Thursday, 17 January 2013

Ontario Ministry of Finance Has Provided Notice On Intent To Introduce Anti-Fraud Regulations Recommended by Task Force

The Ontario government Regulatory Registry has posted a notice that the Ministry of Finance intends to move forward on some of the recommendations made by the Automobile Insurance Anti-Fraud Task Force. 

The Task Force's final report contains 40 recommendations, some of which can be introduced by amending existing regulations. The regulations that are being considered for amendment are:

Amendments to Ontario Regulation 34/10 (Statutory Accident Benefits Schedule - Effective September 1, 2010)
Ontario Regulation 283/95 (Disputes Between Insurers) 
Ontario Regulation 7/00 (Unfair or Deceptive Acts or Practices)

The amendments are based on the following recommendations from the Task Force Steering Committee's Final Report:

Recommendation 4(c):  Amend the SABS to make it clear that insurers are required to provide claimants with a full explanation when refusing to pay for treatment, assessment or other benefits.

Recommendation 17
:  Amend the SABS to:
- require claimants to confirm attendance at treatment facilities and receipt of goods and services billed to insurers; and
- require insurers to itemize the list of invoices they have received when they provide a benefit statement to a claimant every two months.

Recommendation 18: Amend Reg. 283/95 to provide insurers with the ability to examine a claimant under oath, where this is necessary to determine which insurer should be responsible for coverage, without prejudice to the right for an examination under oath that now exists under the SABS.

Recommendation 28:
  Amend Reg. 7/00 to include as an unfair or deceptive acts or practice:
- charging insurers much more for goods or services than the ordinary retail price; and
- requesting a claimant to sign a blank form.

Recommendation 36:  Amend Reg. 7/00 to clarify the exemption for lawyers and paralegals in the unfair or deceptive acts or practices regulation applies to lawyers and paralegals only when they are acting in a legal capacity.

Ontario's Regulatory Registry provides information on new proposed regulatory initiatives that could affect Ontario businesses and recently approved regulations that affect business.

Regulations are approved by the provincial Cabinet.  Once a regulation is approved, a plain language summary of the regulation is posted on the Registry website, with a link to the regulation posted on the Government of Ontario's e-Laws website.

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