The applicant physician sought judicial review of a decision by the General Manager of OHIP imposing an administrative charge of $81,450 for 543 unauthorized payments.
The Divisional Court dismissed the application, finding that the General Manager had no duty to refer the administrative charge issue to the Health Services Appeal and Review Board, as the Board's jurisdiction is limited to reviewing unauthorized payments.
The Court confirmed the General Manager's authority to impose a $150 administrative charge for each unauthorized payment under the Commitment to the Future of Medicare Act, 2004.
Furthermore, the Court noted it would have declined to grant the discretionary remedy of judicial review due to the applicant's delay in bringing the application.
