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ontario regulation 471/06
made under the
Ontario Disability Support Program Act, 1997
Made: September 25, 2006
Filed: October 3, 2006
Published on e-Laws: October 4, 2006
Printed in The Ontario Gazette: October 21, 2006
Amending O. Reg. 562/05
(Prescribed Policy Statements)
1. Section 1 of Ontario Regulation 562/05 is revoked and the following substituted:
Medical conditions re: special diets
1. (1) For the purposes of paragraph 4 of subsection 30 (1) and paragraph 4 of subsection 33 (1) of Ontario Regulation 222/98 (General) made under the Act, the following is the policy for interpreting and applying those provisions:
1. The only medical conditions requiring special diets are those set out in Column A of Schedule 1, subject to subsections (2) and (3).
2. The amount to be included in a recipient’s budgetary requirements if a member of the recipient’s benefit unit has a medical condition requiring a special diet shall be determined in accordance with section 2.
(2) If an approved health professional confirms that a member of a recipient’s benefit unit has gestational diabetes, the Director shall include in the recipient’s budgetary requirements the amount for that condition determined in accordance with section 2 for the remainder of the member’s pregnancy and for a period of up to three months after the end of the pregnancy.
(3) If an approved health professional confirms that a member of a recipient’s benefit unit has the medical condition referred to in item 27 of Schedule 1 relating to breastfeeding infants, the Director shall not include the special diet allowance for that condition in the recipient’s budgetary requirements after the first birthday of the infant in question.
Budgetary requirements re: special diets
2. (1) For the purposes of subparagraph 4 i of subsection 30 (1) and subparagraph 4 i of subsection 33 (1) of Ontario Regulation 222/98 (General) made under the Act, the amount determined in accordance with Schedule 1 that the Director shall include in the recipient’s budgetary requirements shall be, for each medical condition requiring a special diet that a member of the recipient’s benefit unit has, as confirmed by an approved health professional,
(a) the amount set out in Column C of Schedule 1; or
(b) if Column B of Schedule 1 indicates that the medical condition is a condition that may cause weight loss, the amount determined in accordance with subsections (2), (3), (4) and (5).
(2) If a member of a recipient’s benefit unit has a medical condition that may cause weight loss, as indicated in Column B of Schedule 1, the amount that shall be included in the recipient’s budgetary requirements shall be, subject to subsections (3), (4) and (5),
(a) if the approved health professional confirms that the member has not lost any weight or has lost 2 per cent or less of his or her usual body weight, the amount set out in Column C of Schedule 1;
(b) if the approved health professional confirms that the member has lost more than 2 per cent but no more than 5 per cent of his or her usual body weight, $150;
(c) if the approved health professional confirms that the member has lost more than 5 per cent but no more than 10 per cent of his or her usual body weight, $180; or
(d) if the approved health professional confirms that the member has lost more than 10 per cent of his or her usual body weight, $240.
(3) If the medical condition that may cause weight loss is one of the following conditions, the amount that shall be included in a recipient’s budgetary requirements is the amount determined in accordance with subsection (4):
1. Anorexia nervosa.
2. Cystic fibrosis.
3. Kwashiorkor.
4. Marasmus.
(4) The amount to be included in a recipient’s budgetary requirements if a member of a recipient’s benefit unit has a medical condition referred to in subsection (3) shall be,
(a) if the approved health professional confirms that the member has not lost any weight or has lost 2 per cent or less of his or her usual body weight, the amount set out in Column C of Schedule 1; and
(b) if the approved health professional confirms that the member has lost more than 2 per cent of his or her usual body weight, $150.
(5) If an approved health professional confirms that a member of a recipient’s benefit unit has more than one medical condition that may cause weight loss, as indicated in Column B of Schedule 1, the amount to be included in the recipient’s budgetary requirements shall be determined as if the member only had one such condition.
(6) If an approved health professional confirms that a member of a recipient’s benefit unit has a medical condition referred to in item 14 of Schedule 1, the Director shall include in the recipient’s budgetary requirements for the first month after the confirmation is received an amount of $75 to compensate for the cost of purchasing a blender, in addition to the monthly amount set out in Column C of Schedule 1.
More than one medical condition
3. (1) Despite section 2, if a member of a recipient’s benefit unit has more than one medical condition that requires a special diet, as confirmed by an approved health professional, the maximum amount that may be included in the recipient’s budgetary requirements with respect to all the medical conditions that the member has is $250.
(2) Subsection (1) does not apply with respect to a member of a benefit unit to whom subsections 30 (3) and (4) or subsections 33 (2) and (3) of Ontario Regulation 222/98 (General) made under the Act apply.
Definition
4. In this Regulation,
“approved health professional” means a person who is an approved health professional under subsection 2 (4) of Ontario Regulation 222/98 (General) made under the Act.
2. Schedule 1 to the Regulation is revoked and the following substituted:
SCHEDULE 1
SPECIAL DIETS
Item
Column A
Column B
Column C
Medical Conditions that Require a Special Diet
Medical Conditions that may Cause Weight Loss
Monthly Amount for Special Diet Unless Otherwise Specified
1.
Amyotrophic Lateral Sclerosis
$10
2.
Anorexia Nervosa
Yes
$75 or such higher amount as may be permitted in accordance with subsection 2 (4)
3.
Cardiovascular Disease
$10
4.
Celiac Disease
less than 2 years of age
$58
2-10 years of age
$115
11-18 years of age
$147
19 years of age or older
$131
5.
Chronic Constipation
$10
6.
Chronic wounds requiring protein
$10
7.
Congenital Abnormalities of the Metabolic Type — Adults
$10
8.
Congenital Abnormalities of the Metabolic Type — Infants & Children
$10
9.
Congestive Heart Failure
$44
10.
Crohn’s Disease
Yes
$75 or such higher amount as may be permitted in accordance with subsection 2 (2)
11.
Cystic Fibrosis
Yes
$75 or such higher amount as may be permitted in accordance with subsection 2 (4)
12.
Diabetes
$42
13.
Diverticulum/Diverticulitis
$10
14.
Dysphagia/Swallowing or Mastication Difficulties
$25 and, when appropriate, the one-time amount referred to in subsection 2 (6)
15.
Extreme Obesity: Class III BMI > 40
$20
16.
Food Allergy — Eggs
$10
17.
Food Allergy — Milk/Dairy or Lactose Intolerance
less than 2 years of age
$95
2-10 years of age
$97
11-18 years of age
$55
19 years of age or older
$35
18.
Food Allergy — Soya
$83
19.
Food Allergy — Wheat
less than 2 years of age
$38
2-10 years of age
$77
11-18 years of age
$98
19 years of age or older
$57
20.
Gestational Diabetes
$44
21.
Gout
$32
22.
HIV/AIDS
Yes
$75 or such higher amount as may be permitted in accordance with subsection 2 (2)
23.
Hyperlipidemia
$10
24.
Hypertension
$10
25.
Hypertension and Congestive Heart Failure and Grade 1 to 2 left ventricular function
$44
26.
Hypercholesterolemia
$22
27.
Inadequate lactation to sustain breast-feeding or breast-feeding is contraindicated
- where infant is lactose tolerant
$75
- where infant is lactose intolerant
$83
28.
Kwashiorkor
Yes
$75 or such higher amount as may be permitted in accordance with subsection 2 (4)
29.
Liver Failure/Hepatic Disorders
$10
30.
Macrocytic Anaemia
$10
31.
Malabsorption
$20
32.
Malignancy
Yes
$75 or such higher amount as may be permitted in accordance with subsection 2 (2)
33.
Marasmus
Yes
$75 or such higher amount as may be permitted in accordance with subsection 2 (4)
34.
Microcytic Anaemia
$30
35.
Osteoporosis/Osteomalacia/Osteopenia
$10
36.
Ostomies [e.g., jejunostomy, ileostomy]
Yes
$75 or such higher amount as may be permitted in accordance with subsection 2 (2)
37.
Pancreatic Insufficiency
Yes
$75 or such higher amount as may be permitted in accordance with subsection 2 (2)
38.
Post-gastric surgery
$10
39.
Prediabetes: Impaired Glucose Tolerance (IGT) or Impaired Fasting Glucose (IFG)
$42
40.
Renal Failure — Dialysis
$44
41.
Renal Failure — Pre-Dialysis
$44
42.
Short Bowel Syndrome
Yes
$75 or such higher amount as may be permitted in accordance with subsection 2 (2)
43.
Ulcerative Colitis
Yes
$75 or such higher amount as may be permitted in accordance with subsection 2 (2)
Made by:
Pris par :
La ministre des Services sociaux et communautaires,
Madeleine Meilleur
Minister of Community and Social Services
Date made: September 25, 2006.
Pris le : 25 septembre 2006.
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