The advent of telemedicine poses new legal challenges for Canada's health-care system. Although telemedicine increases access, it does not fit easily into Canada's traditional one-tier approach to healthcare. Cross-border telemedicine services may inadvertently contribute to a two-tier system. The current legal system will have to be adapted to accommodate changes instigated by cross-border telemedicine.
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References
1.
Canada Health Act, RSC, 1985: c. C-6
2.
Ibid.: s. 7
3.
For a discussion of the issues relating to defining what services are ‘medically necessary,’ see ChoudhryS.The enforcement of the Canada Health Act. McGill Law Journal1996; 14: 461
4.
Canadian Bar Association.What's Law Got to do With It? Health Care Reform in Canada.Ottawa: CBA, 1994: 90–1
5.
In Ontario, see the Health Care Accessibility Act, RSO, 1990: c. H3, amended by 1996, c. 1, sched. H, ss. 36-9
6.
KatzSJ, MizgalaHF, WelchHG.British Columbia sends patients to Seattle for coronary artery surgery. Bypassing the queue in Canada. Journal of the American Medical Association1991; 266: 1108–11
7.
Industry Canada.Telehealth Industry, Part 1 - Overview and Prospects.Ottawa: Industry Canada, 1998
8.
For a thorough discussion of current challenges to Canada's health-care system and the potential use of legal actions to enforce the principles of the CHA, see ChoudhryS.The enforcement of the Canada Health Act. McGill Law Journal1996; 14: 461
9.
RosoffAJ.Informed consent in the electronic age. American Journal of Law and Medicine1999; 25: 367–86
