7 Feb 2013

PRIVATE MEDICINE in SWEDEN

From the UK GUARDIAN

The UK centre right has looked on enviously as Sweden has privatised much of its health service in recent years
St Göran hospital in Stockholm
St Göran in Stockholm is Sweden's largest privately run hospital. Photograph: Rob Schoenbaum
On Kungsholmen, one of the islands on which the Swedish capital Stockholm is built, stands what some consider to be the future of National Health Service under David Cameron: St Göran, a six-storey redbrick hospital that makes profits from the state by treating patients.
Emblazoned with the name of its corporate manager, Capio – rather than the Swedish state, which constructed it – the hospital has for a decade been the mascot of pro-market Scandinavian policies that are widely admired by the coalition in Westminster.
Despite its reputation as a leftwing utopia, Sweden is now a laboratory for rightwing radicalism. Over the past 15 years a coalition of liberals and conservatives has brought in for-profit free schools in education, has sliced welfare to pay off the deficit and has privatised large parts of the health service.
Their success is envied by the centre right in Britain. Despite predictions of doom, Sweden's economy continues to grow and its pro-business coalition has remained in power since 2006. The last election was the first time since the war that a centre-right government had been re-elected after serving a full term.
As the state has been shrunk, the private sector has moved in. Göran Dahlgren, a former head civil servant at the Swedish department of health and a visiting professor at the University of Liverpool, says that "almost all welfare services are now owned by private equity firms".
Thanks in part to the outsourcing of the state, Sweden's private equity industry has grown into the largest in Europe relative to the size of its economy, with deals worth almost £3bn agreed last year. The key to this takeover was allowing private firms to enter the healthcare market, introducing competition into what had been one of the world's most "socialised" medical systems.
Business-backed medical chains have sprung up: patients can see a GP in a centre owned by Capio, be sent to a physician in the community employed by Capio, and if their medical condition is serious enough end up being treated by a consultant in a hospital bed in St Göran, run by Capio. For every visit Capio, owned by venture capitalists based in London and Stockholm, is paid with Swedish taxpayers' cash.
The company's Swedish operation now has 4,500 employees, with a turnover of about £500m. Westminster wonks have monitored Capio's success closely ever since St Göran was allowed to be taken over in 2000. There are now six private hospitals funded by the taxpayer in Sweden, about 8% of the total.
In Britain the coalition has mimicked this approach. Circle, backed by private equity firms, runs Hinchingbrooke hospital in Cambridge. Serco, a FTSE 100 company, is eyeing the George Eliot hospital in Nuneaton, and two hospitals may be privatised in south London as a result of bankruptcy.
Dahlgren says: "The difference between Sweden and England is that privatisation of a hospital was only considered when you had big financial problems. St Göran was considered one of the best when it was sold."
Capio's executives dispute that they have simply "made the best better". They say they focus on improving standards, arguing that only by attracting more patients and managing costs can they make money from healthcare.
During an hour-long presentation to the Guardian, St Göran's chief executive, Britta Wallgren, says the 310-bed hospital, serving 430,000 people, outperforms state-owned rivals inside and outside the country.
She says emergency patients see a doctor within half an hour, compared with A&E waits of up to four hours in the NHS. "We took an A&E department that dealt with 35,000 patients a year and now treats 75,000," Wallgren says. "As admissions grow and we have an increasingly elderly population so must our performance improve."
Capio stresses that St Göran has low levels of hospital-acquired infections, and patient surveys record high levels of public satisfaction. It has also produced year-on-year productivity gains – something the state cannot match. Thomas Berglund, Capio's president, says the "profit motive works in healthcare" and companies run on "capitalism, not altruism".
He adds: "We have just won the right to run the hospital again and will have to reduce costs by 120m Swedish krona [£11.2m] over 10 years. That's our profit gone unless we keep reducing costs here."
At the busy entrance to the hospital, Swedish patients appear resigned to the end of state ownership in health, once a cornerstone of the country's generous welfare system.
"I am one of those Swedes who do not agree that private hospitals should exist," says Christina Rigert, 62, who used to work as an administrator in the hospital but resigned "on principle" when it was privatised a decade ago.
Now back as a patient after gastric band surgery, she says: "The experience was very good. I had no complaints. There's less waiting than other hospitals. I still do not think there should be private hospitals in Sweden but it's happening."
Since 2010 private companies have had the right to set up large GP-style services anywhere in the country – and to be paid for it out of taxpayers' money. Corporates have set up 200 healthcare centres in two years, although critics point out that the majority have been in wealthier urban areas.
Dahlgren says that inequalities are growing, adding that the law is "fundamentally antidemocratic". Sweden, he explains, has a long history of local governments deciding where GPs should be sited to ensure poor or rural areas do not lose out.
"The local councils can now neither determine the number of for-profit providers to be financed by taxes nor where these tax-financed services are to be located," he says. "This is determined by the private providers on the basis of profitability rather than the health need for these tax-financed services. It is remarkably antidemocratic."
There are distinct differences between Sweden and Britain. Swedish political culture is much more consensual than in Britain, and strongly centred on people choosing where to get healthcare.
Leftwing governments in Sweden, who ran the country for 65 of the last 80 years, promoted patient choice between state-owned hospitals. The real shock was when centre-right governments argued in the 1990s that for patient choice to work, competition and privatisation in healthcare were needed.
The Social Democrats, the main Swedish opposition party, have given up the idea of renationalising the health service and instead argue that profits should be capped and quality of care more tightly regulated. With hardline opposition to private healthcare limited to the far-left parties, Swedes are likely to see more changes.
In Stockholm, more than 500 beds are being removed from the country's best known health centre, the Karolinska University hospital, and the services are being moved into the community to be run by private companies, a policy that in England would almost certainly lead to demonstrations.
Pro-marketeers argue that companies can improve patient experience at a reduced cost, and expand provision at a time when the state cannot afford to do so. This view was challenged last year when a business-backed research institute, the Centre for Business and Policy Studies, looked at the privatisation of public services in Sweden and concluded that the policy had made no difference to the services' productivity. The academic author of the report, who stood by the findings, resigned after a public row.
There have also been scandals involving claims of shocking treatment of some patients. Last year Stockholm county council, which controls healthcare for a fifth of the Swedish population, withdrew contracts from a private company after staff in a hospital were allegedly told to weigh elderly patients' incontinence pants to see if they were full or could be used for longer.
Stig Nyman, a Christian Democrat member of the council instrumental in ushering in a pro-market health policy for 20 years, says he still believes private business is necessary.
Over coffee and biscuits in his modern office amid the 19th-century neoclassical columns of the council building, Nyman dismisses the allegations of mistreatment. "We have hundreds of contracts with private firms. In this case journalists found five or six mistakes. It's not a big deal.
"In healthcare, companies drive up standards. We pay 5,000 Swedish krona [£465] a patient on average. We force people to compete on the quality of service and treatment."
Perhaps most damaging for private investors drawn by the potential profits to be made from the state has been the probing of their affairs by tax inspectors. The industry has been under scrutiny since 2007, when a spate of high-profile deals, including the buyout of Capio, led to investigations into financiers.
The charge is that private equity firms siphon profits out of the state's coffers while avoiding their fair share of taxes. Berglund, of Capio, says: "It is always thrown about that we are not paying taxes but it is not true."
Swedish tax authorities are, however, taking some companies to court because pay in private equity groups is often linked to the profits made on deals and has been incorrectly taxed for years, it is said, at rates lower than that required for income in Sweden.
Earlier this month one of Capio's owners, a private equity firm called Nordic Capital, lost a court case against the Swedish tax agency, leaving it with a bill of 672m Swedish krona [£63m]. The authorities, it is reported, will also slap a tax bill collectively of 2.6bn krona on another 34 individuals.
"There has been a strong reaction in Sweden. These people have been paying themselves enormous sums of money," says Dahlgren. "It should be a worry for every health system where you have competition and private firms arriving."

27 Jan 2013

CLINICAL EFFICIENCY v. RESEARCH.

from the BLOGGER.

Clinical research is valuable for the future.It provides glory, grant cash, personal perks and free trips to International conferences.

For the patient it is important to know whether one is an experimental Homo sapiens in a Trial

The patient wants BESPOKE medicine. Perfectly fitted to personal measurements.

This causes a conflict of interest especially in hospitals were docs are on salary and also where tenure depends on publication.

The best for a patient is a PRIVATE hospital whose function is not research but investigation and treatment.,
e.g King Edward VII--Sister Agnes in London, the UK Royal family's favorite, Or the PRIVATE section of a Teaching hospital.,e.g. Lindo wing of St Mary's ,Paddington.

The ideal is a SWISS hospital;clean, efficient, precise, and safe.

The USA Rochester Mayo is well-meaning but lacks investigational clinical precision
The laboratory postal service is excellent.

Toronto Princess Margaret hospital which houses the Ontario Cancer Research Institute attracts lots of Donor money for  furniture and fittings. Clinic organisation is pre-computer age. Important appointments overlap. Waiting time is in hours as appointments are block booked. There is no private wing. For the self-employed, visits are expensive as a full half-day must be allotted for a  15 min. visit.

More time efficient & comfortable is to travel by train or plane ( Toronto island airport ) to a PRIVATE hospital in Montreal e.g. ROCKLAND MD.

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's.




26 Jan 2013

OTTAWA: Francophone MONTFORT HOSPITAL



        

Founding of the Hospital
In 1953, the Francophone community of Eastview (Vanier), the Monfortain Fathers, the religious order of the Daughters of Wisdom and leaders of the Association canadienne-française d’éducation de l’Ontario joined forces to create Hôpital Montfort.

In adopting a community-based approach with an emphasis on family medicine, Montfort quickly became the hospital of choice for Francophones throughout the region. Though Montfort has always been an active participant in various teaching endeavours, the official agreement with the University of Ottawa relating to clinical teaching in French was actually signed in 1992.

This agreement transformed Montfort into a true teaching hospital and led to the creation of the Deneault-Beaulieu Training Unit in Family Medicine in 1994. This Unit was named in honour of Dr. Jocelyn Deneault, Montfort’s Chief of Staff, and Dr. Maurice Beaulieu, Assistant Dean of the Faculty of Medicine at the University of Ottawa at the time, both of whom played a crucial role in establishing a partnership between these two institutions.

The Montfort Crisis
On February 24, 1997, like a bolt out of the blue, Montfort was hit by the worst possible news. With no justification whatsoever, the Ontario Health Services Restructuring Commission, established by Mike Harris, premier of Ontario and his Conservative government, recommended closing Montfort, the only Francophone teaching hospital in Ontario and the only one in the entire country west of Quebec.

The reaction of the Francophone community was instant. The historic battle was on, spearheaded by Gérald Savoie, President and CEO of the hospital, Michelle de Courville Nicol, then Chair of its Board of Trustees and Gisèle Lalonde, former mayor of the City of Vanier who became President of the newly-minted SOS Montfort movement. Its battle cry: "Close Montfort? Never!" stunned Ontarians and rallied the Francophone population like never before.

After a series of massive demonstrations and extensive news coverage, the case was first heard in the Ontario Divisional Court where Montfort won on the basis of the fundamental unwritten principle guaranteed in the Constitution, the protection of linguistic minorities. Montfort’s victory is due, in large measure, to the argument presented by the sociologist Roger Bernard, who maintained that closing the hospital would promote the assimilation of Franco-Ontarians.

The legal implications of this ruling were monumental. Though the government appealed the decision, the Court of Appeal of Ontario not only ruled in Montfort’s favour but reinforced this historic ruling. ((10.1.2)). On December 7, 2001, Montfort’s stunning victory was complete.

A New Era
In July 2005, the Liberal government of Ontario, led by Dalton McGuinty, announced that Montfort would receive more than $171.5 million for a major expansion project New Montfort. Thanks to this investment, Montfort would become a world-class facility offering the best practices and the most advanced technology in the field of healthcare.

The CANADIAN FORCES USE FOUR FLOORS.

POLITICAL MYTH: OHIP pays for MEDICAL NECESSITY

EYE EXAMINATIONS from age 20-64 (usually $80) NOT PAID by OHIP unless patient has eye disease.or diabetes.

ZOSTER VACCINE ($200) NOT COVERED BY PROVINCIAL INSURANCE (OHIP)

BUPRENORPHINE patch ($75 month) not paid by OHIP.

PSA SCREENING not paid by OHIP.

DENTAL TREATMENT not paid by OHIP.

PHYSIOTHERAPY not paid by OHIP

PHARMACEUTICS paid in Hospital. Social welfare patients and theOver-65s have some drug coverage.
Majority do not have Govt. drug coverage. UNIONS & GOVERNMENT DEPARTMENTS provide extensive drug benefits.

PRIVATE HOSPITAL ROOMS hard to find.

Canadian Law does not allow world-wide IHI(Denmark)-Bupa (UK) insurance company.to offer Canadians
coverage.

Secret of Medical coverage in Canada is to work for GOVERNMENT: Federal,Provincial,Municipal, being a UNION member or work for a major CORPORATION.  Individual private inzsurance gives limited protection. Doctors have been repremanded by the "College" of Physicians and Surgeons for telling a` patient about a NON-OHIP paid investigation. Many lab tests  are not covered by OHIP.

FRANCOPHONE OTTAWA MONTFORT Hospital has four floors reserved for the CANADIAN FORCES and Federal MPs.
















23 Jan 2013

Ontario:Medicine a la carte.

Ontario Government reduces`fee for General assessment to $50.This allows for about 25 minutes.

Patients who subscribe to private MEDISYS Health Group & CLEVELAND CLINIC CANADA at about $3,000 a a year will get a FIVE HOUR yearly General assessment.

The fiction of equal medicine for all  in Ontario is now obvious..

Officially Private medicine is not allowed in Ontario. The private clinics use a legal loop-hole by naming them
WELLNESS CLINICS.




22 Jan 2013

"APOTEX" Dr.B.S.SHERMAN BSc(Eng. U.Tor) PhD (MIT) loses case

From McCARTHY TETRAULT LLP


Published by the IP Litigation Group
McCarthy Tétrault 2013
January
22


Ontario Court Grants Summary Judgment Dismissing Apotex’s Claim for Unjust Enrichment
by: Fiona Legere, Steven Mason and Brooke MacKenzie

On January 15, 2013, the Honourable Justice Quigley of the Ontario Superior Court granted summary judgment to Abbott and Takeda, denying Apotex’s claim for disgorgement of profits on the basis of unjust enrichment.
The case involved a claim for damages arising from Abbott’s invocation of the Patented Medicines (Notice of Compliance) Regulations. The PM (NOC) proceedings were ultimately discontinued by Abbott and Apotex thereafter brought an action, in the Ontario Court, for (a) damages under section 8 of the
PM (NOC) Regulations; and (b) disgorgement of Abbott’s profits on the basis of unjust enrichment.
In the Federal Court, generic drug manufacturers have been limited to their own lost profits as a remedy for any alleged delay arising from the invocation of the PM (NOC) Regulations.  Most recently, the Federal Court of Appeal in Apotex Inc. v. Eli Lilly Canada Inc., 2011 FCA 358, struck out a claim by Apotex for a disgorgement remedy.
The Ontario Court initially took a more circumscribed view and refused to strike out claims brought by generic’s for disgorgement. In lengthy reasons for decision, Justice Quigley granted Abbott’s motion for summary judgment, providing three independent bases to support his decision:
  1. Apotex could not rely on equitable rights for additional remedies not provided for in the PM (NOC) Regulations. The PM (NOC) Regulations provide a "complete code" for compensation, which ousts common law rights that might have operated but for the statutory scheme. Parliament expressed its intention to eliminate any claim to unjust enrichment with "irresistible clearness".
  2. Apotex could not meet the tripartite test for unjust enrichment because the operation of the
    PM (NOC) Regulations constitutes a juristic reason for any alleged enrichment.
  3. Apotex could not meet the tripartite test for unjust enrichment because the September 2008 settlement agreement between the parties constitutes a juristic reason for any alleged enrichment.
The Court held that the key issue in dispute was a question of law, and a comprehensive documentary record permitted the Court to make any necessary findings. The Court agreed with Abbott that this was precisely the kind of case that can and ought to be resolved by summary judgment, on the basis of the "full appreciation test" articulated in the Ontario Court of Appeal’s decision in Combined Air Mechanical Services Inc. v. Flesch.
The decision is an important win for innovator pharmaceutical companies in Canada because it forecloses claims for disgorgement of an innovator’s profits merely because an innovator unsuccessfully invoked the PM (NOC) Regulations. Justice Quigley’s reasons make clear that no such claim lies in unjust enrichment where innovators avail themselves of the procedures provided for under the PM (NOC) Regulations
Importantly, the law in Ontario is also now consistent with Federal Court jurisprudence.  Although Apotex argued that the Ontario Court was not bound by and should not follow the Federal Court jurisprudence, the Court held that there were strong reasons to do so. Indeed, the Court admonished Apotex for "seek[ing] to circumvent determinations that have already been made by the Federal Court" which could "leave itself open to an allegation that it is engaging in forum shopping".
A copy of the decision can be viewed here.

21 Jan 2013

"ALL IN THE FAMIGLIA"

from TORONTO STAR

ORNGE paid $436,000 to top doctor to advise Chris Mazza

Published on Monday January 21, 2013

University of Toronto Tom Stewart MD OTTAWA 1988 FRCPC (Int.Med) received $436,000 from ORNGE, and the company would like to know what he did to earn it.
Kevin Donovan
Staff Reporter
70 Comments
Mt. Sinai Hospital’s top doctor received $436,000 over seven years from ORNGE to advise founder Chris Mazza on medical issues — work that the air ambulance firm’s new managers cannot confirm was performed.
The additional payments to Dr. Tom Stewart — who earns about $607,000 in annual salary and benefits as Mt. Sinai’s physician-in-chief — were not disclosed on the provincial sunshine list that tracks how public dollars are spent.
Stewart’s $75,000-per-year consulting contract at ORNGE is similar to a contract of up to $400,000 annually that Mazza himself had. In both cases, the new managers of ORNGE are now struggling to determine what work was done to justify the payments. The monies paid to both men were public funds.
“Most interactions Dr. Stewart had with ORNGE were directly with Dr. Mazza. As a result, we are unable to confirm the work performed,” ORNGE spokesman James MacDonald said.
In a response to questions from the Star, Stewart said he delivered value for the money as Mazza frequently contacted him with questions. “I saw evidence of my counsel play out in several areas, for example, research development, clinician recruitment and improved critical-care system integration,” Stewart said.
The Mt. Sinai doctor, when asked, told the Star he also provided advice to Mazza on how to potentially sell the ORNGE air ambulance model to United Arab Emirates clients, a Mazza plan that went nowhere.
The consulting contract between ORNGE and Stewart ended in January 2012 after the former chairman of ORNGE alerted the provincial health ministry to his concern that Stewart and Mazza were both being paid for work they did not do. Chairman Rainer Beltzner’s Dec. 23, 2011 letter to the province raising these concerns was made a public exhibit at the Queen’s Park committee investigating ORNGE.
Stewart would not grant the Star an interview but, using Mt. Sinai public relations official Sally Szuster as an intermediary, he provided responses to questions over the past four days. At Mt. Sinai, Stewart is physician-in-chief and chief clinical officer.
Mazza and Stewart first met each other, Stewart says, during the SARS outbreak in 2003. Stewart said he, Mazza and others “led the effort against the SARS outbreak.”
They became social friends, Stewart said. When Mazza created ORNGE in 2005, he asked Stewart to provide ongoing advice. Stewart said he was “clinical care adviser for ORNGE.” He has a contract with ORNGE, but said he could not disclose it at the present time. ORNGE says it will release the contract but requires Stewart’s permission.
Stewart said his annual “stipend” from ORNGE was $75,000. ORNGE’s MacDonald said they have found payments totalling $436,000 to Stewart.
Friday, provincial health minister Deb Matthews released Mazza’s expense records, revealing that the ORNGE boss had a lavish lifestyle, jetting around the world, staying at fine hotels from Rio de Janeiro to Paris to Milan. Conservative critic, MPP Frank Klees, dubbed him “First Class Chris.”
Included in those records are several meals (modest compared to others in the box of documents) with Stewart and also several parking receipts filed when Mazza visited Stewart at Mt. Sinai. In February 2006 he filed for a $62 dinner with Stewart at Café Nervosa in Yorkville, and in July 2007 a $272 dinner at Blowfish restaurant on King St. West.
In his email responses, Stewart said his knowledge of critical care issues at hospitals helped Mazza structure ORNGE. In explaining what he advised Mazza on for $75,000 a year, Stewart said he performed: “The review of clinical care policies and procedures, recruitment of physicians and researchers who specialize in specific areas of critical care and transport, advising on how patient transport services can optimize patient flow.”
Stewart acknowledged that his initial contacts were primarily with Mazza. “I was contacted most frequently by Dr. Mazza who would often refer me to other members of the ORNGE staff.”
At no time, Stewart said, did he hear any rumblings that “the terms of my engagement were not being met.”
At ORNGE Sunday, officials told a different story.
ORNGE spokesman MacDonald said that “objections were raised regarding this contract within ORNGE, but Dr. Mazza gave direction that it remain in effect.” The contract was renewed “automatically,” MacDonald said.
At the public hearings into ORNGE last August, former chair Rainer Beltzner said that in late December 2011 (three weeks after the Star broke the first part of the ORNGE story) he learned that Mazza had an annual contract as medical director and it was unclear what, if anything, Mazza did to earn up to $400,000 a year for the job. Just that portion of Mazza’s salary over the years totalled $2.2 million.
Beltzner wrote a letter Dec. 23, 2011 to a top provincial health official, raising the issue of both Mazza’s and Stewart’s payments.
“On another matter brought to my attention yesterday … it appears that the company, through Dr. Mazza’s authorization and insistence, was paying a Dr. Tom Stewart at Mount Sinai Hospital for services that do not appear to have been needed or delivered. This relationship has been going on for some time apparently, and there is a need to examine the underlying motive and authorization for these payments and the acceptance of these monies by Dr. Stewart.”
It is unclear who ended the contract, ORNGE or Stewart. ORNGE said the contract was “terminated.” Stewart said he resigned in January, 2012. By that point, Mazza had left ORNGE, first on sick leave then permanently. The for-profit ORNGE company he was employed by was put into bankruptcy.
As to his annual ORNGE payments not being part of the Sunshine List, Stewart said he was “not aware of how ORNGE reported its salaries.”
The Sunshine List records public officials paid more than $100,000 in public monies, but it is not clear how an individual is dealt with if they receive funds from more than one public source