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OHIP FRAUD REPORTING: is Mandatory, be honest and upfront when you know your coverage is in question, if you want to try your luck, it will comeback hunt you eventually. NOT worth it!!--See related regulations inside

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Bulletin Number 4328

Distribution
Physicians, Hospitals, Clinics, and Laboratories


Subject OHIP FRAUD REPORTING


In support of the government's "zero tolerance" policy for health fraud, the ministry has implemented a new regulation. Effective April 24, 1998, Regulation 590/94 of the Health Insurance Act was replaced by Regulation 173/98.

Mandatory Reporting

Regulation 590/94 required physicians, certain members of their staff, as well as certain hospital and health facility staff to report, anonymously if preferred, specific incidents of health fraud to the ministry.

With the implementation of Regulation 173/98, the number of prescribed persons who are required to report specific incidents of health fraud is now extended to include:

registered nurses of the extended class (nurse practitioners), midwives, laboratory staff, schedule 5 physiotherapists, dentists, optometrists, podiatrists, chiropractors, and employees of these groups.
Under this new regulation, all prescribed persons listed above are:
required by law to report specific incidents of health fraud, as per subsection 43.1 (1);

permitted to take possession of a health card when it is surrendered voluntarily, per subsection 11.1 (2);

protected from liability when taking possession of a health card, in accordance with subsection 11.1 (4); and,

protected from liability when making a mandatory report of specific incidents of health fraud unless acting maliciously and the information on which the report is based is not true, as per subsection 43.1 (7).

Prescribed persons are required to report specific incidents of health fraud they have knowledge of in the course of their professional or official duties. The specific incidents are:

An ineligible person receives or attempts to receive an insured service as if he or she were an insured person.

An ineligible person obtains or attempts to obtain reimbursement by the Plan for money paid for an insured service as if he or she were an insured person.

An ineligible person, in an application, return or statement made to the Plan or the General Manager, gives false information about his or her residency.

An "ineligible person" means a person who is neither an insured person nor entitled to become one.

Although prescribed persons are not required by law to notify a law enforcement agency, the ministry does encourage prescribed persons to do so when they are reasonably satisfied that fraud or an attempt to defraud the health system has occurred. It is when an individual is committing or attempting to commit fraud that the occurrence can most effectively be addressed.
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