Increasing Access Through Privatization? Bill 33 and the Introduction of Private Clinics and Duplicative Insurance in Québec

On 15 June 2006, Bill 33: Act to amend the Act respecting health services and social services and other legislative provisions, was tabled at the Québec Legislature. It served as the government's response to the Supreme Court of Canada's 2005 ruling in Chaoulli vs. Québec (Attorney General), which had ruled that Québec's ban on duplicative health insurance was not consistent with the Québec Charter of Human Rights and Freedoms. Bill 33 implemented centralized waiting lists, specialized private medical centres and introduced duplicative private health insurance. The stated objectives were to reduce wait times and abide by the SCC ruling. However, the scope of the reform was strictly limited to three services: hip and knee replacement, cataract extraction, and intraocular lens implantation. It also placed regulations on the ability of physicians to practice in the private sector, suggesting that the government sought to achieve these reforms while attempting to maintain the integrity of the public system and change as little as possible. Minimal evaluations of Bill 33 have been conducted by the government, with no further evaluations planned. However, analysis of the current Québec health care landscape indicates that despite the stated aspirations of Bill 33, it has not made a substantial impact on reducing wait times. At the same time, it has not contributed to the growth of a private insurance market in Québec, as many of its detractors feared. The implications of the Chaoulli decision and Québec's response provide key lessons for government and stakeholders in responding to legal challenges on health equity and parallel health system.