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Doctors group accuses province of intimidation
MDs suspected of overbilling OHIP Auditing process called extortion

THERESA BOYLE
QUEEN'S PARK BUREAU
TORONTO STAR


The provincial government has "extorted" $25 million from Ontario doctors wrongly accused of overbilling the public health insurance plan, an association representing family physicians alleges.

"Ontario's physicians are being demoralized and victimized by a government-sponsored intimidation and extortion process labelled an audit mechanism," Tracey Tremayne-Lloyd, a lawyer representing the Coalition of Family Physicians of Ontario, told a news conference yesterday.

The coalition claims the province since 1998 has been enforcing a provision under the Health Insurance Act that allows it to go after doctors alleged to have overbilled OHIP.

The coalition charges that there is no presumption of innocence in the proceedings because doctors are required to pay back any alleged overbillings even before they can appeal their cases. As well, doctors can also be forced to repay retroactive interest on amounts owing and be forced to pick up the cost of government investigations.

Some 400 physicians have been forced to pay back some $25million in alleged overbillings since 1998, Tremayne-Lloyd said.

"They are suffering from anxiety, humiliation and depression," said Dr. Douglas Mark, president of the coalition.

Patients suffer as a result, he said, because doctors are choosing to curtail their practices rather than leave themselves vulnerable to audits.

"Most have altered their practices in ways that are not at all beneficial for their patients," he said, referring to the 400 doctors who have already been subject to investigations and fear the government will target them again.

"Some have quit medicine altogether."

Health Minister Tony Clement yesterday defended the practice, arguing it's the government's duty to ensure that taxpayer dollars are properly spent.

"I don't think we make any apologies on behalf of taxpayers to review the accounts of medical professionals who are billing the system. I think it's part of our responsibility to citizens to make sure that ... overbilling is not taking place," he said.

Clement said most of the doctors in question are being investigated by a committee of the College of Physicians and Surgeons of Ontario rather than a special OPP health fraud squad because it's believed their overbillings are a result of administrative error, not criminal intent.

"In many cases, there might be some confusion about billing codes and some things that don't have a ... motive, so overbilling has occurred. ... It's simply an act of omission rather than commission," he said.

Dr. Cesar Garcia-Pan, a Toronto family physician, received a bill for $30,000 from the province earlier this year, along with an allegation he had overbilled OHIP that much.

He said his practice was flagged because of the high volume of patients he sees.

But he explained his patient caseload is high because he works up to 14 hours a day, tending to many non-English speaking patients.

"I'm busy. I speak four languages ... Spanish, Portuguese, Italian and English," he said.

"You feel disbelief and guilt."

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Last modified: October 16, 2002