S-4.2, r. 7 - Regulation respecting the contribution of users taken in charge by family-type resources or by intermediate resources

Updated to 1 January 2018

This document has official status.

chapter S-4.2, r. 7

Regulation respecting the contribution of users taken in charge by intermediate resources

Act respecting health services and social services

(chapter S-4.2, ss. 512 to 515).

The amounts prescribed in the Regulation have been indexed as of 1 January 2018. (ss. 5 and 8, see I.N. 2018-01-01)

1. Unless otherwise indicated, a reference to “the Regulation” in any section of this Regulation is a reference to the Regulation respecting the application of the Act respecting health services and social services for Cree Native persons (chapter S-5, r. 1).

O.C. 98-2001, s. 1.

2. The contribution that may be required from users who are taken in charge by an intermediate resource of a public institution shall be determined in accordance with the rules set out in this Regulation.

Notwithstanding any incompatible provision, the monthly contribution exigible from a user may not be greater than the monthly amount of compensation received by the intermediate resource to take the user in charge.

O.C. 98-2001, s. 2.

3. The provisions of sections 347 to 357.2 of the Regulation apply, with the necessary modifications, to determine the amount of the contribution exigible when the user taken in charge by an intermediate resource is a minor child.

The contribution shall be determined and collected by the institution operating the child and youth protection centre on the territory of the agency responsible for recognizing the intermediate resource.

O.C. 98-2001, s. 3.

4. The provisions of sections 376 and 377 of the Regulation apply, with the necessary modifications and subject to the special rules prescribed by this Regulation, to determine the amount of the contribution exigible from a user of full age taken in charge by an intermediate resource when

(1)  the user receives benefits under a last resort financial assistance program provided for in the Individual and Family Assistance Act (chapter A-13.1.1); or

(2)  the intervention plan of the user provides for the reintegration of the user into his natural environment within 2 years of his taking in charge by the intermediate resource.

O.C. 98-2001, s. 4.

5. The provisions of sections 361 to 370 and 373 to 375 of the Regulation apply, with the necessary modifications and subject to the special rules prescribed by this Regulation, to determine the amount of the contribution exigible from a user of full age whose intervention plan does not provide for the reintegration of the latter into his natural life environment within 2 years of his taking in charge by the intermediate resource.

The daily sum applicable for the purposes of the monthly billing provided for in section 361 of the Regulation referred to in the first paragraph shall be equal to the daily rate of compensation paid to the intermediate resource that takes the user in charge, up to a maximum amount of $41.13. That amount shall be indexed at the beginning of each year on 1 January on the basis of the Pension Index established in accordance with section 117 of the Act respecting the Québec Pension Plan (chapter R-9).

O.C. 98-2001, s. 5.

6. For the purposes of this Regulation, a user of full age shall not be considered capable of reintegration into his natural life environment if he must be taken in charge by a foster home or an intermediate resource of a public institution or if he must be lodged in a facility maintained by a public or private institution under agreement.

O.C. 98-2001, s. 6.

7. The contribution is exigible from the first day a user of full age is taken in charge.

Notwithstanding the foregoing, when a user must be taken in charge temporarily for rehabilitation purposes, the contribution becomes exigible after 45 days of taking in charge, except if the attending physician certifies in the user’s record that active care is still required and such certification is renewed every 30 days thereafter.

O.C. 98-2001, s. 7.

8. Notwithstanding any incompatible provision, the contribution exigible from a user of full age shall be calculated so that the personal expense allowance referred to in section 375 of the Regulation is not less than $215.

O.C. 98-2001, s. 8.

9. The contribution of a user of full age shall be determined by the Minister of Health and Social Services and collected by the public institution via which the user was entrusted to the intermediate resource, or by any other public institution acting on behalf of the former institution and designated for that purpose by the agency responsible for recognizing the intermediate resource.

O.C. 98-2001, s. 9.

10. When, on 1 April 2001, a user of full age has been lodged in a facility or taken in charge by a resource in the health and social services network for more than 2 continuous years, the contribution exigible from that user shall be determined in accordance with section 5, except if the reintegration of that user into his natural life environment is already planned within the 12 following months, in which case the user’s contribution shall be determined in accordance with section 4.

O.C. 98-2001, s. 10.

11. (Omitted).

O.C. 98-2001, s. 11.

12. (Omitted).

O.C. 98-2001, s. 12.

REFERENCES

O.C. 98-2001, 2001 G.O. 2, 1222

S.Q. 2005, c. 32, s. 309