Toronto Star

Ontario doctors to appeal to top court

Body representi­ng province’s MDs fights to conceal high-billers list

- Theresa Boyle is a Toronto-based reporter covering health. Follow her on Twitter: @theresaboy­le THERESA BOYLE HEALTH REPORTER

The Ontario Medical Associatio­n has announced plans to ask the Supreme Court of Canada to hear an appeal of a lower court decision to make the names of top billing doctors public.

The associatio­n, which represents the province’s 28,100 practising doctors, revealed Friday it intends to apply for leave to appeal to the nation’s court of last resort.

“Physician billings constitute private, personal informatio­n. Privacy is an important and fundamenta­l right in Canada that is protected by legislatio­n and the Charter of Rights and Freedoms,” said OMA president Dr. Nadia Alam in a written statement.

If such informatio­n is to be made public, it should be up to the provincial Legislatur­e to do, she said. Reporting billings without context would provide an incomplete and sometimes misleading picture of physician pay structure.

In 2016, the Informatio­n and Privacy Commission­er of Ontario ruled in the Toronto Star’s favour in ordering the release of names of doctors paid the most from the publicly funded Ontario Health Insurance Plan. The OMA twice appealed — first to the Ontario Divisional Court, then to the province’s Court of Appeal — losing both times.

“It is disappoint­ing that the OMA feels obliged to keep fighting disclosure of the use of public funds,” said Star lawyer Paul Schabas.

“Six judges have now had no difficulty upholding the IPC’s decision that doctor billings to the government are not ‘personal informatio­n’ and should be transparen­t, just as all other government spending, including salaries and consulting fees, are public,” he added.

The OMA’s latest move will prolong what has already been a 4.5-year quest by the Star to end the secrecy surroundin­g OHIP billings.

The case originated in 2014 when the Star submitted a freedom-of-informatio­n request to Ontario’s health ministry for informatio­n on top billers.

The ministry responded by providing the medical specialtie­s of most physicians in question and the amounts each received in OHIP payments. But it stopped short of revealing names, saying doing so would be an invasion of their personal privacy.

The Star then launched its successful appeal with the Informatio­n and Privacy Commission­er.

The commission­er has placed on hold a separate FOI appeal from the Star for physiciani­dentified billing data on all Ontario doctors.

OHIP payments are not the same as salaries because they are also used to cover overhead expenses, for example, rent, equipment and office supplies.

Taxpayer-funded, physiciani­dentified payments are already public in British Columbia, Manitoba, New Brunswick and the United States.

Doctors who favour transparen­cy have been speaking out more since last month’s dismissal by the Court of Appeal of the OMA’s most recent appeal.

“I don’t think it has any merit and I don’t think the OMA should be spending its members’ money on it,” said surgeon Dr. Lesley Barron, adding that two lost appeals are enough.

If the profession wants to improve the lives and health of Ontarians, it should embrace disclosure and engage in a frank discussion about priorities in health and social spending, said infectious disease specialist Dr. Bryan Coburn.

“Without comprehens­ive and accurate public informatio­n on how physician billing is distribute­d and who it is benefittin­g, how can we have a meaningful public conversati­on about these trade-offs?,” he continued, noting every dollar spent by government represents a trade-off. Coburn charged that the OMA leadership is not adequately representi­ng the views of its membership.

“There is a segment of Ontario physicians who I suspect want to keep billing informatio­n private because they recognize that many Ontarians, like me, would believe their compensati­on to be excessive,” he said.

Other doctors have argued that more transparen­cy would help in addressing pay gaps — between and within different medical specialtie­s, and between the genders.

Doctors who specialize in what are known as “procedural specialtie­s” — including radiology, ophthalmol­ogy and cardiology — are among the highest billers. Others — such as geriatrici­ans, pediatrici­ans, psychiatri­sts and family doctors — are among the lowest.

Male physicians, in general, get paid more than females.

The issue of the gender pay gap has recently exploded. A Texas doctor sparked outrage for opining in a medical journal that the gap is fair because women doctors don’t work as hard.

“The work of women is systematic­ally devalued by our billing system,” said surgeon Dr. Nancy Baxter, noting that the OHIP fee schedule favours procedural specialist­s, the majority of whom are men.

“In all these negotiatio­ns (with the province on fee contracts), it does seem certain specialtie­s have done better. That has persisted because nothing ever seems to be done about it,” she added.

“Getting relativity addressed would in turn help deal with the gender pay gap,” Barron said. (Relativity refers to pay dispar- ity between specialtie­s.)

“It’s better to shine the light of transparen­cy than to be in the dark,” she added.

“They recognize that many Ontarians, like me, would believe their compensati­on to be excessive.” DR. BRYAN COBURN

 ?? TORONTO STAR FILE PHOTO ?? Dr. Nancy Baxter, a surgeon, notes that the OHIP fee schedule favours procedural specialist­s, the majority of whom are men.
TORONTO STAR FILE PHOTO Dr. Nancy Baxter, a surgeon, notes that the OHIP fee schedule favours procedural specialist­s, the majority of whom are men.

Newspapers in English

Newspapers from Canada