I'm not sure I can answer the question about whether it should be incorporated under the Canada Health Act. That certainly would secure the availability of services, or theoretically could secure the availability of those services, for those who need them.
I can say that the lack of adequate home care is a serious problem. And I should say that this has evolved over time into a problem, in part because the home care that is available has been shifted from what had historically been primarily targeted at chronic care, which is primarily the problems of old age, to post-acute care. People are being discharged from hospital earlier than in the past, and with fairly high levels of need, including intravenous therapy, catheterization, various medication needs, and other sorts of high-level personal care requirements.
So home care has now been shifted to serve that population, away from serving the population it historically served, which was the chronic care needs. What we have now is a situation where a group who had been previously serviced are no longer being serviced adequately.