Garth Mullins and the British Columbia Association of People on Opioid Maintenance retained Gratl & Company to file a representative complaint at the BC Human Rights Tribunal. Garth Mullins and BCAPOM bring this complaint on behalf of the class of all persons who paid out-of-pocket private clinic access fees to one or more of the private methadone clinics in BC as a condition of receiving medical advice and/or prescriptions for Opioid Agonist Treatment, including methadone, buprenorphine, slow release oral morphine or suboxone, from a medical practitioner enrolled in the Medical Services Plan. A copy of the complaint Form 1.3 submitted to the BC Human Rights Tribunal is available here. A copy of Schedule A to the complaint is available here.
This human rights complaint arises from the decision of the BC Medical Service Commission and Minister of Health to fund opioid treatment clinics by requiring patients to pay out-of-pocket private clinic access fees ranging from $60 to $100 per month. This funding model impedes access to medical treatment for persons seeking to control and stabilize their substance use disorders. Requiring patients to pay out-of-pocket clinic fees discriminates against persons with substance use disorder who attempt to seek medical treatment. This discriminatory funding model targets drug users on the basis of discriminatory attitudes and stereotypes. The funding model breaches s.17 of the Medicare Protection Act, which expressly prohibits clinic access fees where the clinic provides public funding for health services, such as medical assessments and prescriptions for methadone and other opioid agonist therapies.
This human rights complaint seeks an order requiring the Medical Services Commission and Minister of Health to cease the discriminatory conduct by paying the clinic fees in the usual way under BC’s public health care system. The complaint also seeks reimbursement of any out-of-pocket fees paid by class members.
If you are or believe yourself to be a class member, please contact Gratl & Company at 604-694-1919. Updates on the progress of this complaint will be posted as they become available.