At least 8 First Nations are considering establishing for-profit MRI clinics, through agreements with the Canadian Association of Radiologists (CAR).
CAR Chief Executive Normand Laberge is talking with the bands through the Association of First Nations (AFN). He recently negotiated a 5-point agreement with the Muskeg Lake Cree Nation near Saskatoon that will serve as a model.
The agreement launches the radiologists and the AFN into uncharted territory. Both Health Canada and the Department of Indian Affairs say the provinces alone have jurisdiction to license First Nations-run diagnostic clinics. Yet the Saskatchewan government has been reluctant to discuss the idea of MRI clinics outside hospitals.
The provincial licence must comply with the Canada Health Act, which prohibits privately funded delivery of services. Health Canada says it is waiting to see how the provinces respond before taking any action.
The First Nations, meanwhile, insist reserves have jurisdictional autonomy. “There's a definite jurisdictional advantage that hasn't been explored regarding First Nations lands,” said Jason Goodstriker, AFN Chief for Alberta.
AFN representatives in Western Canada met July 16–17 near Calgary to discuss the potential for similar clinics in their communities.
First Nations are motivated by the potential for economic development and by a desire to protect universal health care as guaranteed by Aboriginal treaties, says Goodstriker.
“We see this system sliding toward some kind of reduced universal health care,” he said. “The only way we can reverse this situation is to become part of the system in terms of offering a solution.”
Other bands would consider signing an agreement with CAR, Goodstriker said. “We have to discuss the Canada Health Act and its enforcement on reserves.”
The agreement between CAR and Muskeg Lake Cree Nation ensures the facility meets national standards: CAR will inspect the facility, its medical director will report to the association and the clinic will not poach personnel from other Saskatchewan facilities. The deal also stipulates that only medically necessary tests will be performed.
Laberge says CAR is filling a key role in a jurisdictional vacuum. — Amy Jo Ehman, Saskatoon