The applicant physician sought judicial review of a Board decision requiring her to reimburse OHIP over $600,000 for COVID-19 vaccinations administered at mass clinics.
The Board found the applicant failed to meet strict billing requirements for delegated services because the medical students and other physicians who administered the vaccines were not her 'employees'.
The Divisional Court upheld the Board's interpretation of the delegation requirements as reasonable.
However, the Court found the Board's refusal to grant relief under the 'extenuating circumstances' provision of the Health Insurance Act was unreasonable, given the context of the global pandemic and the applicant's good faith efforts to facilitate mass vaccinations.
The matter was remitted to the Board to determine the appropriate reimbursement amount.
