INCIDENTAL EXPENSES
JUDICIAL REMEDIES TO FORCE THE FEDERAL GOVERNMENT TO IMMEDIATELY STOP THE
PRACTICE OF INCIDENTAL EXPENSES
Montreal, May 3, 2016 – “By resorting to the courts, we hope to force the intervention of the
Federal Minister on the issue of incidental costs in Québec, to enforce the Canada Health Act
(CHA),” states the Réseau FADOQ, as the claimant, supported by dozens of civil, trade union,
patient, and physician associations. To this end, a mandamus was filed yesterday in the Federal
Court of Canada by Jean-Pierre Ménard AdE, a lawyer specialized in the defense of patient
rights. The purpose of such a request is to force, by court order, a public authority (here, the
Minister of Health for Canada) to perform any duty imposed by law. In this case, the Minister
has an obligation to prevent the overcharging of incidentals. The information revealed by a
government source to the effect that Québec wishes to end the collection of incidental costs by
incorporating these costs in physician compensation does not in any way solve the current
problem for patients. In fact, the negotiations in question are only beginning and may prove to
be difficult. They will not conclude until several months from now and during this time, patients
will continue to pay considerable incidental costs. Furthermore, the results of the negotiation
are unknown and there is nothing to say that a new procedure will be any more stringent for
patients than the current agreement, the application of which has degenerated. If the Minister
wishes to abolish incidentals, he can do so immediately by repealing the power he was given in
Bill 20 to authorize incidental expenses. By repealing this section of the law, all incidentals are
prohibited and the law can be applied immediately. “The Minister's plan to end the collection of
incidental costs through negotiation puts the burden and risks on the backs of patients. For too
long, Québec patients, mostly seniors, have been done a disservice by being charged twice for
various medical procedures already provided for in the health insurance plan. Every day, we
hear of people unable to afford the medical care they require. The situation is untenable and
must change immediately!” states Réseau FADOQ Director General, Danis Prud'homme, on
behalf of the organizations present. The motion filed May 2 is based on Articles 18 to 21 of the
CHA, which along with other conditions, provides for the requirements provinces must respect
in order to receive full payment of the Canada Health Transfer. 4545, Pierre-De-Coubertin Ave,
Montreal (Québec) H1V 0B2 | Tel.: 514 252-3017 | Fax: 514 252-3154 www.fadoq.ca “Basically,
Article 18 specifies that a province is not entitled to full compensation when it overcharges.
Article 20 states that the overcharged amount must be deducted from the federal contribution.
In the case in question, the incidental costs are being illegally and abusively charged to Québec
patients. We must take bold steps to end this practice,” says Jean-Pierre Ménard AdE.