Private clinic breaking the law, says minister

B.C. Health Minister George Abbott says the new Copeman Healthcare Centre in Vancouver appears to be violating both federal and provincial laws by charging an enrolment fee.

Copeman offers patients access to doctors 24 hours a day in exchange for an initial enrolment fee of $1,200 and an ongoing annual fee of $2,300.

Copeman clinic in Vancouver (File photo)

The minister says the enrolment fee charged to patients at the private clinic falls outside the Canada Health Act and B.C.'s Medicare Protection Act.

• FROM NOV. 22, 2005: Vancouver clinic fuels private health care debate

That's what critics have been saying for months, and now there's a legal opinion to back them up.

Don Copeman opened his first clinic in Vancouver last November, and has announced plans to expand to Ontario. However, the Ontario Health Coalition got a legal opinion this week that the clinic's fee structure breaks the law.

The lawyers cited the fact the Canada Health Act prohibits charging patients a fee for preferred access to government-insured services.

• LINK: Legal opinion on Copeland Healthcare Inc. (.pdf)

Here in B.C., Health Minister George Abbott agrees there is a legal problem with Copeman's operation.

"It is our opinion, based on the research we have done, that the enrolment fee does fall outside the bounds of the Canada Health Act and the Medicare Protection Act."

Abbott says he doesn't expect to shut down the Vancouver clinic, noting that the clinic is doing some good work.

• LINK: Copeman Healthcare Centre

The minister says the government is working with Copeman to ensure compliance with the law. But if that doesn't work, Abbott says the government may have to take additional action.

"If at some point we conclude that Mr. Copeman is either unable or unwilling to bring his clinic into compliance with the statutory framework, then we will have to take additional action to bring him into compliance," says Abbott.

• INDEPTH: Health care in Canada