Private vs. public: B.C. case could reshape medicare
TheGlobeandMail.com – Opinion
Sep. 06, 2016. ANDRÉ PICARD – Public Health Reporter
It has been called the greatest threat to medicare in a generation and perhaps the most important constitutional challenge ever.
Beyond the political and legal hyperbole, however, the case pitting Cambie Surgeries Corp. against B.C.’s provincial health-care service – which begins Tuesday in B.C. Supreme Court – boils down to a seemingly simple question: Should patients be able to pay for care in private clinics if they can’t get timely care in the public system? (Or, conversely, should government be able to ban the commercialization of “medically necessary” care because it believes doing so serves the greater public good?)
Dr. Brian Day, the Vancouver orthopedic surgeon and co-owner of the Cambie Clinic who has become the public face of private health care in Canada, is trying to achieve two thing with his constitutional challenge of the Medicare Protection Act: Strike down the ban on the sale of private insurance for “medically necessary” care (meaning hospital and physician services), and quash the law that says physicians cannot practise simultaneously in the public and private systems.
It has to be said up front that Dr. Day has a strong case. Back in 2005, the Supreme Court of Canada ruled on a similar matter (known widely as the Chaoulli case), striking down the ban on the sale of private insurance for medically necessary care. But there were two important catches: 1) The case was fought using the Quebec Charter of Human Rights, so it applied only to Quebec, and 2) the court said the prohibition on private insurance could be justified if waits were not unreasonable.
While the Chaoulli ruling was groundbreaking, it did not throw the doors open to private care in Quebec, as many predicted. Insurers did not offer insurance for “medically necessary” care because there is essentially no market for the product. But there has been a steady growth in private clinics in the provinces, with many patients paying out-of-pocket for services.
So, while the Day case has potentially broad repercussions – because six provinces currently ban the sale of private insurance and, in several provinces, physicians must opt out of medicare if they want to sell their services privately – it’s a bit too early to declare the death of medicare.
What the case will do, however, is expose many of the absurdities and contradictions in the way we fund and regulate health care.
For example, the court will hear the surreal story of a B.C. teacher who injured both his knees, one on the school playground, and the other while skiing on the weekend. Surgery was performed promptly on one knee because it was a workplace injury and workers’ compensation pays for private care. But the teacher had to wait much longer for surgery on the other knee because it was repaired in the public system.
The court will also hear the tragic story of Walid Khalfallah, a teen who faced a 27-month wait for scoliosis surgery in B.C.; his family opted for surgery in the United States and the young man ended up with paraplegia. Despite his treatment in the United States, the long wait for surgery was blamed for the outcome.
While both the provincial and federal governments are fighting to maintain the ban on private access to medically necessary care, ironically (or perhaps hypocritically is a better word), most of the surgery done at private clinics is contracted by public-sector institutions such as WorkSafeBC, the Canadian Armed Forces, the RCMP, Indigenous and Northern Affairs and Correctional Service Canada.
Dr. Day says his ultimate goal is to push Canada to have a “hybrid system” of public and private care, as is the norm in most European countries.
The reality is that Canada already has a hybrid system, with 70 per cent of care publicly funded and 30 per cent privately funded. What makes this country unique, however, is it is the only one that bans private insurance for hospital and physician care but, at the same time, makes most patients depend on private insurance for prescription drugs, dental care and long-term care.
Simply stated, we have an outdated definition of what is “medically necessary” and a wrong-headed view that universal health care can only be delivered with a 100-per-cent public insurance model.
Dr. Day’s legal challenge, if nothing else, is going to force us to address these issues. Allowing some private provision of care and broader use of private insurance does not mean the death of medicare.
On the contrary, if the proper regulatory safeguards are put in place, and public health dollars deployed for a wider range of services (as in most European countries), we should emerge with a medicare system that is more universal and more fair.
< http://www.theglobeandmail.com/opinion/private-vs-public-bc-case-could-reshape-medicare/article31697218/ >
Tags: budget, disabilities, featured, Health, ideology, privatization, rights, standard of living, tax
This entry was posted on Tuesday, September 6th, 2016 at 11:00 am and is filed under Health Policy Context. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.
335 Responses to “Private vs. public: B.C. case could reshape medicare”
« Older Comments | Newer Comments »
Leave a Reply
Recent Comments
Developing a framework is important.
The game balances creative freedom with short musical tasks. 7095cd67.
This is a great blog. Thank you for the very informative post.
Hello.This article was extremely interesting, particularly since I was searching for thoughts on this subject last couple of days.
The game is free, fan-made, and does not include any paid items. d66fa5c5.
How long does it take you to write an article like this?
This blog post is excellent, probably because of how well the subject was developed. I like some of the comments too.
If you don’t mind, where do you host your weblog? I am looking for a very good web host and your webpage seams to be extremely fast and up most the time…
Dude.. I am not much into reading, but somehow I got to read lots of articles on your blog. Its amazing how interesting it is for me to visit you very often. –
nicee content keep writing
I enjoy your blog posts, saved to my bookmarks!
Great info! Keep post great articles.
Abnormal this put up is totaly unrelated to what I was searching google for, but it surely used to be listed at the first page. I suppose your doing one thing proper if Google likes you adequate to place you at the first page of a non similar search.
Our family had similar issues, thanks.
I dont think Ive caught all the angles of this subject the way youve pointed them out. Youre a true star, a rock star man. Youve got so much to say and know so much about the subject that I think you should just teach a class about it
Lovely just what I was looking for. Thanks to the author for taking his clock time on this one.
Hi, do have a e-newsletter? In the event you don’t definately should get on that piece…this web site is pure gold!
Pretty impressive article. I just stumbled upon your site and wanted to say that I have really enjoyed reading your opinions. Any way I’ll be coming back and I hope you post again soon.
Great write-up, I am a big believer in placing comments on sites to inform the blog writers know that they’ve added something advantageous to the world wide web!
The clarity in your post is just nice and I can tell you are an expert in the subject matter.