23 Nov 2012

HEENAN BLAIKIE Labour Law Partner B. BURKETT

OMA negotiation led by Heenan Blaikie Toronto office Labour Law Partner B. BURKETT.
(Heenan Blaikie:offices in Canada;(9), Paris & Singapore.)

Established that OMA has`EXCLUSIVE REPRESENTATION RIGHTS for Ontario's MDs.
 
Canadian Supreme Court in 1991 (WILSON SCCJ.) applied the 1946 RAND Formula ( RAND SCCJ)
in Lavigne (Borden & Elliott) v. Ont. Public Service Employees Union (Gowlings) [1991] 2.S.C.2

26,899 Ontario MDs are to vote on Physician Services Agreement.(OHIP yearly cost = $10-BILLION =
$333,000/MD which includes MD fees + cost of investigations.)

Main points:
0.5% CUT in MEDICAL FEES..

STOP MD SENIORITY PAYMENTS

Reform CPSO COMPLAINT process: at present ANYONE, ANYWHERE in the WORLD can complain about an Ontario MD. The CPSO has to investigate even if the complaint is not about a medical matter.

MDs could apply for Govt funding for PHYSICIAN ASSISTANTS as well as NURSE PRACTITIONERS.

DELISTING ,( can be billed PRIVATELY) ,of ARTHROSCOPIC LAVAGE & INTRARTICULAR HYALURONIC ACID.

"REFLEXIVE TESTING" translated means  that the CLINICAL PATHOLOGIST can determine what tests are indicated for the stated diagnosis(es). See College of American Pathologists policy.in "CAP" Journal.
USA Pathologists point out waste of time/money in doing tests selected at random.by MDs with limited
knowledge of Clinical Pathology.

("MEDICAL NECESSITY" still NOT DEFINED after 43 years.)