I am Bob Fougere and these are my thoughts on issues involving the transgender community:
- Update
- History
- To NSRAP
- What Next?
- Letter To the Minister
- Letter To MLA
Changes in June 2013:
Meeting with the Minister (JUNE 12):
NSRAP met with the Minister of Health and Wellness (the Minister) and he has agreed to reverse his original decision and remove article (4.8). That means that the restriction outlined in article 4.8 of the Physicians' Manual that specifically prohibited the coverage of SRS is now removed. That opens the door to having any surgeries associated with SRS eligible for approval as an insured service.
We have been successful - we are there!!
Check out the Herald article.SRS is/will be an insured service in Nova Scotia!!!!!!!
Clarification:
It is my understanding that, effective immediately, some necessary procedures, that up to now were not covered because they are considered SRS but already have a billing code approved, will no longer be denied by MSI (Medical Services Insurance). (ei. - hysterectomy)
Other surgeries, such as vaginoplasty, that do not have a charge code, will have to be applied for by a requesting physician just as any other new service would.
Therefore not all procedures are automatically approved but now there is the possibility (and I dare say the probability) that these procedures will be approved.
CBC:
On the day of the above announcement on CBC Information Morning (prior to the above meeting with the Minister), there was an 8 min article on SRS - Two people were interviewed including Kevin Kindred of NSRAP. Good job Kevin.
To listen click here
My Hopes:
Now that Gender Reaffirming Surgeries (SRS) are eligible to become an insured service in NS I am hoping that the people in our community who are on the front lines will take the initiative to meet with the Minister and his staff in an effort to be directly involved in the development of the new policies and procedures required for the administration of this service. The objective of their involvement is to make sure that guidelines established are workable for all involved, especially for Trans people. I believe that if NSRAP, The Canadian Association for Transgender Health (CPATH) and pride Health (Capital Health Authority), supported by members of the Trans community, are represented at the table, then we in NS could develop a model of delivery that would be seen as the prototype for other provinces to emulate. I think that would be a great objective to propose to the powers that be. Read more in the 'What next?' tab.
Regrets:
I only regret that we do not have a training program in place for people to learn more about the subject.
I think the biggest obstacle to the acceptance of this decision by the general public will be seen in the reaction from people who have no idea what 'being trans' means to the individuals affected.
I would very much like to hear your feelings on this point or any other part of this blog. Please email me by clicking the 'contact us' below.
Fortunately, in the current Election campaign, the subject, to my knowledge, did not get any attention. By default, I assume that the public has accepted these changes as being the right thing or not a significant change to the system.
UD-Oct 8, 2013
I have been engaged in the fight for Gender Reaffirming Surgeries (SRS) in NS for more than 10 years. The first part of this journey was for me to understand what 'Transgender' is. That was a tough row to hoe. I would get to a point where I would say 'I Got It' - and a little while later I would ask more questions and I would discover that 'I Don't Got It'. Thank goodness for some very patient people who were always there to answer questions and help me along. In recent years I am finding that I have a lot fewer 'I Don't Got It' moments.
All that being said, I was involved with many very good people and groups who were able to keep their focus and continued to work toward total equality for one of the last politically, and medically, marginalized groups in our province.
Upon the election of the New Democratic Party, a party I understood was built on the principle of social justice for all, we were very optimistic that the goal to have SRS covered as an insured service in NS would be accomplished.
Unfortunately it took a long time for this basic value to be reflected in the transgender reality...shame on the NDP. Here is the text of a letter received by the Nova Scotia Rainbow Action Project in early June 2013 - almost 4 years after the first request to this government was made :
- Lucas Thorne-Humphrey
Nova Scotia Rainbow Action Project
Dear Mr. Thorne-Humphrey:
Thank you for your letter e-mailed on October 1, 2012, requesting support from the Department of Health and Wellness to remove clause #4.8 from the MSI Physician’s Manual Preamble, which prohibits the approval of billing codes for surgical procedures relating to transgender health in Nova Scotia. I apologize for the delay in my response. I wanted to ensure that serious consideration was given to your request. Departmental staff was directed to do a careful policy review, including extensive research and consultation with other provinces regarding procedures that are currently insured and the short and long-term health outcomes.
I regret to inform you that due to the lack of high quality scientific evidence to support the efficacy of the long-term outcomes of these procedures and lack of a strong economic argument for their benefit, the department is not in a position to grant your request at this time.
I appreciate your patience and understanding while we have deliberated on this issue.
Sincerely, Original signed by
David. A Wilson Minister
c. Kevin McNamara, Deputy Minister, Department of Health and Wellness
To everyone's surprise, a few days later the Minister of Health called NSRAP to a meeting where our team was informed that the government had reversed the above proclamation and would eliminate section 4.8 immediately. That resulted in a new reality where SRS could qualify as an insured service under the Medical Insurance Services (MSI) plan of the province.
That is to be celebrated!!!
My correspondence with government on this issue is included under the tabs above.
My new reality!
Unfortunately I am quite sad to report that, due to personalities and philosophical differences, I found it necessary to withdraw from my continued involvement in the quest. I have come to the conclusion that my continued involvement would be counter-productive and indeed may even slow down the process to achieve the ultimate objective - to have equality for the transgender community of Nova Scotia.
As St Francis said "...grant me the wisdom to know the difference."
All that being said, I am still interested and hopeful that the people leading the charge will ultimately be successful. In the mean time I am willing to lend whatever support I can but from the background.
Check the tab 'to NSRAP' above to see my response and my suggestions for future action.
Thanks for reading... I am looking forward to your feedback.
From the background,
Bob
UD-Oct 8, 2013
Now we have Transgender explicitly included in the Human Rights Act and SRS is eligible to become an insured service. These, particularly the latter, are major achievements.
Congratulations to all involved!
As a side note:
The NDP Government never did remove Section 4.8 from the Physicians' Manual and in the fall 2013 election the party was almost removed from the political map of the province. (I do not believe that this issue alone was the cause of their defeat but rather their move away from a basic philosophy, that had a strong 'Social Justice' bent, that resulted in their downfall; their refusal to remove Section 4.8 (despite their promise to do so) was a reflection of this change.)
In early 2014 the new Liberal government did in fact remove the infamous Section 4.8.
Action to implement changes resulting from this change have been postponed to April 2014 (the new fiscal year).
Our next challenge, on the trans front:
... have the moniker on the birth certificates changed to reflect the reality of the transgender person.
The Nova Scotia Rainbow Action Project (NSRAP) is the only directly politically active group that is trying to represent the LGBT Community in NS.
I am very interested to know about NSRAP's position on this issue.
Let me explain from my point of view:
What is the problem?
One example - the trans guy is stopped by the police because, unknown to him, his left turning signal is broken. That is ok - now he is asked for his documentation. The officer looks at the paperwork and he sees a person with a beard and his paperwork indicates a female name and a gender marker "F".
This could be a disaster!
Maybe NSRAP could meet with the Minister of Justice with the objective to establish a protocol with Vital Statistics NS for a smooth way to have the moniker changed on birth certificates to reflect a person's 'TRUE" gender.
Maybe we should think outside the box and consider other options such as:
- instead of an F or an M they could give everyone the option of an X.
- maybe there is no need for an F or an M on that document.
Then having drivers' licenses, passports, MSI Card, medical records, etc corrected would be a relatively easy process.
I am hoping that NSRAP will put that issue at the top of their political action agenda.
Input:
If you have any comments on this I would very much like to hear from you.
UD- March 2014
Now we have it! What next?
My thoughts:
Our concern on SRS must be what the system will look like for effected individuals when the service is implemented.
The steps, as I understand them, are:
- If a doctor would like to have one of their patients have a surgery that does not have an MSI charge code, they must prepare a formal requested for same through Dr's NS. That request will be evaluated by Dr's NS to determine if the request is appropriate.
- That application will then be put to Physician Services, a section of the Department of Health and Wellness (DoH). (Again to be evaluated for appropriateness)
- Usually, if recommended by Dr's NS the new charge code would be approved and we are on the way.
That is the simple story - but hold on; as clarification - whatever individual doctor makes the initial application will be required to complete a great deal of paperwork. I suspect they are not paid for the time required to do that but I am not so sure about that.
I am quite sure, having chatted with the folks at Dr's NS, that the first approval step will not be a problem.
The next stage is fraught with potential problems:
- What protocol will the DoH want to implement?
- What model will they want to use for evaluation? (They would usually look to another province for a sample process - and very often the Ontario model is the one that is chosen. That particular model is one of the worst. Being trans in Ont. is not easy.)
- I now understand that the Manitoba model is getting serious attention. I do not have all of the information yet but what I do understand is:
- They have their own experts who do the evaluation for individuals eligibility for surgery (they do not use CAMH - and that is a good thing).
- Some surgeries (ie - chest masculinisation) is done in province. Other surgeries (ie - vaginoplasty) is done in Montreal.
- Phalloplasty is not an insured service (do not yet know why not).
- Currently all of the provinces that have the service available have issues that are causing problems.
Therefore NS could develop a protocol that could be a model for other provinces. To accomplish that NSRAP, CPATH and pride Health together (working with members of the trans community of course) could/should develop a proposal to offer the Minister of Health and Wellness.
I think we (the community) should not wait to be invited to the table by the DoH, but rather let them know that we are working on a proposal for their consideration and ask that they use it as a starting point.
The Model:
My suggestion is that Capital Health build a program with a provincial scope, that would include all the services associated with trans health. This would be the ideal!
This would take time to develop and implement, so in the meantime lets start the ball rolling with an initial application for surgery (perhaps a vaginoplasty) and, with the guidance of CPATH, develop the evaluation protocol (for eligibility). Then, using that model, we could move on to chest masculinisation and even phalloplasty.
Things like a hysterectomy already have a charge code so it should be verified that having that surgery done now is not an issue. The bureaucrats could insist that all surgeries relating to trans health would have to be subject to the same kind of protocol described above. That I think would be unfortunate, but if that is the case then we should accept that reality and do the work necessary to make it happen.
Education:
I am wondering if you would be interested in attending an information session with some transgender people where you could learn more about what trans-gender is.
I would love to hear from you, just for my own information. If there is any interest I will pass your request on to the people who are doing that kind of work.
UD-Oct 8, 2013
June 10, 2013
The Honourable David Wilson, Minister
Department of Health and Wellness
17th Floor, Barrington Tower
1894 Barrington Street
P.O. Box 488
Halifax, NS B3J 2R8
901 – 2677 Gladstone St.
Halifax, NS B3K 0A3
Dear Mr. Wilson:
In November 2012, MLAs voted to expressly protect the rights of transgender Nova Scotians by amending the Human Rights Act to prohibit discrimination based on gender identity and gender expression — an important step, but not the last one in achieving equitable treatment for our trans(1) population. I am writing to you to seek your assistance in ending a discriminatory practice by removing section 4.8 of the MSI Physicians Manual.
Trans Nova Scotians face significant obstacles in receiving safe and equitable health care. Despite the best efforts of community groups, everyday citizens, and a handful of dedicated health care professionals, members of our trans population experience higher rates of mental and physical illness, unemployment, homelessness, and suicide.
Gender Reaffirming Surgeries (SRS), and other procedures related to gender transition, are necessary for the well-being of many transgender Nova Scotians. However, doctors in Nova Scotia cannot be paid publicly for these medically necessary surgeries because of this outdated and discriminatory section in the Physician’s Manual.
These procedures are provided to most Canadians in other provinces, but are not covered by MSI in Nova Scotia, in spite of statements from Doctors Nova Scotia and the Nova Scotia Human Rights Commission (NSHRC) in support of coverage. In fact, the NSHRC have rendered there opinion that “…ending the prohibition on funding sex reassignment surgery (would)…eliminate a disadvantage that has been imposed upon a sexual minority in Nova Scotia.”(2) As a result of the imposition of this prohibition Nova Scotia is lagging behind other provinces and is doing a disservice to trans Nova Scotians who are not getting the health care they need. Instead, some people travel to other provinces and countries and pay out-of-pocket for treatment, often resulting in severe personal financial circumstances. Many others go without the medical care they need despite the fact that these services are deemed medically necessary by a care team of doctors, social workers, and psychiatrists. Please remember that theses opinions are supported by internationally recognized ‘Standards of Care for the Health of Transsexual, Transgender, and Gender Nonconforming People’.(3)
I urge you, in the spirit of the recent changes to the Human Rights Legislation, to take action to eliminate this disadvantage, which affects people who are our friends, family members, and coworkers (citizens of Nova Scotia).
Yours sincerely,
Robert C Fougere
c. Honourable Christopher d’Entremont
Leo Glavine
Honourable Maureen MacDonald
Honourable Darrell Dexter
Lucas Thorne-Humphrey, NSRAP
(1) Trans: Those who identify as Transsexual, Transgender, and Gender Nonconforming
(2) Letter of support signed by the Director & CEO of the Nova Scotia Human Rights Commission
June 10, 2013
Honourable Maureen MacDonald, MLA
3115 Veith Street
Halifax, NS B3K 3G9
901 – 2677 Gladstone St.
Halifax, NS B3K 0A3
Dear Ms. MacDonald:
Please find attached a letter, to the current Minister of Health and Wellness, expressing my disappointment in the decision of your government not to allow, for the transgender people of this province, the possibility of receiving surgeries necessary to establish and maintain a good quality of health, as an insured service. Philosophically your party has taken the position that allowing a ‘disadvantage’ such as this to continue for any part of our population is unacceptable. As is articulated in the attached, this is clearly a human rights issue that is being ignored.
In the last few elections I have voted for you and for your party because of your stated strong position on social justice that I did not see in prior governments. With this decision, and others made by the NDP, in which you personally had a strong influence as a member of cabinet, and more specifically, as a former Minister of Health, I feel that, in my opinion and in the eyes of many Nova Scotians, you have discredited yourself and the position of the party.
It is with extreme disappointment that I am hereby advising that I will not be able to continue to support you or the provincial NDP Party in the next election.
With Regrets
Bob Fougere
Enclosure
To see reply click below