Private medical clinics win injunction against B.C. law that banned them

VANCOUVER (NEWS 1130) – A B.C. Supreme Court judge has allowed private clinics in the province to continue to charge for medically necessary services, for now. This is after the provincial government tried to ban private-pay charges for certain medical procedures.

But a judge has ruled against the ban, giving private clinics a temporary injunction. Earlier this year the government announced that starting in October, doctors who charged for medically necessary procedures would face fines of $10,000 for a first offence, and $20,000 for a second infraction.

RELATED: Doctors billing patients for private services to face fines in B.C.

Health Minister Adrian Dix says he’s disappointed but adds the provincial government will continue to protect the public system.

“We’re going to deliver the highest quality level of care and that’s my goal,” Dix says. “And there are challenges in that, there are significantly more people over 75 this year than last.”

Dix pointed some of the blame at the previous Liberal Government, “We inherited some real challenges in the Health Care system and already we’re taking action to find people family doctors, and increase surgeries, and reduce wait times, and to provide better senior’s care, to provide better access to pharmaceuticals.”

The decision would allow private clinics to continue to charge for services until the trial takes place next June or until a court rules otherwise.

RELATED: B.C. surgeons can do private procedures until end of October

Private doctors argued patients could suffer by having to wait for basic procedures via public health care.

“I’m a very patient person about court cases, I’m quite impatient though about improving patient care in B.C. That’s why we proceded so vigorously to take action,” Dix says.

Charging patients for publicly paid health services is prohibited under the Canada Health Act and British Columbia’s Medicare Protection Act. Because of violations to the Act, Dix says the federal government withheld health transfer payments to B.C.

“British Columbia was fined $16-million, which means British Columbians were fined $16-million,” Dix told NEWS 1130. “Audits found that much extra billing by private providers and the people who paid the price for that, the extra billing, were not just those who were extra-billed, but all of the patients of B.C.”

Current rules under the Canada Health Act still in play

As for next steps, Minister of Health Adrian Dix is offering assurances existing rules under the Canada Health Act will continue to be strictly enforced.

He says the extra money billed by private providers didn’t just affect the patients who received them, but it’s also a cost that is being footed by B.C. taxpayer dollars.

“It has never been allowed to extra bill and the reason British Columbia was fined $16-million,” he said. “Audits found that much extra billing by private providers and the people who paid the price for that, the extra billing, were not just those who were extra-billed, but all of the patients of B.C.

“My job is to defend all of the patients in B.C. and that’s what I’m going to continue to do.”

-With files from The Canadian Press and Marcella Bernardo