Will Medicine Survive in Ontario?

camelPick an analogy: a frog slowly boiling, a camel’s nose inside the tent, a slippery slope. Too often, we accept small changes and wake up with disaster, a camel in our tepee.

Canadians hate rigid thinking. We avoid fights and love compromise. This makes us pions to activist governments.

Medicine faces an existential threat in Ontario.

Do not listen to the wise, old doctors who say,

Relax. The pendulum swings. Seven fat years followed by seven lean. Don’t get your knickers in a knot. All good things come to those who wait….

People who spew such nonsense, in light of the current Ontario government, are, with great respect, deluded.

Premier Wynne is no pendulum; she’s a juggernaut.

The Wynne Liberals propose changes faster than anyone can respond. The Liberals want a revolution in healthcare; a completely different way for patients to access care.

And they want the government at the centre of their new world order.

The examples of this government’s abuse of power would run pages long. Consider just the following:

Bill 210 completely revolutionizes primary care. The government wrote this with no input from working physicians. Bill 210 turns doctors into civil servants beholden to local bureaucrats.

Doctors will be paid to do what bureaucrats tell them to do, not what patients want. Every schedule change, every hour of patient care, must be reported, and approved by, local bureaucrats.

The government will hire an army of bureaucrats to staff the new ‘sub-LHINs’ and manage all the doctors under their care.

Bill 119 gives government broad access to patient records. Defenders of this bill insist that the government always could come to a doctor’s office and look at charts, but this is not clear (or even true apparently).

Even so, in the days of paper charts, sensitive bits of data, for example, an HIV test, might not be handed to the bureaucrat demanding a chart. With electronic medical records, it’s all available to government with a mouse click.

As with Bill 210, the government ignored input from physicians.

On top of this, the Liberals have cut hospital funding 9 years in a row and have cut 1400 nursing positions despite a growing and aging population.

Will Medicine Survive?

The Ontario Liberal government is attacking medicine. They want voters to believe it’s all about doctor and nurse incomes, but it’s not about money.

It’s about control.

Of course money is involved. It always is.

But politicians and social reformers love power more than money. They want command: absolute jurisdiction over how and when doctors work.

They believe that they know best whether a doctor should stay late in the office, or go on a house call. They want to control when doctors take breaks and how they pay clinic staff.

Government wants to make doctors accountable to government. They want to force doctors to order fewer tests, and do more preventive care, in return for little bonuses.

Patients’ needs do not matter; government knows what patients need.

Honest Politicians

Coercive Utopians won a majority in 2014. Voters gave most of the seats in parliament to an activist government. Honest politicians are humbled that only a minority of citizens vote. They know that a ‘majority’ government gets control of parliament from the support of a minority of citizens.

Honest politicians believe that forming government means serving and listening to all the people.

But not the Wynne Liberals. They act like any other democratically elected dictatorship.

Premier Kathleen Wynne is not a centrist. She’s a woman on a mission with a long list of things she wants to get done. She does not believe that representative democracy carries the duty to represent all voters.

She thinks that a ‘majority’ gives her the right to trample on anyone who does not agree with her. She steamrolls her bills through parliament without any adjustments or feedback from others.

Fair and Reasonable

Doctors need to assess how ‘fair and reasonable’ is working with this government. They need to look beyond negotiations and consider what’s crumbling around them.

  • Who should lead medicine?
  • How should decisions be made?
  • Have unilateral actions, sham ‘consultations’, and cowboy legislation ever worked well, outside of totalitarian regimes?

Canadian doctors hate fighting. I get it. I am Canadian. I thrive on diplomacy. But, how’s that working for you, doctors?

I’m at my wits end. I am tired of making excuses for doctors being ‘fair and reasonable’ in the face of tyranny.

Things will change irreversibly in Ontario, over the next 12 months. Doctors could make a difference. But I suspect they won’t.

Will medicine survive, as we know it, in Ontario? Will patients appreciate the doctors they find in their tent when Premier Wynne gets done with her revolution?

photo credit: bbc.com

 

Doctors Must Lead or Lose Privilege – Bill 210

doctors strike

Calm, thoughtful advocacy works with reasonable people. The Wynne Liberals are not reasonable.

In the face of Bill 210, the so-called Patients First Act, Ontario doctors must lead action. We need to lead a protest that the public can see.

Not a strike. Doctors cannot strike.

Bill 210 is not about income. Bill 210 fundamentally redefines the doctor-patient relationship. It goes far beyond anything ever seen in Canada before.

This is a bigger change than the start of Medicare. Patients will remember our response.

Doctors Must Lead

In Bill 210, the Ministry of Health creates its own standard of care and enforces it.

The MOH will determine the kinds of services doctors must provide.

Low level bureaucrats – “investigators” – will have power to enter “without a warrant”, search private doctors’ offices, and examine all personal health records.

In section 21.1 (6)(a), investigators will access doctors’ private:

  • books of account,
  • documents,
  • bank accounts,
  • vouchers,
  • correspondence and payroll records,
  • records of staff hours worked and records of personal health information;

Note: Even if investigators can only search the clinics in which doctors work, there is no difference between clinic and personal MD information for many doctors.

Doctors will be forced to report how they spend each hour of the day.

Doctors shall report holidays and schedule changes to local bureaucrats for approval.

Contracts with local LHIN handlers must be signed or enforced unilaterally.

Family Doctors will take orders from appointed, local government officials, not patients.

Doctors Must Lead

Bill 210 is not about money. Doctors own the moral high ground in attacking this legislation.

Doctors have many options to respond. As a non-expert, here are some ideas:

  1. Doctors need to inform their colleagues and patients ASAP.
  2. Docs should flood social media.
  3. We need a broad range of articles in major news outlets about government failures in healthcare. Things like:
    1. uncoordinated care
    2. lack of IT connectivity
    3. waste in PACS, repeated imaging
    4. waits for surgery
    5. lack of spine surgeons
    6. inadequate home care
    7. overcrowded hospitals
    8. overcrowded emergency departments
    9. high cost of NP led clinics
  4. Doctors should hire expert advisers to lead this activism (not Liberal-supporting ‘experts’).
  5. Consider renting buses for a few thousand doctors to demonstrate at Queen’s Park every lunch hour for 1 week. Different doctors could attend each day.
  6. Organize a week of picketing in front of local MPP offices. Keep the picket times short.

A few thousand doctors attending a short demonstration will not adversely impact patients.

Bill 210 needs action. Now.

Doctors must go out and fight. The Wynne Liberals are not reasonable. They ram bills through the legislature with impunity. Doctors must lead a fight, or fail trying.

Privately Owned Clinics: Naked Nonsense

emperors new clothesMost people say you are naked, if you go out wearing only a hat. Sunbathers wear less fabric than found in a toque, yet we do not call them naked.

Naked looks different to nudists and sunbathers.

Most people say you are self-employed, if you run Molly’s Housecleaning Service. You might even say you are self-employed, if you run a Molly Maid franchise.  But you are not self-employed just because you buy a mop and gloves to work at Molly’s Shopping Centre.

Private vs. Government Care

Medicare covers all medically necessary care in Canada: it is illegal to pay for care privately.

A few provinces allow doctors to opt out of Medicare, as long as they bill patients at the fixed prices set by the government insurance plan.

In Ontario, doctors cannot opt out anymore (Future of Medicare Act).

Governments and regulators dictate:
  • # of MDs allowed to work Family Health Teams
  • # of after-hours service family doctors must provide
  • # of X-ray licenses, with strict rules on locations
  • # of ultrasound licenses, with strict rules on location
  • Laboratory licenses and locations
  • Out of hospital surgical facilities
  • Hospitals: pretty much everything about them
  • MD training, continuing medical education, change in scope of practice
  • Blood-testing for exposure-prone procedures
  • Rules around consent and competency, charting, maintenance of records
  • Rules around completion of death certificates, immunization
  • Mandatory public reporting of diseases, reporting of gunshots
  • Etc., etc., etc.

Every year legislators, who are eager to direct how doctors care for patients, write new legislation with dozens of statutes.

Regulatory oversight and clinical guidelines add piles of rules to help doctors behave. Well-meaning elites believe that patient safety improves, if they leave less to clinical judgment.

After programers feed all the rules and regulations into electronic medical records, patient care turns into a cacophony of clicks in dozens of tick boxes.

And physicians shall tick boxes or risk a failed review by the College.

Privately Owned Clinics

An expert, from a major healthcare stakeholder organization, lectured us on system sustainability. Someone asked how to innovate while under government control. He said,

“Remember…. All doctors’ offices are privately owned and privately run.”

What did he mean by saying privately owned and privately run?

Either he made a trivial statement of obvious fact, like saying, “Remember… You are alive”. Or he meant to remind us of something more.

Did he mean that private ownership indicates freedom; some sort of market economy? Was he implying that government has not taken control of clinical care?

I can only imagine that he meant to say there is something very private going on in the provision of medical services.

Not only that, he seemed to imply support for this kind of so-called private care. Or perhaps, he just meant that doctors should appreciate that they still get to pay for offices out of private billings?

The only non-trivial reason for reminding us about privately owned and privately run doctors’ offices is to say that private care exists in Canada.

But private enterprises exist to earn profits.

Ergo, Canada has a blended delivery of universal care; the government does not control everything.

Ta dah! We are more like Europe than you realized.

Only supporters of government controlled healthcare say things like that, and many do so at every opportunity. Those who support government controlling the means of production of medical services – a nationalized medical industry – want you to believe that Canada has private medical care now.

Two Separate Debates

  1. We have (too much) private care in Canada.
  2. Doctors’ offices represent private care in Canada.

For those interested in the first argument, check out an article by Colleen Flood about private care, and Yanick Labrie’s response. Also, look at Bacchus Barua’s article on private care. But argument #1 is a separate debate.

For now, we are only discussing #2.

Side Bar: Independent Contractor vs. Employee

Self-employed, or independent contractor, means something to the taxman. Employees get benefits, and employers pay EI and CPP. Independent contractors (ICs) avoid these deductions.

The courts opined (as they do on every social issue):

In a landmark case, they birthed the Weibe Door Test to determine if you are self-employed. Basically, ICs must have an agreement, control of their work, must buy their own tools, and need to assume the risk of business losses. (See the Power Point part way down this link: Independent Contractor and the Weibe Door test for more.)

Until the taxman says otherwise, most physicians are still independent contractors in Canada.

Too Much Private Care

Social planners see doctors’ offices in need of government help.  Inefficiencies need to be trimmed, regularity enforced, and the public protected, with help from the top down. Private offices should be as safe as a government building.

Others think society is stronger, when built from the bottom up, by people and not governments. They want to decrease government ‘help’ in front-line patient care.

What is a Private Business?

Business firm in the private (non-public) sector of an economy, controlled and operated by private individuals (and not by civil servants or government-employees). Used also as an alternative term for private limited company.

private sector

n.

The part of the economy that is controlled by individuals or private organizations and is not funded by the government.

Nationalized Lemonade Stands

Picture a child starting out in a nationalized lemonade system.

The child can only sell lemonade on a certain block, at fixed prices billed to the government, made with government stamped lemons.

The child cannot give ice with the lemonade: customers must get ice at another regulated venue, at a specific location.

The child cannot serve ice cream with lemonade. That requires another licence.

And so on…

Is this a private refreshment service? Does the nationalized lemonade stand look more like the post office or more like a traditional lemonade stand?

Stating that the child owns the table and jug is just sour condescension.

Private Care Myth

There is very little private about doctors’ offices beyond the sign on the door.

Government sets the prices and determines the services allowed. Regulators dictate which customers must be seen.

Guidelines prescribe investigations and treatment. Inspectors ensure compliance with entries, exits, storage, privacy, and much more.

Government dictates hours of service: including evenings and weekends, holidays, and locum coverage. In many cases, the government owns the facilities and hires the staff, too.

Physicians own or lease their offices and equipment, hire staff, and assume the profits/losses of their efforts.

But they can only work for the government.

Prices are fixed and unilaterally slashed by the government.

Conduct is dictated and directed by the regulatory colleges, educational colleges, public health, and politicians’ whims.

Privately Owned and Privately Run

Experts, who talk about care in privately owned clinics, trick us with equivocation: they say private but mean something different.

Reminding us that doctors own and run their offices just distracts from government control in every aspect of medical care. Until Canada allows truly private clinics, like every country in Europe, reminders about privately owned clinics mean nothing; they are naked nonsense.