Alberta minister warns feds not to meddle with private health law

OTTAWA — The minister in charge of Alberta’s hospital system is calling on her federal counterpart to shut down talk of sanctioning the province over its new private health care law.

Alberta Hospitals Minister Adriana LaGrange said she was surprised but undeterred by a report earlier this week that federal Health Minister Marjorie Michel is considering penalizing Alberta under the Canada Health Act for provincial legislation that allows some physicians to practice in both the public and private systems.

LaGrange said she was especially concerned to see the reporting reference discretionary penalties , which are exceptional punitive measures under the CHA.

“I was quite surprised by … somewhat of an implied threat on discretionary penalties, which have never been a conversation between myself and Minister Michel,” LaGrange told National Post in an interview.

LaGrange said she texted Michel shortly after the reporting was published but didn’t get a clear response on the question of discretionary penalties.

“Minister Michel had responded back that … she was reiterating what she’d already told me, but (she) did not address the tone (of the reporting) nor the discretionary penalties,” said LaGrange.

LaGrange sent her own message to the federal government on Monday, saying in a social media post that Ottawa “needs to respect Alberta’s … authority to determine how health care is delivered in this province.”

She said in the post that Alberta’s new dual-practice model does not violate the CHA, and that she remained committed to ensuring “Albertans never have to pay out of pocket for medically necessary care.”

Health care is a provincial responsibility, but the federal government uses the CHA to tie health transfers to public administration.

Provinces and territories that allow patient charges are regularly hit by deductions but hitting Alberta with discretionary penalties — indicating that the province has egregiously breached the CHA — would be an unprecedented move.

It’s a move that, LaGrange says, “would not be received well by the province of Alberta.”

LaGrange said she’d fight discretionary penalties “vigorously, with all the tools at our disposal, including if we had to fight it in court.”

She said that she had a good rapport with Michel but admitted that the report of potential discretionary penalties has created some tension in the relationship.

“I have a great working relationship with Minister Michel, but we also have jobs to do. And I will defend our province vigorously on this,” said LaGrange.

A spokesperson for Michel didn’t comment on discretionary penalties, but said she was working closely with the Alberta government to “mitigate possible adverse impacts on the public system.”

A senior Liberal source who asked to remain anonymous said that Michel has been under significant pressure from advocacy groups and concerned Canadians to steer Alberta away from further privatization.

The Opposition Alberta NDP has also called on Ottawa to intervene.

Colin Craig, president of Calgary-based think tank SecondStreet.org says it would be challenging for the federal government to slap Alberta with discretionary penalties, when Quebec has effectively had two-tier health care for the past two decades.

“The feds would basically be conceding that, when it comes to health care, Quebecers have more rights than everybody else in the country,” said Craig.

Craig said that the federal government should give provinces and territories space to experiment with mixed models of health care that have proven successful in much of Europe.

National Postrmohamed@postmedia.com

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