DISCIPLINE SUMMARIES
DR. GERARD MICHAEL MACNEIL
PRACTICE LOCATION: Dorchester AREA OF PRACTICE: General Practice
HEARING INFORMATION: Admission; Agreed Statement of Facts; Joint Submission on Penalty
On December 20, 2016, the Discipline Committee found that Dr. MacNeil committed acts of professional misconduct, in that he has been found guilty of an offence that is relevant to his suitability to practise; and he has engaged in conduct or an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. On March 5, 2010, Dr. MacNeil was criminally charged with defrauding the Ontario Health Insurance Plan( OHIP) of $ 483,915.65 for services not rendered between April 2007 and July 2008, contrary to Section 380( 1)( a) of the Criminal Code of Canada. On October 21, 2013, Dr. MacNeil pleaded guilty in the Ontario Court of Justice and was found guilty of the following provincial offences under the Health Insurance Act:
• Between April 1, 2007 and July 10, 2009, failing to maintain records as may be necessary to demonstrate that a service for which he prepares or submits an account is the service that he provided, contrary to section 37.1( 2) of the Health Insurance Act, and thereby committed an offence pursuant to section 44 of that Act; and
• Between April 2, 2007 and June 18, 2009, knowingly obtaining or attempting to obtain payment for any insured service that he was not entitled to obtain, contrary to Section 43( 1) of the Health Insurance Act and thereby committed an offence pursuant to section 44 of the said Act.
$ 380,000 to the Ministry of Health and Long-Term Care at the rate of not less than $ 5,000 per month. Despite having been charged under the Criminal Code on March 5, 2010, Dr. MacNeil answered“ No” on May 30, 2010 to Question F. 4) in the College’ s 2010 Registration Renewal Form, received by the College on June 1, 2010. Question F. 4) asks:“ Since April 1, 2009, have you been charged with any offence in Canada or elsewhere, the facts of which you have not previously disclosed to the College?( Include all offences under the Criminal Code of Canada, the Controlled Drugs and Substances Act, the Food and Drugs Act or the Health Insurance Act or related legislation in any Province or jurisdiction. In addition, include any other offences related to the practice of medicine.)”
REASONS FOR PENALTY In this case, given the very grave ill health of Dr. MacNeil and the knowledge that he has resigned from the College and entered an undertaking to never reapply in Ontario or any other jurisdiction, the Committee is satisfied the public will be protected, and that the public interest test has been met. Dr. MacNeil’ s OHIP fraud is utterly unacceptable. Had Dr. MacNeil not been in such grave ill health and still able to practise, he would have faced serious sanctions. These could have included a significant suspension as well as ongoing monitoring of his billings, a reprimand, and an order to pay costs.
ORDER The Discipline Committee directed that there be no penalty. To read the full decision, please go to www. cpso. on. ca. Select Find a Doctor and enter doctor ' s name.
Dr. MacNeil’ s convictions were made in the place of Criminal Code charges. Further to his guilty plea and conviction, Dr. Mac- Neil was ordered to pay a fine of $ 10,000 within 24 months, and to make restitution in the amount of
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DIALOGUE ISSUE 1, 2018