A Kingston family doctor who led a massive community COVID-19 vaccination effort is now fighting in court to avoid financial ruin after being ordered to repay more than $600,000 to the provincial health insurer.
A Public Health Effort Turns Into a Legal Battle
Dr. Elaine Ma appeared before the Ontario Divisional Court on December 2, 2025, applying for a judicial review of a decision that demands she return funds paid for organizing and running vaccination clinics during the height of the pandemic. No ruling was issued immediately, but the case has captured public attention far beyond a simple billing dispute.
In late 2021, as the Omicron variant surged, Dr. Ma mobilized medical students, volunteers, and local partners to set up large-scale outdoor and drive-through clinics at locations like St. Lawrence College and Richardson Stadium in Kingston. Their work resulted in the administration of more than 35,000 vaccine doses, helping make the region one of Ontario's most vaccinated.
"At the time, politicians and public health leaders said what they wanted was 'shots in arms.' Move fast. Be creative. Protect people. We did exactly that," Dr. Ma stated.
Outdated Rules Clash with Emergency Reality
Years after the clinics concluded, the Ontario Health Insurance Plan (OHIP) conducted an audit. It determined that because medical students assisted and the vaccinations did not occur inside Dr. Ma's traditional office, the work failed to meet the technical requirements of billing rules established in 2001—long before the concept of mass drive-thru pandemic clinics existed.
The $600,000 in question was not pure profit. The funds covered staffing, medical supplies, logistics, and compensation for workers who operated outdoors in cold weather to keep the community safe.
After Dr. Ma appealed, the Health Services Appeal and Review Board (HSARB) concluded in 2024 that, under the strict wording of the old rules, the ministry was entitled to demand repayment. The divisional court will now consider whether that decision was fair and lawful.
Community Backlash and Broader Implications
The case has sparked significant local and professional support. Kingston City Council passed a motion urging the province to "do the human thing," praising the clinics as innovative and essential. More than 10,000 people have signed a petition calling on the premier and health minister to halt the clawback.
Kingston's Medical Officer of Health, Dr. Piotr Oglaza, has publicly stated the clinics were safe, effective, and prevented hospitalizations. He warned that penalizing such work could have serious consequences for how Ontario responds to future emergencies.
Medical colleagues across Ontario have expressed alarm, noting that $600,000 is roughly the cost of caring for a single critically ill COVID patient in the ICU, while these clinics likely prevented many such admissions.
"If this were just a technical billing dispute, it might have slipped quietly into a legal database. Instead, it has struck a nerve," Dr. Ma wrote.
A Chilling Message for Future Crises?
Dr. Ma argues the case sends a dangerous message to healthcare professionals. "Right now, the message is chilling: If you step up creatively in an emergency, you may later be judged against rules never designed for that situation," she said.
She emphasizes that the province still has the power to direct OHIP to set aside the repayment and recognize the clinics as necessary public health work. She also calls for modernized billing rules for emergencies, explicit protections for good-faith actions during crises, and involving front-line clinicians in system design.
Dr. Ma, who was given an Award of Excellence by the Ontario College of Family Physicians for her pandemic work, now faces wage garnishment. She remains determined, stating her fight is about setting a precedent for how healthcare workers are treated when the next crisis arrives.
"When the next crisis comes, do we want our doctors to remember that Ontario had their backs? Or that Ontario made them regret stepping up?" she asked. "I know which answer I'm fighting for."
