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Dr. Elaine Ma is a Kingston family physician. (Supplied photo) Supplied photo
As Ontario’s health insurance authority plans to appeal a court ruling recognizing the unique challenges of the COVID-19 pandemic, Kingston doctor Dr. Elaine Ma says this appeal request sends a concerning message to healthcare workers who stepped up during such a critical time.
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On Dec.16, Ontario’s Divisional Court made a decision that partially supported Dr. Ma regarding over $600,000 in COVID-19 vaccination clinic charges. However, just two weeks later on Dec.30, OHIP submitted a motion seeking permission to challenge this decision in court. In a statement provided to Kingstonist late on New Year’s Eve, Ma expressed her “deep disappointment” regarding this ongoing legal battle.
Ma organized 48 mass vaccination clinics throughout Kingston during the pandemic but was later instructed by OHIP to repay $600,962 due to alleged billing issues-a ruling confirmed by Health Services Appeal and Review Board (HSARB). However, upon judicial review, the Divisional Court decided it was unreasonable for OHIP to assert that COVID-19 didn’t create extenuating circumstances and sent it back for HSARB to reassess how much money Ma needs to repay.
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The motion submitted with Ontario Court of Appeal on Dec30 stated that OHIP believes that there were errors interpreting section17.5 of Health Insurance Act which permits payments under “extenuating circumstances” while raising important public issues affecting provincial health insurance management. OHIP asserts that this interpretation wrongly expands both section17.5 scope as well as Board authority indicating potential complications for future billing disputes among physicians. The leave-to-appeal motion will be reviewed in writing by Ontario Court of Appeal. P<Ma pointed out “The court was clear in recognizing what front-line physicians and public have always known: COVID-19 was an extenuating circumstance, and physicians were practicing amidst unprecedented public health crisis while responding urgently government calls vaccinate quickly scale. That finding mattered-not just me but every physician who stepped up during pandemic.”
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She stated OHIP’s choice continuing litigation “despite this clear judicial guidance” shows they prefer an adversarial approach focused avoiding payment work undoubtedly done, rather than acknowledging context, fairness realities front-line care during crisis.”
“Many had hoped new leadership would indicate change toward rebuilding trust working collaboratively physicians benefit patients healthcare system,” Ma explained noting former general manager Jeff Hutchison no longer holds position replaced Patrick Dicerni also serves assistant deputy minister executive officer for OHIP at Ministry Health steering policy program delivery strategic oversight province’s health insurance plan.
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Ma emphasized accountability transparency always been focus case.
“Forty-eight mass vaccination clinics run over nine months, I personally spent hundreds hours outside clinic time entering correcting vaccination data COVax ensure accurate public records.36 ,800 vaccines provided,” she said.
“People never turned away-including members military , students , refugees individuals expired missing health cards-even though many vaccinations never paid.”
At moment when Ontario facing growing physician shortage strained public trust healthcare system, Masaid continued litigation sends troubling message:“Physicians need know acting good faith service communities during crisis won’t lead years punishment.”
“I’ll continue participate fully legal process,”Maconcluded.“But I hope OHIP carefully reflect what continuing fight conveys Ontario’s physicians-and whether truly tone wants set futureourhealthcare system.”
Michelle Dorey Forestell is awriterwith Kingstonist. LJI funded through federal government.
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