Showing posts with label healthcare in canada. Show all posts
Showing posts with label healthcare in canada. Show all posts

Tuesday, 6 September 2016

Four things you should know about the pending Charter challenge against Medicare

By Colleen Flood and Kathleen O’Grady, EvidenceNetwork.ca

A version of this commentary appeared in the Globe and Mail, the Medical Post and the Windsor Star

A long-running dispute between Dr. Brian Day, the co-owner of Cambie Surgeries Corporation and the British Columbia government may finally be resolved in the BC Supreme Court next year — and the ruling could transform the Canadian health system from coast to coast.

The case emerged in response to an audit of Cambie Surgeries, a private for-profit corporation by the BC Medical Services Commission.  The audit found from a sample of Cambie’s billing that it (and another private clinic) had charged patients hundreds of thousands of dollars more for health services covered by Medicare than is permitted by law.  Dr. Day and Cambie Surgeries claim that the law preventing a doctor charging patients more is unconstitutional.

Dr. Day’s challenge builds on the legacy of a 2005 decision by the Supreme Court of Canada overturning a Quebec ban on private health insurance for medically necessary care.  But this case goes much further, not only challenging the ban on private health insurance to cover medically necessary care, but also the limits on extra-billing and the prohibition against doctors working for both the public and private health systems at the same time.

A trial date was set to begin in 2012, but was adjourned until March 2015 so that the parties could resolve their dispute out of court and reach a settlement.  It now appears such a resolution has not been reached and the court proceedings resume in June 2016.

Here’s why this case matters:

1. Legal precedent: Whatever way the case is decided at trial, it is likely to be appealed and eventually reviewed by the Supreme Court.  A decision from this level will mean all provincial and territorial governments will have to revisit equivalent laws.  The foundational pillars of Canadian Medicare — equitable access and preventing two-tier care — could well be vanquished in the process.

2. Wait times: Dr. Day will likely argue that Canada performs poorly on wait times compared to other countries, and that other countries allow two-tier care; thus, if Canada is allowed two-tier care, our wait times would improve.  But this approach is too simplistic.
Common comparisons to the English health system, for example, fail to recall that despite having two-tiers, they have in the past suffered horrendously long-wait times.  Recent efforts to tackle wait times have come from within the public system, with initiatives like wait time guarantees and tying payment for public officials to wait times targets. 

By looking to England we are not measuring like to like but apples to oranges.  English doctors are generally full-time salaried employees while most Canadian physicians bill Medicare on a fee-for-service basis.  Consequently, the repercussions for permitting extra billing in Canada could eviscerate our publicly funded system, whereas this is not the case in England.  Imagine if most doctors in Canada could bill, as those at the Cambie clinic have done, whatever they want in addition to what they are paid by governments?

3. Conflict-of-interest incentives: Evidence suggests there is a danger in providing a perverse incentive for physicians who are permitted to work in both public and private health systems at the same time.  Wait times may grow for patients left in the public system as specialists drive traffic to their more lucrative private practice.

Sound improbable? Academic studies have noted this trend in specific clinics that permit simultaneous private-public practice.  And recent UK news reports have profiled a case where a surgeon bumped a public patient in need of a transplant for his private-pay patient. 

4. Competition: Proponents of privatized health services often claim that it would add a healthy dose of competition, jolting the “monopoly” of public healthcare from its apathy.  But free markets don’t work well in healthcare. Why? Because public providers and private providers won’t truly compete if the laws Dr. Day challenges are struck down.  Instead, those with means and/or private insurance will buy their way to the front of queues.  Public coverage for the poor will likely suffer, as is clearly evident in the U.S., with many doctors refusing to provide care to Medicaid (low-income) patients in preference for those covered by higher-paying private insurance.

Of course, this is all based on an outcome that is not yet known.  It may be that the Charter challenge in BC is unsuccessful but clearly the stakes for ordinary Canadians are very high.  Sadly Dr. Day is not bringing a challenge for all Canadians.  Isn’t it long past time our governments and our doctors work to ensure all Canadians — and not just those who can afford to pay — receive timely care? 

Colleen M. Flood is Professor and University Research Chair in Health Law & Policy at the University of Ottawa and an expert advisor with EvidenceNetwork.ca.  Kathleen O’Grady is a Research Associate at the Simone de Beauvoir Institute, Concordia University and Managing Editor of EvidenceNetwork.ca.


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Tuesday, 5 April 2016

Why medical marijuana should be exempt from sales tax

The authors are members of the Canadian Medical Cannabis Council patient advisory committee: Lynne Belle-Isle (Canadian AIDS Society), Joanne Simons (Arthritis Society), Cody Lindsay (The Wellness Soldier), Jonathan Zaid (Canadians for Fair Access to Medical Marijuana), Sharon Baxter (Canadian Hospice Palliative Care Association), Sandy Smeenk (Improving the Lives of Children) and Jackie Manthorne (Canadian Cancer Survivor Network).
While Canada engages in complex dialogue about how best to regulate the sale of cannabis for adult use, tens of thousands of Canadians are currently authorized to use cannabis to treat a variety of symptoms and medical conditions. They have obtained this authorization from a physician or nurse practitioner, the only way they can use it legally under current regulations.
Research funded by the University of British Columbia’s Institute for Healthy Living and Chronic Disease Prevention has shown that for many Canadians with chronic medical conditions, a lack of affordability can be a barrier to using cannabis for medical purposes. Sales tax on medical cannabis only adds to the financial burden.
Among research participants who reported buying cannabis for medical purposes, the median amount spent was $200 a month. Likewise, more than half of respondents who currently use cannabis for medical purposes report that they can never or only sometimes afford to buy enough cannabis to relieve their symptoms. The proportion was higher – approximately two-thirds – among those who reported fair to poor general health. Perhaps more importantly, a third of respondents stated that they often or always have to choose between medical cannabis and other necessities, such as food, rent and other medicines.
Health Canada has reiterated that cannabis should be treated like other prescription drugs. Canada’s Excise Tax Act specifies that drugs prescribed by a health-care practitioner that are not available over the counter are zero-rated and not subject to federal and provincial tax. Under the Marihuana for Medical Purposes Regulations, medical cannabis can only be purchased with a medical document obtained from a health-care practitioner. This medical document has been acknowledged as being akin to a prescription by the Colleges of Physicians and Surgeons in Ontario, British Columbia, New Brunswick, Nova Scotia, Quebec and Saskatchewan.
While Canada will likely benefit greatly from the sales tax revenue from the legal adult recreational cannabis market, this should not come at the expense of people who need it for medical purposes. With sales tax unfairly applied and few cost-coverage options available, patients who cannot afford their medicine are suffering.
The removal of sales tax from medical cannabis is a simple and effective first step to increase affordability.
The Canadian Medical Cannabis Council has taken an active leadership role in advocating for this straightforward but critical change. Interim executive director Philippe Lucas has already met with the Ministry of Finance, making the case that removing this financial barrier for those who rely on legal medical cannabis is a low cost, non-controversial investment in the well-being of Canadian patients with a high level of public support, as demonstrated by the 8,000-plus signatures gathered so far in a petition to that end.
As members of CMCC’s patient advisory committee, we represent the interests of people who use cannabis for medical purposes. Together, we join the growing number of voices calling for the minister to treat medical cannabis like other medical necessities and exempt it from sales tax.
Medical cannabis is not just another commodity. For many people, it’s a medical necessity. It should receive the same zero-rating as other prescription medications.