The Ontario doctor’s supervisor imposed as much as he could on a doctor he found charged for the province’s state medical system for tens of thousands of tests he failed to perform – but the maximum penalty did not come close to the money he took.
And one of the ways to recover much more money, introduced three years ago, has never been used, CTV News has learned – a sign that critics say the government has not yet properly monitored billions of dollars in spending.
“Dr. Ayokunle Fagbemigun’s misconduct is extremely serious. He took hundreds of thousands of dollars from the health care system, to which he was not entitled. He did it on purpose and for personal gain. He has deceived the government many times over a long period of time, “a commission from the Ontario Disciplinary Tribunal for Doctors and Surgeons wrote in a ruling released Thursday.
Fagbemigun, which operates in a small practice in the northern part of Etobicoke, was found to have charged 42,000 tests and procedures that did not take place, becoming the best payer for several procedures over a four-year period. The model was captured by federal auditors, who referred it to the provincial regulators for action.
MORE: Ontario doctor charges 42,000 tests he failed to do, investigation finds
His registration will be revoked, he will face a $ 35,000 fine and pay $ 72,590 in costs.
But that’s part of what CTV News estimates the tests and procedures cost OHIP, the provincial health plan: between $ 270,000 and $ 410,000.
“This tribunal has no authority to order Dr. Fagbemigun to return the money he took. It is a matter for the courts if OHIP decides to prosecute him, “the panel wrote.
For years, the provincial government has not been able to recover these funds. Then in 2019, the Ontario Ministry of Health told CTV News that it had passed a new law that allows the government to get its money back.
“Under the current legislative framework, the OHIP’s general manager can refer the matter to the Board of Appeals and the Health Hearing Review,” a spokesman for the minister said.
This undated image shows Dr. Ayokunle Fagbemigun.
This review board works from a Bloor Street building. And his registrar told us that of the cases before him, there have been at least 36 cases of doctors trying to recover money from OHIP, and none of OHIP has tried to recover money from doctors.
“To date, all questions before the board have been requested by physicians to review the decision of the General Manager of OHIP when the General Manager has refused to pay, paid a reduced amount or paid for a service that the General Manager considers provided and not the service described in the lawsuit, “said Hassan Bareddin, senior manager and registrar at HSARB.
Some funds may have been reimbursed voluntarily or through settlement, but the health ministry could not provide figures.
All of this is a sign that the province is not serious about detecting overpayments or collecting overpayments when they are discovered, said Natalie Mehra of the Ontario Health Coalition.
“It is very disappointing because it was a question raised six years ago by the chief auditor,” Mehra said in an interview. “It’s frustrating not to see something done on a long-standing problem.”
Attempts by CTV News to talk to the political leadership have so far been rejected. Former Health Minister Christine Elliott is not running for re-election, and Parliamentary Assistant Secretary of Health Robin Martin is not answering calls.
Fagbemigun administered several tests to patients who did not need them, including patients on drug tests at the age of nine, and offered another patient eight pregnancy tests in one year, even though she was not sexually active.
This week, he closed the door to a reporter and photographer in his practice in northern Etobicoke. Through a secretary, he said he was not interested in talking to the press.
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