NOVEMBER 15 - 30, 2006
VOLUME 3 NO. 17

POLICY & POLITICS

Quebec's divisive response to Chaoulli

Doctors' groups rally against Bill 33,
private surgical centres


A new piece of legislation in Quebec could mean the beginning of the end for the province's medicare system — or the start of a promising future for doctors to work in private practice. It all depends on who you ask.

Bill 33, slated to be passed this fall, is the province's response to last year's Chaoulli decision — the Supreme Court ruling that found long wait times in the health system violated Quebecers' right to life. The bill was designed to speed up access to specialized medical services.

Bill 33 establishes a role for private healthcare delivery in the public system, in hopes of alleviating unacceptably long wait lists that have become the bane of the Canadian healthcare system.

EXTENSIVE REFORMS
But Bill 33 is more complex than just cutting wait times. It proposes sweeping reforms that seem destined to re-draw the province's medical landscape. Many doctors have criticized Bill 33 for going beyond what they had seen as necessary in its introduction of limited private delivery of public healthcare.

The Bill will give doctors permission to run publicly funded, privately owned, for-profit surgical centres. It will also create a wait list management system in public hospitals to determine when overflow patients must be sent to private clinics. And it will end the province's absolute ban on private medical insurance, which will now be available — albeit only for hip, knee and cataract procedures (the operations with the longest wait times) in private clinics.

NEW VENUES
The Bill will change the structure of Quebec's surgery queue with the licensing of non-hospital surgical centres for hip, knee and cataract procedures, which will have the possibility of expanding into other specialized surgeries and imaging in the future. Some of those surgical centres, called affiliated medical centres, will essentially function as 'safety valves' to accommodate patients whose wait times at public hospitals exceed predefined limits. Affiliated medical centres will be privately owned, for-profit institutions run by doctors who will be subcontracted by the province's public hospitals and who will remain part of the Régie de l'assurance maladie du Québec (RAMQ), the public insurance system. This is the change that specifically responds to the Chaoulli decision's requirement to improve accessibility to public healthcare by implementing wait time guarantees.

Other surgical centres, called specialized medical centres, will be privately owned, for-profit clinics as well — but these can be staffed only by doctors who have opted out of RAMQ and decided to provide services to patients who want to pay out of their own pockets or with private insurance.

Such privately owned, privately funded clinics are not new: Dr Nicolas Duval of Montreal was the first orthopedic surgeon to opt out of medicare in Canada in 2002, when he opened his own private surgical centre. Not surprisingly, Dr Duval favours a two-tiered healthcare system. "We need that safety net that we get with the public system, but we can make it better with private clinics as safety valves," he says. According to Dr Duval, the public system will benefit from private clinics that can alleviate some of the demand on public resources, especially when it comes to non-emergency, elective surgeries.

DOCTOR SCHISM
But not everybody shares Dr Duval's enthusiasm. Most doctors in Quebec oppose Bill 33, according to Dr Simon Turcotte, the spokesperson for the recently established Médecins pour l'accès à la santé (Doctors for healthcare access), an alliance of Quebec doctors who oppose the expansion of the role of private enterprise in healthcare.

Every Quebec medical association is against Bill 33, says Dr Turcotte. "The Bill doesn't fit the reality of how we deliver care, what we offer and in what ways. We're stunned by it."

The Bill, he adds, is devoid of creative thinking and doesn't address the underlying problem that prompted Dr Chaoulli's landmark case: an inefficient and outmoded public hospital system that has not adapted to keep up with demand and to incorporate contemporary practice methods. Instead of seeking to fix the public hospital system, Bill 33 will simply identify at which point that system falters and send the overflow to a private clinic. Rather than subcontracting that work out to the private sector, hospitals should adjust their own resources to fund publicly owned ambulatory clinics, suggests Dr Turcotte.

One concern among doctors is that expanding the private sector's role in the delivery of healthcare could lead to increased administrative costs and further staffing shortages by potentially splitting specialists between the separate public and private systems. That, in turn, it is feared, could put poorer patients at risk.

"In other countries with parallel systems, they drained the public system to provide more care in the private system," Dr Turcotte notes. "It will result in deteriorating access for the majority who cannot afford private insurance."

WARNING TO OTHERS
The government has left the door open for expanding the role of the proposed private surgical centres. This could make going solo more attractive for doctors in the future, surmises Antonia Maioni, Director of the McGill Institute for the Study of Canada.

Other provinces, says Dr Turcotte, should see Bill 33's drastic reforms as a warning to improve their public hospital systems.

 

 

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