28.5 (1) The Minister may approve a local health integration network or an approved agency to provide funding to or on behalf of a person to purchase a prescribed community service in accordance with this section. 2016, c. 30, s. 40 (2); 2019, c. 5, Sched. 3, s. 10 (12). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 28.5 (1) of the Act is amended by striking out “a local health integration network or”. (See: 2019, c. 5, Sched. 3, s. 10 (13)) Effective date of approval (2) If the Minister so specifies, an approval under subsection (1) shall be deemed to have taken effect on a day fixed by the Minister that is before the day on which the approval is given. 2016, c. 30, s. 40 (2). Terms and conditions of approval (3) The Minister may impose terms and conditions on an approval given under subsection (1) and may from time to time amend or remove the terms and conditions or impose new terms and conditions. 2016, c. 30, s. 40 (2). Requirements (4) The following requirements apply with respect to funding provided by a local health integration network or an approved agency pursuant to an approval given under subsection (1): Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 28.5 (4) of the Act is amended by striking out “a local health integration network or” in the portion before paragraph 1. (See: 2019, c. 5, Sched. 3, s. 10 (15)) 1.  The network or agency may only provide funding for those community services that are prescribed. 2.  Funding may only be provided for a person for whom the network or agency has developed a plan of service under section 22. 3.  The person may apply to the network or agency for the funding after the plan of service has been developed, and the network or agency may determine whether the person is eligible for funding in accordance with the approval and the regulations, if any. 4.  If the network or agency determines that the person is eligible to receive funding, the network or agency may provide the funding based upon the person’s plan of service, and in accordance with the approval and the regulations, if any. 5.  The network or agency shall, when it reviews and evaluates the person’s plan of service under subsection 22 (2), make any revisions to the funding that are appropriate in consequence, and despite paragraph 7, Part IX applies with respect to a decision by the network or agency respecting the amount of any community services to be included in the person’s plan of service. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraphs 1 to 5 of subsection 28.5 (4) of the Act are amended by striking out “network or” wherever it appears. (See: 2019, c. 5, Sched. 3, s. 10 (17)) 6.  The local health integration network or approved agency may impose terms and conditions on the funding provided to or on behalf of the person to purchase the community services set out in the person’s plan of service and may from time to time amend or remove the terms and conditions or impose new terms and conditions. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 6 of subsection 28.5 (4) of the Act is amended by striking out “local health integration network or”. (See: 2019, c. 5, Sched. 3, s. 10 (19)) 7.  The other provisions of this Act, and the regulations made under this Act, do not apply to the network or agency, other than, Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 7 of subsection 28.5 (4) of the Act is amended by striking out “network or” in the portion before subparagraph i. (See: 2019, c. 5, Sched. 3, s. 10 (21)) i.  the definitions in Part II, ii.  section 22, iii.  sections 59, 59.1, 64 and 66, iv.  the regulations made for the purposes of this section, v.  any provisions of this Act or the regulations that are made to apply by virtue of regulations made for the purposes of this section. 2016, c. 30, s. 40 (2); 2019, c. 5, Sched. 3, s. 10 (14, 16, 18, 20). Protection from liability (5) No action or other proceeding for damages or otherwise, other than an application for judicial review under the Judicial Review Procedure Act, shall be commenced against the Crown, the Minister, a local health integration network or an approved agency, any member, director or officer of a local health integration network or an approved agency, or any person employed by the Crown, the Minister, a local health integration network or an approved agency with respect to any act done or omitted to be done or any decision made under this section that is done in good faith in the execution or intended execution of a power or duty under this section. 2016, c. 30, s. 40 (2); 2019, c. 5, Sched. 3, s. 10 (22). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 28.5 (5) of the Act is amended by striking out “a local health integration network or an approved agency, any member, director or officer of a local health integration network or an approved agency, or any person employed by the Crown, the Minister, a local health integration network or an approved agency” and substituting “an approved agency, any member, director or officer of an approved agency, or any person employed by the Crown, the Minister or an approved agency”. (See: 2019, c. 5, Sched. 3, s. 10 (23)) Section Amendments with date in force (d/m/y) 2016, c. 30, s. 40 (2)
- 08/12/2016 2019, c. 5, Sched. 3, s. 10 (12, 14, 16, 18, 20, 22) - 06/06/2019; 2019, c. 5, Sched. 3, s. 10 (13, 15, 17, 19, 21, 23) - not in force PART VIII   RULES GOVERNING SERVICE PROVIDERS