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The Ministry of Health (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to the following information:
(1) all documents and communications, internal or external, regarding the definition of "employee" as referred to in the Health Insurance Division Bulletin No. 4215 as it relates to the treatment of electrolysis, audiometric tests or pulmonary function tests and information regarding the impact of this clarification on otorhinolaryngologists;
(2) any internal documentation of the Ministry related to the decision to issue this clarification;
(3) any documents released by the Ministry, internally or externally, regarding the payment of doctors standing in locum tenes, under section 15 of the General Preamble of the Schedule of Benefits: Physician Services under the Health Insurance Act;
(4) any documents regarding the impact of the Ontario Employers' Health Tax on the decision to release Bulletin No. 4215;
(5) any internally or externally released documents regarding the decision to remove electrolysis as an insurable benefit, as set out in the attached letter; and
(6) any documents responding to requests from the Canadian Organization of Professional Electrologists and the Electrologists Association of Ontario to remove the requirement that electrolysis be supervised by a doctor for the purpose of insurance coverage.
The Ministry was unable to locate any records responsive to Items 1 and 2 of the request. It identified 39 records responsive to Items 3-6 and provided partial access to them. Access to the remaining records was denied under sections 12(1)(f), 13(1), 18(1)(g), 19 and 21 of the Act. The requester appealed the denial of access and claimed that records responsive to Items 1 and 2 of the request should exist.
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