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→Legislation Related to Funding
==Legislation Related to Funding==
* '''Canada Health Act''' ([[{{PAGENAME}}#References|4142]]) - Hospitals and doctors are covered by the Canada Health Act; residential care facilities are not. The Canada Health Act establishes the criteria and conditions that the provinces and territories must meet to be eligible for available federal government health care funding.
* The extended care services provided in residential care facilities are not included in the funding criteria and national standards contained in the Act. However, for the purpose of this legal manual, the Canada Health Act remains important as it relates to what hospital administration can do or can charge patients in the transition from hospital care to residential care. This is described further in Chapter Three Legal Issues in Admissions & Transfers.
* '''Continuing Care Act and Regulations''' -Continuing care is defined as one or more health care services to persons with a frailty or with an acute or chronic illness or disability that does not require hospital care. This Act ([[{{PAGENAME}}#References|4243]]) allows the Minister of Health to enter into payment Agreements with operators for the services given to clients so they can receive continuing care from the operator. The Act also sets out applicable standards, guidelines or directives issued by the minister.
* ''' Continuing Care Fee Regulations ''' ([[{{PAGENAME}}#References|4344]])- The regulations authorize the Minister to charge residents a prescribed monthly fee.
* ''' Hospital Insurance Act Regulations. ''' ([[{{PAGENAME}}#References|4445]]) Section 8.4 of this Act sets out a monthly charge for extended care hospital residents.
'''IMPORTANT NOTE:''' The Continuing Care Fee Regulations, (s. 6) and the Hospital Insurance Act Regulations (s. 8.6) authorize the Minister to reduce some or all the charges that the resident might otherwise be required to pay in residential care facilities and extended care hospitals. These are the legal basis for the "hardship waivers" for which residents or their legal representatives can apply.