Recovery of charge when item not provided
22. (1) If a payment for accommodation, care, services, programs or goods is accepted by or on behalf of a licensee from or on behalf of a resident and the item paid for has not been provided to the resident, the Minister may, (a) deduct the amount of the payment from payments owing by the Crown to the licensee; and Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 49 (15) and the following substituted: (a) deduct the amount of the payment from payments owing by the Crown to the licensee and pay the amount deducted to the person from whom the payment was accepted; or See: 2006, c. 4, ss. 49 (15), 55 (2). (b) pay the amount deducted to the person from whom the payment was accepted. 1993, c. 2, s. 37. Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 49 (15) and the following substituted: (b) direct a local health integration network that provides funding to the licensee under the Local Health System Integration Act, 2006 to deduct the amount of the payment from payments owing by the network to the licensee and to pay the amount deducted to the person from whom the payment was accepted. See: 2006, c. 4, ss. 49 (15), 55 (2). Recovery of excessive charge (2) If a payment for accommodation, care, services, programs or goods is accepted by or on behalf of a licensee from or on behalf of a resident, the item paid for has been provided to the resident and the payment exceeds the amount permitted to be charged under section 21, the Minister may, (a) deduct the excess from payments owing by the Crown to the licensee; and Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 49 (16) and the following substituted: (a) deduct the excess from payments owing by the Crown to the licensee and pay the amount deducted to the person from whom the excessive payment was accepted; or See: 2006, c. 4, ss. 49 (16), 55 (2). (b) pay the amount deducted to the person from whom the excessive payment was accepted. 1993, c. 2, s. 37. Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 49 (16) and the following substituted: (b) direct a local health integration network that provides funding to the licensee under the Local Health System Integration Act, 2006 to deduct the excess from payments owing by the network to the licensee and to pay the amount deducted to the person from whom the payment was accepted. See: 2006, c. 4, ss. 49 (16), 55 (2). Recovery when item inadequately provided (3) If a payment for accommodation, care, services, programs or goods is accepted by or on behalf of a licensee from or on behalf of a resident and the item paid for has been inadequately provided, the Minister may, (a) deduct such portion of the payment as the Minister considers appropriate from payments owing by the Crown to the licensee; and Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 49 (17) and the following substituted: (a) deduct the portion of the payment that the Minister considers appropriate from payments owing by the Crown to the licensee and pay the amount deducted to the person from whom the payment was accepted; or See: 2006, c. 4, ss. 49 (17), 55 (2). (b) pay the amount deducted to the person from whom the payment was accepted. 1993, c. 2, s. 37. Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 49 (17) and the following substituted: (b) direct a local health integration network that provides funding to the licensee under the Local Health System Integration Act, 2006 to deduct the portion of the payment that the network considers appropriate from payments owing by the network to the licensee and to pay the amount deducted to the person from whom the payment was accepted. See: 2006, c. 4, ss. 49 (17), 55 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 22 is amended by the Statutes of Ontario, 2006, chapter 4, subsection 49 (18) by adding the following subsection: Compliance (4) A local health integration network shall comply with a direction of the Minister under clause (1) (b), (2) (b) or (3) (b). 2006, c. 4, s. 49 (18). See: 2006, c. 4, ss. 49 (18), 55 (2).