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
60
DIALOGUE ISSUE 1 , 2018