Vivek Rao

The General Manager of OHIP brought a motion to dismiss a physician's appeal for lack of jurisdiction, arguing the decision to demand repayment was made under s. 37.1(7) of the Health Insurance Act due to an absence of records, which is subject only to judicial review.

The physician argued the dispute concerned the interpretation of a fee code, granting the Physician Payment Review Board jurisdiction under s. 18.

The Board dismissed the motion, finding that the essential character of the dispute concerned the interpretation of a fee code, and that the General Manager's correspondence satisfied the notice requirements of s. 18.

The Board concluded it had jurisdiction to hear the appeal.