EMERGENCY FUND FREQUENTLY ASKED QUESTIONS

Transcription

1 EMERGENCY FUND FREQUENTLY ASKED QUESTIONS GENERAL QUESTIONS 1. What is the Emergency Fund? The Emergency Fund (the Fund) is a trust fund established by the RHRA for the benefit of residents (or former residents) of retirement homes. The Fund is managed by the RHRA and may only be used to assist individuals who have been affected by certain emergency circumstances in a retirement home. Individuals who believe they are eligible to receive compensation from the Fund may submit a claim to the RHRA. The RHRA s Registrar also has the power to make an emergency payment from the Fund to assist an individual, even though no claim has been made. Certain criteria must be met before the Fund may be used. The criteria that apply to a claim for compensation are different to the criteria that apply when the Registrar makes an emergency payment. More information about the criteria for claims and emergency payments is provided below. 2. How is the Fund financed? If the Registrar believes that a person has contravened a requirement under the Retirement Homes Act, 2010, the Registrar may order the person to pay an administrative penalty (fine) to the RHRA. All administrative penalties collected by the RHRA are paid directly into the Fund. The RHRA makes other payments into the Fund as required. 3. When will the Fund be used? The Fund may only be used for the cost of alternate accommodation and care for retirement home residents in the specific emergency circumstances set out in the Regulation. The RHRA is not permitted to use the Fund in any other way, or for any other costs. All retirement homes are required to have insurance to cover the additional cost of providing alternate accommodation and care to their residents in certain emergency circumstances. The Fund will only need to be used when this insurance cannot be relied on. The Registrar may require an individual to show that they have already tried other ways to pay for or claim back their costs before approving use of the Fund. March 2015 Page 1 of 5

2 Even where use of the Fund is approved, the Registrar may require the individual to continue to try to get their costs back in other ways. If successful, the individual would be required to pay back the Fund. QUESTIONS ABOUT MAKING A CLAIM FOR COMPENSATION FROM THE EMERGENCY FUND 4. When may an individual make a claim for compensation from the Fund? An individual may submit a claim to the RHRA for compensation from the Fund when: loss or damage to the retirement home has resulted in an emergency situation; due to the emergency, the operator of the retirement home has been unable to safely provide normal accommodation or care to the individual in the retirement home; and the individual has incurred costs to find, move to or pay for alternate accommodation or to access alternate care providers. Other criteria set out in the Regulation may affect an individual s eligibility to submit a claim. For more information, contact the RHRA at ASK RHRA ( ) 5. What costs can an individual claim for? An individual can claim compensation for the additional cost of alternate accommodation and/or care for a period of up to 120 days. The claim may also include costs related to finding or moving to the alternate accommodation. Example: an emergency arises at a retirement home on May 1 st. A resident, Donald, cannot stay in his unit. Donald moves to another retirement home which provides him with accommodation until September 14 th, when he is able to return to his unit. Donald may claim for the additional cost of his accommodation from May 1 st to and including August 28 th, which is 120 days. Donald may not claim for the costs between August 29 th and September 14 th, as these go over the 120- day limit. In addition to accommodation costs, Donald may also claim costs relating to finding or moving to the alternate accommodation. The Registrar will consider whether the alternate accommodation and care was reasonable and whether the individual and the retirement home operator have tried to prevent or reduce the costs. The maximum amount of a claim is $10,000. Refer to Question 6 below for more information. March 2015 Page 2 of 5

3 6. Is there a limit on the amount claimed? An individual may claim up to $10,000. Where an individual has paid more than $10,000 in costs, they can still make a claim; however, the maximum amount that will be paid out is $10,000. An individual may make more than one claim, as long as each claim relates to a different emergency. 7. Who may submit a claim for compensation from the Fund? A claim may be made by any individual who is a resident of a retirement home or was a resident of a retirement home when the emergency situation occurred. In some cases, a claim may be submitted by someone else on behalf of the individual affected. Contact the RHRA at ASK RHRA ( ) for more information. 8. Does a claim for compensation have to be made within a certain time? A claim must be made within 90 days of the end of the period for which the individual claims compensation. Example: an emergency occurs at a retirement home on February 19, A resident, Evelyn, has to pay additional fees to stay at another retirement home for 14 days, until March 5, 2015 when she returns to her own retirement home. Evelyn s claim must be submitted by June 3, 2015 (90 days following March 5, 2015). 9. How do I submit a claim for compensation from the Fund? Please contact the RHRA at ASK RHRA ( ) for information about submitting a claim. 10. What happens after I submit my claim? RHRA staff will review your claim and may contact you to request documents and additional information that will assist the Registrar to consider your claim. You will be promptly notified of any direction or decision made by the Registrar. March 2015 Page 3 of 5

4 11. How long does it take to process a claim for compensation from the Fund? The process for claims is new. It is not yet known how long it will take for the average claim to be addressed. In some cases, many claims may be submitted to the RHRA at once, making processing times longer. Some claims may be more complicated and may take longer to process. RHRA staff will attempt to deal with all claims in a timely manner and anticipate that most claims will be considered within a reasonable time frame. QUESTIONS ABOUT PAYMENTS FROM THE EMERGENCY FUND 12. When may the Registrar make an emergency payment from the Fund? The Registrar may decide to make an emergency payment of up to $2,000 for the benefit of a resident (or former resident) of a retirement home, even when no claim has been made. The payment may be made to assist an individual to find, move to, or pay for alternate accommodation or care when a retirement home operator is unable to safely provide normal accommodation or care because of emergency circumstances arising from: loss or damage to the Retirement Home, and/or abuse or neglect resulting in a serious and imminent risk of harm to the individual. There are many factors that the Registrar is required to take into account when considering a payment. These are set out in subsection 64.4 of the Regulation. The Regulation is available here. The Registrar may decide to make a payment directly to the individual who has been affected, or to someone else who will use it for the benefit of the individual (for example, an agency that will provide or arrange care for the individual such as a Community Care Access Centre or the Office of the Public Guardian and Trustee). 13. I am aware of circumstances that seem to fit the criteria for the Registrar to make an emergency payment from the Fund what should I do? Contact the RHRA immediately at ASK-RHRA ( ). RHRA staff will be able to advise you about the best way to deal with your concerns in the circumstances. March 2015 Page 4 of 5

5 To find out more about the Fund, refer to sections 64.1 to 64.4 of Ontario Regulation 166/11 (available here) or contact the RHRA: 160 Eglinton Avenue East 5th Floor Toronto, ON M4P 3B5 Telephone: ASK-RHRA ( ) Fax: Website: March 2015 Page 5 of 5