Dialogue Volume 12 Issue 1 2016 | Page 47

discipline summaries Text of Public Reprimand Right up front, I want there to be no misunderstanding that had you not resigned and agreed not to reapply, this Committee, based on the statement of facts submitted, would have revoked your certificate of registration. The facts admitted to are nothing short of appalling. Not only has there been neglect of patients, and failure to practice within accepted guidelines, but your care has resulted in tragic consequences to mothers and babies. Sloppy practice, acts of omission and commission, fly in the face of the support letters you provided. Your lack of responsibility and professionalism are inconsistent with medical practice, and nothing short of separating you from the profession will allow this panel to discharge its duty. Dr. JOHN HYUNSIK SHIN Practice Location: Toronto Practice Area: Ophthalmology Hearing Information: Agreed Statement of Facts, Admission, Joint Submission on Penalty On April 1, 2015, the Discipline Committee found that Dr. Shin 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 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. Dr. Shin admitted to the allegations. On November 13, 2013, Dr. Shin pleaded guilty to the charge of fraud over $5,000 pursuant to subsection 380(1) of the Criminal Code. It was alleged that, between January 1, 2006 and March 20, 2007, Dr. Shin “did by deceit, falsehood or other fraudulent means defraud the Ministry of Health and LongTerm Care of money exceeding $5,000 by billing the Ontario Health Insurance Plan (OHIP) for services not rendered.” Dr. Shin admitted to the following in his guilty plea, among other things: (a) H  e billed OHIP for uninsured eye examinations and uninsured contact lens fittings; (b) H  e did not perform contact lens fittings for any of his patients. His staff did the fittings; and (c) H  e billed OHIP for 4,495 services from 20032007, the next closest ophthalmologist billed for 966 services. With respect to the contact lens fittings, Dr. Shin had a high volume of billings for the billing code G424, which is an OHIP billing code reserved for patients who have at least one of the medical conditions set out in s. 24(1) of Regulation 552 of the Health Insurance Act (the “HIA”). An investigation revealed that Dr. Shin did not provide contact lens fittings for any of his patients. A prescription was completed by Dr. Shin for the patient, and the staff did all contact lens fittings. The patients did not suffer from any of the conditions set out in the HIA, and thus were not insured for that service. Thirty-four patients confirmed they did not obtain a contact lens fitting from Dr. Shin and that they did not suffer from any of the conditions eligible for billing. With respect to the eye exams, Dr. Shin had a high volume of billings for the code A233, which is an OHIP billing code for ‘Specific assessment’. An independent expert retained by the College determined that 222 out of 233 Dr. Shin’s records for the codes G424 and A233 contained fraudulent billings. The total amount of Dr. Shin’s fraud was calculated on the basis of those records to be $43,176. Dr. Shin made restitution in the amount of $43,176 to the Ministry of Health and Long-Term Care prior to his sentencing hearing. On November 25, 2013, Dr. Shin was convicted in the Ontario Court of Justice of fraud exceeding $5,000 contrary to subsection 380(1) of the Criminal Code and was sentenced to: (a) A  n eight-month conditional sentence to be served in the community; (b) P  rovide a sample of his DNA for the national database; and Full decisions are available online at www.cpso.on.ca. Select Doctor Search and enter the doctor’s name. Issue 1, 2016 Dialogue 47