Despite Health Act rules against user fees, enforcement issues remain

Quebec's health minister says the federal government is holding back against other provinces

Despite Health Act rules against user fees, enforcement issues remain
The Canada Health Act’s provisions against user fees and extra billing might be clear, but Quebec’s health minister says its enforcement is muddled.

The federal government has returned nearly $10 million it withheld two years ago from Quebec for allowing health providers to charge extra fees to patients. The province has since decided to ban such user charges, but Quebec Health Minister Gaétan Barrette insists that the province didn’t do anything wrong in the first place, according to CBC News.

“We did things that were within CHA. And I think [the federal government’s reimbursement] simply reflects the fact that they agree with us on that,” he told the news outlet.

In an official statement, however, Federal Health Minister Ginette Petitpas Taylor said the repayment was granted because her department was satisfied at Quebec’s decision to comply with the law.

“We are pleased with Quebec's decision to ban user charges, and note the actions of the government of Quebec to ensure Quebecers have access to health care based on need, and not ability or willingness to pay,” she said.

A statement from Petitpas Taylor's office said that while the legislation against user fees is clear, the enforcement mechanisms were weak. It noted that provinces are expected to inform the federal government about user fees, and there is no incentive for them to provide accurate reporting or tackle the issue proactively.

Aside from the weak mechanisms, Barrette said enforcement is weak because of the government turning a blind eye to user fees charged in other provinces. He noted the case of Saskatchewan, where MRI test clinics are allowed to charge fees as long as they also scan another patient on the public waiting list for free.

“They are letting it go,” he said. “It's been a year now since they said they would look at it to see if it impedes significantly, or even marginally, access. Cleary it doesn't. But clearly also it is not within the CHA.”

In August, Former Federal Health Minister Jane Philpott also agreed to audit three clinics in British Columbia to see how much of a barrier extra billing and user fees posed to patients attempting to access healthcare services.

“This is the federal government, this is the institution that has to uphold the law and they are holding back,” Barrette said.

However, he said he does not blame other provinces for allowing user fees, citing rising healthcare costs and inadequate support from the federal government under the latest health accord.


Related stories:
Does the Canada Health Act need to be made clearer?
Quebec health minister’s user fee abolition to kick in on Jan. 26

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