Kingston Doctor Relieved as Court Rejects OHIP Appeal

A doctor from Kingston, Ont., who set up numerous vaccine clinics early in the COVID-19 pandemic – and was told to pay back a hefty sum for those services – says she feels somewhat relieved after the latest development in her legal struggle.

But Dr. Elaine Ma expresses that she’s still feeling frustrated.

“It’s sad to me that we needed a court to tell Ontario Health Insurance Plan (OHIP) to be reasonable,” Ma told CBC’s All In A Day on Friday.

During the peak of the pandemic, Ma arranged 48 mass vaccination clinics where she – along with other doctors and medical students – administered thousands of doses of the COVID-19 vaccine.

In 2024, the Ontario Health Insurance Plan (OHIP) stated she had to return $600,000 she had billed for the vaccinations, plus about $35,000 in interest.

The matter was first brought before the Health Services Appeal and Review Board (HSARB) – an “independent adjudicative and regulatory tribunal,” according to Ontario’s Ministry of Health – which decided she needed to repay the government.

It then went to an Ontario court that found HSARB had not taken into account extenuating circumstances.

OHIP later took it to Ontario’s court of appeal, which chose not to hear it earlier this month.

<p What happens next is anyone’s guess for Ma.

The case could go back to HSARB, but Ma mentioned she hasn’t been given any date yet.

CBC reached out to the health ministry for a statement but did not receive a response.

Dr. Elaine Ma administers a vaccine during a drive through COVID-19 vaccine clinic at St. Lawrence College in Kingston. (Lars Hagberg/The Canadian Press)

‘Time wasted’

Ma explained that her troubles began because her name appeared on receipts sent to the ministry.

This was necessary since many medical students who helped run the clinics and give shots weren’t included in the billing system.

She noted that the $600,000 she initially received from the province covered all aspects of preparing for the vaccine clinics, beyond just administering vaccines.

Part of why she believes she deserves that payment is because she’s responsible for overseeing medical students and their work – just like how she’d bill if a medical student assisted in delivering a baby.

Ma feels strongly that OHIP’s aggressive pursuit stems from forgetting how urgent things were during the pandemic.

“The focus was on what’s the right thing to do. We’re in a medical emergency here. As a medical doctor, I believe that the right thing to do was to step up, and I have no regrets about that,” she said.

I’m both thankful for the courts that they are being reasonable and at this point very disappointed that OHIP continues its pursuit.- Dr. Elaine Ma

“I’m both thankful for the courts that they are being reasonable and at some point very disappointed that OHIP continues to pursue.”</P<p. Ma expressed concern about possible repercussions faced by others due her ongoing legal battle.

“Some physicians have stopped running drive-thru vaccine clinics,” she remarked about practices established long before COVID-19.

M said she’s uncertain when this court fight will conclude since legally it can revert back HSARB, which made its initial ruling against her.

“It’s just frustrating every time we attend another hearing board or court; it’s simply time wasted. It’s time and money wasted too.” She shared.

“It’s time away from my family; it’s time away from my practice.”“It’s time my other patients can’t see me. And for what purpose?”</P

OMA sticks with doctor

Ma’s situation has raised questions about fairness according OMA.
“We know doctors were asked step up during pandemic ensure launch shots arms save lives that’s what Dr. M did “. said OMA president Dr. Rebecca Hicks.
Hicks commented on behalf OMA it’s tough watch someone acting good faith protect patients get targeted same way

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