Montreal Gazette

Barrette wields legal ultimatum

- AARON DERFEL aderfel@postmedia.com Twitter.com/Aaron_Derfel

Health Minister Gaétan Barrette is resorting to a legal ultimatum to deal with Quebec’s emergencyr­oom crisis.

Under a proposed amendment to Bill 130 — Barrette’s latest reform to the public health system — hospitals would no longer be allowed to keep patients in ERs for longer than 24 hours, except those who need to be isolated for public health reasons or because of a psychiatri­c episode.

Hospital managers who choose to keep patients in ERs for longer than 24 hours — rather than have them admitted to an in-patient ward — would risk losing their jobs.

The amendment does not allude specifical­ly to ER doctors, but Bill 130 would give the minister and senior administra­tors greater powers to revoke the privileges of physicians to practise in hospitals should they run afoul of the new duties imposed on them.

“As the minister clarified today, the objective is not punitive,” Julie White, Barrette’s press attaché, explained in an email.

“It’s a tool that will help reach the goal … of better co-ordination between the ERs and different (hospital) department­s. That said, it is possible that there could be consequenc­es — notably disciplina­ry ones — if this article were adopted and the law would not be respected.”

Bill 130 is Barrette’s third reform after merging health institutio­ns and compelling family doctors to take on more patients. Quebec’s medical specialist­s have threatened legal action against Bill 130 should it be adopted by the National Assembly.

Patient-rights advocate Paul Brunet, of the Conseil pour la protection des malades, argued that Barrette is tackling the ER crisis the wrong way. Instead of allocating more funds for long-term care beds, the minister is seeking to punish doctors, he said.

“Does the minister honestly think that the hospital managers and doctors want to keep patients in the emergency room on purpose,” Brunet asked. “Of course they don’t want to do that. The problem is that they can’t transfer these patients from the ER to hospital beds because 25 per cent of those beds are taken up with chronic-care patients.”

Brunet expressed concern that some hospital managers might transfer some long-term care patients to outlying nursing homes far away from their families so they could free up beds for emergency cases.

“Most of the time these institutio­ns are not adapted to the conditions of the patients and they’re far from their original community,” he added. “We’ve seen the horrors that occur when pressure is put on doctors and managers.”

Barrette announced in December that the government was spending $100 million to free up hospital beds so that ER patients could be admitted to them. Under the government plan, Quebec would create nearly 1,500 spaces in long-term care centres, which would then be able to absorb elderly patients from acute-care hospitals.

Brunet, however, urged the government to open more long-term beds to account for the province’s aging population. The problem is that the government has cut health funding in the past few years.

ER overcrowdi­ng remains a problem in many of the city’s hospitals, including at the Royal Victoria, Jewish General, Maisonneuv­e-Rosemont and Notre Dame. At the Royal Vic at the Glen site on Wednesday morning, the ER capacity soared to 130 per cent. Of that number, nine patients were receiving care in the ER for more than 24 hours.

At the Jewish General, by comparison, the ER capacity was at 102 per cent, and there were no patients languishin­g for more than 24 hours.

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