O. Reg. 211/24: FUNDING FOR THERAPY AND COUNSELLING

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ontario regulation 211/24

made under the

Health and Supportive Care Providers Oversight Authority Act, 2021

Made: May 30, 2024
Filed: June 4, 2024
Published on e-Laws: June 4, 2024
Published in The Ontario Gazette: June 22, 2024

Funding for Therapy and Counselling

CONTENTS

 

Program

1. There shall be a program, established by the Authority, to provide therapy and counselling for persons alleging sexual abuse by a registrant.

Administration

2. The Chief Executive Officer shall administer the program established in accordance with section 1.

Eligibility

3. A person is eligible for funding if the Chief Executive Officer determines that it has been alleged, in a complaint or report, that the person was sexually abused by a registrant while the person was a recipient of health services or supportive care services provided by the registrant.

Timing

4. Where a request is made for funding under the program established in accordance with section 1, a determination of the person’s eligibility for such funding in accordance with section 3 shall be made within a reasonable period of time of the request having been received.

Not a finding

5. The determination of a person’s eligibility for funding in accordance with section 3 does not constitute a finding against the registrant and shall not be considered by any other committee of the Authority dealing with the registrant.

No assessment

6. A person is not required to undergo a psychological or other assessment before receiving funding.

Choice of therapist or counsellor

7. A person who is eligible for funding is entitled to choose any therapist or counsellor, subject to the following restrictions:

1. The therapist or counsellor must not be a person to whom the eligible person has any family relationship.

2. The therapist or counsellor must not be a person who, to the Authority’s knowledge, has at any time or in any jurisdiction been found guilty of professional misconduct of a sexual nature or been found civilly or criminally liable for an act of a similar nature.

3. If the therapist or counsellor is not a member of a regulated health profession, the Authority may require the eligible person to sign a document indicating that they understand that the therapist or counsellor is not subject to professional discipline.

Payment

8. Funding shall be paid only, and directly, to the therapist or counsellor chosen by the person.

Use of funding

9. (1) Funding shall be used only to pay for therapy or counselling and shall not be applied directly or indirectly for any other purpose.

(2) Subject to section 12, funding may be used to pay for therapy or counselling that was provided at any time after the alleged sexual abuse took place.

Maximum funding

10. The maximum amount of funding that may be provided for a person in respect of a case of alleged sexual abuse is the amount that the Ontario Health Insurance Plan would pay for 200 half-hour sessions of individual out-patient psychotherapy with a psychiatrist on the day it is determined that the person is eligible for funding.

Other coverage

11. The funding that is provided to a person for therapy and counselling shall be reduced by the amount that the Ontario Health Insurance Plan or a private insurer is required to pay for therapy or counselling for the person during the period of time during which funding may be provided for the person under the program established in accordance with section 1.

Period of time

12. (1) The period of time within which funding may be provided for a person in respect of a case of alleged sexual abuse is five years from,

(a) the day on which the person first received therapy or counselling for which payment is provided, if, under subsection 9 (2), funding is provided for therapy or counselling that was provided before a determination was made under section 3; or

(b) if the person did not receive therapy or counselling described in clause (a), the day the determination that the person was eligible for therapy or counselling was made under section 3.

(2) Despite subsection (1), the Chief Executive Officer may, in their discretion, extend the period of time within which funding may be provided for a person in respect of a case of alleged sexual abuse if, in the opinion of the Chief Executive Officer, it is appropriate to do so under exceptional circumstances.

Commencement

13. This Regulation comes into force on the later of the day subsection 35 (1) of Schedule 2 (Health and Supportive Care Providers Oversight Authority Act, 2021) to the Advancing Oversight and Planning in Ontario’s Health System Act, 2021 comes into force and the day this Regulation is filed.

 

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