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Montreal

Private clinics can't bill random companies for patient's surgery, Quebec health minister insists

Quebec's health minister says billing a company for a medical procedure in the private sector is only legal if the patient is an employee of the company picking up the tab.

Gatan Barrette responds to CBC report of doctors using legal loophole to bypass ban on user fees

Health Minister Gatan Barrette said it's illegal for private clinics to bill a company for a medical service that is not performed on an employee of that company. (Jacques Boissinot/Canadian Press)

Quebec Health MinisterGatanBarrette saysbilling a company for a medical procedure in the private sector is only legal under specific circumstances:if the patientis an employee of the company that's picking upthe tab.

"If we were to go to a company that would allow me to pay them, so they pay the doctor and I'm not obviously the employee of that company, that is 100 per cent illegal," Barrette said Wednesday at the National Assembly, cautioning thathe can't verify what exactly happened inthe specific cases reported by CBC News.

"It is more in the classification of fraud than anything else."

CBC reported Tuesday that at least two private clinics told patients to find a registered company that could be billed for their procedures operations covered by Quebec's medical insurance board, RAMQ,and performed by doctors who are enrolledin the public system.

In one case, the patient, whose name we've agreed to withhold, said she visited Rockland MD and was told she had to find a registered company to be billed for her services.

It is more in the classification of fraud than anything else.- Quebec Health Minister Gatan Barrette

The patient, who is retired, asked for more details.

"I asked, 'Can it be any company? Can it be my plumber? Can it be my electrician?' And they saidas long as it's a registered company, any company will do."

Clinic says itfollows the law

The clinic responded to our report, saying the patient must have misunderstood the conversation she had with a Rockland MD nurse.

The medical director of the clinic, Dr. Fernand Taras,told CBC he has rigorouscontrols in place, requiring patients to supply further documentation proving they are employed by the company that isbilled.

The patient was given this contract and told to have any registered business fill it out, complete with the company's credit card number. Only then would she receive a date for her operation. (CBC)

"The law is very clear, and we abide by the law. What we tell patients follows what's spelled out in the law," said Taras. "Did the nurse misspeak at that moment? It's possible, and if that's the case, I apologize."

CBC also spoke with another specialist at a different clinic whoconfirmed that he regularly tells patients that companies are able to pay the entire cost of their procedures in the privatesystem, as is spelled outin the law.

When pressed, that doctoradmitted he doesn't verify if the patient is an employee of the company that is billed.

Quebec's federation of medical specialists (FMSQ) told CBC it didn't have enough information about the two cases to determine whether or not the doctors are respecting the law.

However,the federationsaid it does notcondone any strategy that blocks services for people covered by medicare.