Bakerlaw continues to help clients obtain prior approval for OHIP funding for out-of-country medical expenses. Unfortunately the Ministry of Health rarely grants Ontarians’ legitimate requests for out-of-country funding for medically necessary treatment which is unavailable in Ontario on a timely basis. Bakerlaw was a key player in developing this area of law and we continue to see results at all stages of the proceeding.

Whether you’re at the initial application stage or appealing the Minister’s decision at the Health Services Appeal and Review Board (HSARB), we can assist you. Formerly we did not advise retaining a lawyer at the application stage, but due to the high rejection rates and relatively higher cost of litigating on appeal, in most cases we advise retaining a lawyer to assist with applications.

While this area of law was significantly restricted in 2009 and again in 2011 due to legislative amendments and administrative roadblocks, we are beginning to see signs that the appeals board, HSARB, has been breaking new ground. In this case (link) the Board considered what constitutes “emergency circumstances” that allow a person to apply for funding after they’ve received medical treatment. The Board ruled that “seizing the moment” of an Applicant’s willingness to attend treatment may constitute emergency circumstances. Bakerlaw is encouraged by this decision, and HSARB’s willingness to award treatment in this case. For a full understanding of the Board’s reasoning, we recommend reading the decision here (link).