Seminar ID

ION-2018-10-18

Date and time

Thursday, October 18, 2018 at 17:00 EST see it in calendar

Attendance

• recording

Languages

• in English

CPD hours

Venue

Pace Law Firm300 The East Mall
Toronto
M9B 6B7

Capacity: 18

Description

Challenging medical inadmissibility

Having a medically inadmissible client is a challenge for all of us. Learn from our colleague in Montreal how to fight for your client, how to respond to the Fairness letter, how to mitigate the circumstances - all before your case gets refused. 

You will look at medical inadmissibility with different eyes and from a different perspective. This is one seminar not to be missed.

Part I – Introduction. Understanding current regulations about medical inadmissibility

·       Comprehensive look at s. 19. (1)(ii) and the current s. 38. Meaning, limitations, exemptions.

·       Concept of “excessive demand”, “health services”, “social services”, “danger to public health”.

·       Recent modifications of June 1st 2018. Temporary Public Policy regarding Excessive Demand on Health and Social Services.

·       Review of background cases. Jurisprudence: Hilewitz, Sapru, Colaco, Parmar, Jaffarian

·       Miscellaneous matters. Questions.   

Part II – Analyzing the procedure to follow for medical inadmissibility cases (

·       The nature of the medical exam – by designated doctor – and by a specialist to whom the matter is referred.

·       Analysis of the global procedural fairness for medical refusal cases. Official medical bulletins.

·       The procedural fairness for excessive demand cases.

·       The procedural fairness for danger to public health cases.

·       Responding to the Fairness Letter.

·       Conceiving a Mitigation Plan: concept, structure, content. Examples.

·       Miscellaneous matters. Questions.

Part III – Preparing a medical inadmissibility case for our client. Real cases

·       Describing two possible approaches: a) An approach to a medical inadmissibility case from the very beginning; b) An approach when the health condition shows up in the medicals after medical exam.

·       A review of the material required before undertaking an inadmissibility case

·       Analyzing the medical nature of the health issue. Role of pharmacists, social services experts. The impact of provincial health regulations.

·       Preparing a case. Practical exercise. Case 1: Diabetes Mellitus 1.

·       Preparing a case. Practical exercise. Case 2: Crohn’s Disease.

·       Preparing a case. Practical exercise. Case 3: Pulmonary Thromboembolism with surgical intervention.

·       Preparing a case: Practical exercise. Case 4. Severe Mental Retardation.

·       Preparing a case: Practical exercise. Case 5. Cancer.

·       Preparing a case. Practical exercise. Case 6. VIH-AIDS and STD.   

Part IV – Ethical matters. Analyzing the cases proposed by the participants. General debate

·       The ethical role of the CRIC. Processing personal medical information.

·       Managing anxiety and expectations. Sensitivity. Dealing with children’s health issues.

·       The risk of hiding medical information.

·       General debate: Analyzing cases proposed by participants. Advising colleagues.