General Guideline #2 - Production Requests

Statement of Intent

It has come to the attention of the Minister's Committee that a number of Designated Assessment Centres (DACs) frequently receive requests by claimants, insurers or their representatives for copies of the examining professional's clinical notes and records, their curriculum vitae or the referral material received. Because there is no policy or standard procedure for the release of information, DACs have had to establish their own practices. The resulting inconsistency is confusing and frustrating for both claimants and insurers. This General Guideline replaces Communiqué #6 dated April 24, 1996 and outlines responsibilities of the DACs in this regard.

A. Clinical Notes and Records

Where a request is received for the production of the clinical notes and records of any of the examining professionals, and upon proof of notification to the other party, DACs shall produce those documents on the following conditions:
 

  1. They have a Release properly executed by the claimant directed to the health care professionals involved;

  2. The DAC may charge a reasonable photocopy and search fee for the production of this material ($30.00 for the first ten pages, and 25 cents per page thereafter);

  3. Copies of the documents produced must be made available to both the claimant and the insurer, or the representative of either (the non-requesting party will pay 25 cents per page); and,

  4. Records will not be released by a DAC unless the claimant has consented, except that the DAC will comply with any order for production made by an arbitrator or a court. Production will be made within 30 days of the request, or as directed by the arbitrator, or court.

  5. The release of records is subject to any legislative or regulatory restriction.

B. Curriculum Vitae

A standardized DAC Assessor Practice Summary (attached below) of one page will be provided, without charge, upon sending notice of the assessment date. If a curriculum vitae is requested, then reasonable photocopy charges of 25 cents per page will apply.

C. Other Materials

If a request is received by the DAC by either the claimant or the insurer to provide copies of material relied upon and/or reviewed in the course of the DAC examination it is not the responsibility of the DAC to provide copies of that material. The DAC should advise the requesting party in writing to direct their request to the party who provided that information to the DAC. For example, if a claimant requests a copy of the referral package provided by the insurer to the DAC, then the claimant should be directed to seek that information from the insurer.

If a DAC collects materials on its own, that is, materials not provided by either party but necessary for the assessment (such as hospital records), then these will be attached as an appendix to the DAC report.

We encourage feedback regarding this Guideline. Please let us know your experiences, and provide your suggestions, so that we may continue to improve the DAC system. Comments can be directed to:

The Minister's Committee on the Designated Assessment Centre System
c/o The Accident Benefits Analysis Unit
Ontario Insurance Commission
5160 Yonge Street
Toronto ON M2N 6L9
GG-2
June 1998

Attachment



 

Please note that a copy of this form will be provided to claimants and insurers with the appointment notice



DAC ASSESSOR PRACTICE SUMMARY

Assessor Name:
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Assessor Mailing Address:
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City:..........................Province:..................... Postal Code:.........................Telephone:

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I wish to be included on the assessment team for the following DAC:

DAC Number:.......................DAC Name:
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DAC Address:
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City:..........................Province:..................... Postal Code:.........................Telephone:

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Function on DAC Team:
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__Administrative__________________________________________
__Health Practitioner (indicate type)_______________________
__Health Professional (indicate type)_______________________
__Other (specify)_________________________________________
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List only relevant Professional Qualifications (degrees, certificates, etc.) and date obtained:
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Professional Certification (if applicable):
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Registration Number (if applicable):
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DAC assessors are authorized to conduct and sign DAC reports if they have a minimum of three years of experience in conducting similar types of assessments (for insurance companies, Canada Pension Plan, WSIB, etc.)

Number of years experience in conducting similar types of assessments:
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Synopsis of relevant assessment experience:
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Summary of current practice:
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Signature..Date:
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____/____/____
. dd mm yy

  

I hereby acknowledge that all information is true and correct. I agree to conduct DAC assessments in accordance with the Statutory Accident Benefits Schedule and the guidelines set out by the Financial Services Commission of Ontario and the Minister's Committee on the Designated Assessment Centres.



Office use only:

Reviewed by:Comments:Restriction:Date reviewed:
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____/____/____
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