Doctors going to court to block release of billing information

The association representing physicians in Newfoundland and Labrador is going to court to prevent the health department from releasing how much doctors bill.

The Newfoundland and Labrador Medical Association filed an appeal with the Supreme Court in the province on Wednesday citing eight errors it believes the information and privacy commissioner made in his ruling.

Earlier this year, CBC News filed an access request for the total amount billed by each physician to the Medical Care Plan (MCP). Similar information is routinely disclosed in British Columbia and Manitoba.

• Payments to doctors through MCP should be made public, information commissioner concludes

Initially, the Department of Health and Community Services refused to release the information, saying it was personal. The information and privacy commissioner instead ruled that the billings are business information and should be released.

"There is no principled reason why physicians' billings should not be subject to the same transparency as payments to employees, businesses, consultants and other parties receiving funding from government," Commissioner Donovan Molloy wrote in his decision.

The department disagreed with some of the commissioner's interpretations, but agreed that the information should be released.

'Not about concealing MCP information'

Now the NLMA is asking a judge to overrule that decision. Cox told members "there are important legal issues that need to be addressed."

The NLMA agreed with releasing how much salaried physicians are paid, but it doesn't believe the law allows the information to be released.

"The issue is not about concealing MCP information or avoiding accountability or scrutiny," Cox wrote.

A spokesperson for the NLMA declined to do an interview, saying it's before the courts.