BICMA Bodily Injury Claims Management Association Presents:- Rehabilitation In Personal Injury...
-
Upload
cecily-crawford -
Category
Documents
-
view
221 -
download
2
Transcript of BICMA Bodily Injury Claims Management Association Presents:- Rehabilitation In Personal Injury...
BICMABICMABodily Injury Claims Bodily Injury Claims
Management AssociationManagement AssociationPresents:-Presents:-
Rehabilitation In Personal Rehabilitation In Personal Injury ClaimsInjury Claims
ChairmanRobin de Wilde QC
Rehabilitation Market Rehabilitation Market DevelopmentsDevelopments
Norman CottingtonNorman CottingtonManaging Director, TICCSManaging Director, TICCS
President, BICMAPresident, BICMA(Bodily Injury Claims Management Association)(Bodily Injury Claims Management Association)
Founding Director, CMS UKFounding Director, CMS UKMember ABI/IUA Rehabilitation Working PartyMember ABI/IUA Rehabilitation Working Party
Rehabilitation in Personal Injury Rehabilitation in Personal Injury ClaimsClaims
The HistoryThe History
19971997
DAU Working Party becomes BICMA
(Bodily Injury Claims Management Association)
The Early Assessment Agreement launched at The Liberal Club
19991999
Second UK Bodily Injury Award Study
Publication of The Rehabilitation Code – “Code of Best Practice on Rehabilitation, Early
Intervention and Medical Treatment in Personal Injury Claims”
BICMA publishes – “The Practitioners Guide to Rehabilitation”
20002000
A register of Solicitors and Insurers endorsing the principles of The Rehabilitation Code appears on the BICMA website
20052005
The Personal Injury Protocol incorporates rehabilitation
The Rehabilitation Code attaches to the PI Protocol
The BICMA Agreement published– Provides for implementation beyond assessment
20062006
There are calls for rehabilitation providers to be regulated.
BICMA presents
• “Quality Standards for Rehabilitation Providers”
20072007
Revised and amended Rehabilitation Code with “Rehab Lite”
Mediation service for Rehab disputes.
Quality Standards for Quality Standards for Rehabilitation ProvidersRehabilitation Providers
For one body to regulate all of the disciplines involved in the rehabilitation process will prove virtually impossible
Regulation – if it ever happens – will be years away
A provider adhering to the BICMA standards will demonstrate both independence and a commitment to deliver quality services
Quality Standards for Quality Standards for Rehabilitation ProvidersRehabilitation Providers
Providers of rehabilitation services are invited to commit to the following:
Quality Standards for Quality Standards for Rehabilitation ProvidersRehabilitation Providers
Clause 1Clause 1
Any person involved in providing the service shall be appropriately qualified, shall be a member of their appropriate
professional body and shall act in accordance with the standards of practice of that professional body.
There shall be, in respect of any such service as is provided, appropriate and proper professional
indemnity and liability insurance.
Quality Standards for Quality Standards for Rehabilitation ProvidersRehabilitation Providers
Clause 2Clause 2
The duty of the provider of any service is to the injured party, who is at all times the client, and that duty shall
be independent of any claim or litigation.
Quality Standards for Quality Standards for Rehabilitation ProvidersRehabilitation Providers
Clause 3Clause 3
The services and/or recommendations provided shall be appropriate, timely, reasonable and not influenced
by the source of instruction.
Quality Standards for Quality Standards for Rehabilitation ProvidersRehabilitation Providers
Clause 4Clause 4
In the provision of any services, account should be taken of the provision of such services within the
National Health Service and/or the relevant Social Services Provisions.
Quality Standards for Quality Standards for Rehabilitation ProvidersRehabilitation Providers
Clause 5Clause 5
Their terms of business and transactions, including any credit arrangements, be open and available to
inspection by any legitimate interest.
Quality Standards for Quality Standards for Rehabilitation ProvidersRehabilitation Providers
Clause 6Clause 6
It is not intended that these standards should go in place of any eventual regulation that may be considered necessary, but that they provide some assurances of the quality of provision of services in the shorter term.
It is hoped that when instructing a rehabilitation provider you will always enquire as to whether they are signatories to the BICMA standards.
Quality Standards for Quality Standards for Rehabilitation ProvidersRehabilitation Providers
The 2007 Rehabilitation CodeThe 2007 Rehabilitation Code
The changes:-
Time scales introduced.
Where rehab identified
Claimant Solicitor to respond “immediately”
Compensator to respond “within 21 days”
As to choice of assessor
“within 21 days”
Assessment
“within 14 days”
Mediation for rehab disputesMediation for rehab disputes
CMC/BICMA/NMH SCHEME
Provides proportionate resolution of disputes by telephone mediation so as to avoid delay in the delivery of early intervention and support.
Choice of provider / Funding / Direction. Anything that may be the cause of delay
There are numerous barriers most of which emanate from individual claims handlers, whether they be solicitors or defendant insurers.
Barriers to RehabilitationBarriers to Rehabilitation
a) A lack of awareness of the process
b) Scepticism
c) A Lack of trust
d) A lack of confidence
e) Greed
And on occasions:
Simple bloody mindedness!
The Barriers in BriefThe Barriers in Brief
Unfortunately there are still some insurers and some claimant solicitors who have yet to be fully convinced as to the benefits of rehabilitation and as a result have no specific rehabilitation strategy.
Even though most practitioners support the need to provide and use rehabilitation, there remains inconsistency in approach.
IgnoranceIgnorance
A full in-depth needs assessment of a vulnerable victim needs to be conducted by an agency or case manager who can be recommended to the client with a confidence based upon previous experience or valued recommendation.
Choice of ProviderChoice of Provider
Whose Choice?Whose Choice?
Insurers may have providers who they would prefer to instruct on the basis of performance, cost or both.
Where the solicitor’s choice is also a preferred provider of the insurer no problems arise.
Insurers Preferred ProvidersInsurers Preferred Providers
If the insurer is insistent on a preferred provider it can fuel suspicions that:
– The provider is working to accommodate the views or influences of the insurer which, rightly or wrongly, can undermine confidence in the independence of the provider.
Dispute over Choice of Dispute over Choice of ProviderProvider
Disputes create delay detrimental to the individual client’s recovery
Mediation could be the answer
Dispute over Choice of Dispute over Choice of ProviderProvider
Whilst contrary to the spirit of The Rehabilitation Code, TICCS will now accept sole instructions from claimant solicitors and provide the service on credit where:
– “The defendant insurer has, for any reason, declined to participate in the process or declined the solicitor’s choice of TICCS as rehabilitation provider.”
Sole InstructionsSole Instructions
Despite increasing market concern a rehabilitation farmer has yet to be identified.
Rehabilitation Farmer?Rehabilitation Farmer?
Concern has been expressed by insurers.
Rehabilitation costs inflated by credit terms.
Credit RehabilitationCredit Rehabilitation