Monday 11 June 2012

CAOT-BC Letter to BC Ombudsperson

On May 31, 2012, CAOT-BC sent the following letter to the BC Ombudsperson regarding the concern related to a rate increase for occupational therapists providing service to ICBC. In addition, the letter was sent to the ICBC Fairness Commissioner and ICBC Executive Committee chair:


May 31, 2012
Kim Carter, BC Ombudsperson
PO Box 9039 STN PROV GOVT
Victoria BC V8W 9A5 Canada


 Dear Ms. Carter:

Re:  Complaint Review for the Canadian Asociation of Occupational Therapists-BC Chapter in regards to Insurance Corporation British Columbia

This letter is in follow-up to a phone call with your office on May 8, 2012. At that time, Ms. Kathryn Jeakins spoke with my colleague and fellow CAOT-BC member Salim Janmohamed about our association’s query as to whether the BC Ombudsperson would be able to review our complaint with Insurance Corporation of British Columbia. This letter provides more detail about the nature of our complaint, efforts taken to resolve it and the outcome we desire in order to determine if our complaint can indeed be handled by the BC Ombudsperson. The purpose of this letter is to provide this additional information.  It is understood that the BC Ombudsperson cannot advocate or negotiate for our group.

 Background
The Canadian Association of Occupational Therapists – British Columbia (CAOT-BC) is the provincial professional association for occupational therapists in British Columbia. I am writing you on behalf of CAOT-BC with concerns about how ICBC is responding to our members’ requests for a rate increase.

Occupational therapists are registered healthcare professionals and since the late eighties, have contracted services on an hourly basis to ICBC to implement, coordinate and manage rehabilitation for injured motorists. There is no written contract that governs this relationship between ICBC and occupational therapists, but there are service provider guidelines and legislation (Part 7 Benefits) that govern what services we provide.

There are approximately 2000 occupational therapists in British Columbia and it is estimated approximately 400 have or currently provide contract services to ICBC through sole practitioner firms ranging up to multi-practitioner practices.

In 2010, the BC Society of Occupational Therapists (BCSOT, now replaced by CAOT, BC Chapter) requested a rate increase on behalf of occupational therapists in BC from ICBC as it had been 3 years since compensation rates had been increased. After numerous attempts to contact ICBC about this, Mr. Rob Wilson (Acting Director, ICBC Claims Services) agreed to increase rates by 6.7% on August 1, 2011 but this was quickly followed by a retraction email and a promise that the rate increase would be retro-active to August 1, 2011 and the matter would be resolved shortly. Almost one year later (and 5 years since occupational therapists had received a previous rate increase), there has been no resolution to this matter.

As a professional group that is integral in enabling injured motorists to return to daily activities after an accident, many occupational therapists have expressed concern that this issue has been repeatedly delayed and they have been given the “run around” by ICBC. Members have come to their professional association for support regarding this issue as they feel that they are being treated unfairly, with little respect and in an unprofessional manner. 

The following table outlines a list of correspondence between the occupational therapy professional association(s) and ICBC over the past 2 years:


Letter from Hilary Drummond, BCSOT President requesting Rate Increase sent to Steven Comberbach (Manager, Claims Operations Rehab Services-ICBC)



February 2010

Letters from individual occupational therapy service providers requesting Increase, sent to Steven Comberbach



February and March 2010

Rob Wilson (Acting Director, Claims Services at ICBC) called H. Drummond apologized for the delay and asked for a “week or so” to get back to H. Drummond



March 25, 2010

H. Drummond sent another email to Rob Wilson



April 6, 2010

H. Drummond sent another email to Rob Wilson



April 15, 2010

Rob Wilson called H. Drummond  and said he would send an email with questions on it; (no email was received in this regard)



April 16, 2010

Letter from Rob Wilson to H. Drummond advising a review of occupational therapy rates was being initiated



July 2010

Letter from BCSOT President Les Smith to Rob Wilson requesting response to previous correspondence regarding compensation

November 2010





Email from Rob Wilson to H. Drummond, (former BCSOT President) advising that a rate proposal was forthcoming in the “next week”



December 2010
Follow up email from Mary Wallace Poole (BCSOT Executive Director) to Rob Wilson requesting status update on the rate proposal



March 9, 2011

Follow up email from Les Smith, to Rob Wilson requesting status update



 April 5, 2011

Email from Rob Wilson (“OT rate announcement”) indicating that effective August 1, 2011, rates would be increased to $96/hour



July 29, 2011

Email from Rob Wilson retracting the previous rate increase announcement indicating it was an “error”. He apologized for the miscommunication and provided assurance “that this matter will be resolved very shortly”. The same email indicated that “any rate increase announced will be retroactive to August 1, 2011”





August 1, 2011

Several emails sent from individual occupational therapy service providers to Rob Wilson requesting update to his email of August 1, 2011. No response received



September 2011

Several emails, phone calls, and one focus group meeting (between ICBC and small group of occupational therapy service providers,(November 2011), to review, revise and complete Service Provider Guidelines



September to November 2011
Email to Linda Calbick, Manager, Injury Technical and Program Support, from Salim Janmohamed on behalf of occupational therapy service providers, requesting an audience with a rate decision maker in upcoming ICBC/CAOT BC business meeting



February 6, 2012

Face-to-face meeting between CAOT-BC Business Relations Advisory Committee and ICBC – attendees included Giovanna Boniface, Managing Director, CAOT-BC; Salim Janmohamed, BRAC member; Lindsey Townsend, BRAC member; Ricardo Nuno, BRAC member; Pamela Russell, BRAC member; Abdollah Rezazadeh, BRAC member; Larry Nelson, ICBC Manager Rehabilitation Department; Linda Calbick, ICBC Manager, Injury Technical and Program Support; Sheryl Kozyniak, Manager, Claims Stakeholder Services and Edna Ticzon (administrative support). Discussion of occupational therapy rates and compensation was one item on the meeting agenda, however, no resolution was provided at that time.



February 21, 2012

Telephone conversation between Giovanna Boniface (Managing Director, CAOT-BC) and Linda Calbick (ICBC). Request for status update on OT rate increase. Linda advised that a compensation plan was prepared by Cheryl Kozniak (ICBC) and that it would go to an executive committee. Prior to this, the plan would have to be reviewed by Rob Wilson. Giovanna advised that CAOT-BC would be submitting letters of complaint about this issue to the BC Ombudsman as well as ICBC (ICBC Fairness Commissioner-Mr. Peter Burns, ICBC Executive Committee President & CEO- Mr. John Schubert and ICBC Executive Committee Vice President, Corporate Communications and Stakeholder Engagement)

May 30, 2012

Outcome we are seeking
Occupational therapy services providers are requesting that ICBC fulfill its promise of a rate increase dating back to August 1, 2011 and address the issue of compensation as per many requests dating back 2 years. 

CAOT-BC wishes to continue our positive relationship with ICBC and continues to offer its support to facilitate this outcome. I invite you to meet to discuss this in more detail.  

 Sincerely,

Giovanna Boniface, OT
Managing Director of CAOT-BC

cc: Peter Burns, Q.C, ICBC Fairness Commissioner- PO Box 86686, North Vancouver, BC, V7L 4L2
      John Schubert, President & CEO, ICBC Executive Committee- 151 W. Esplanade, North      
     Vancouver, BC, V7M 3H9
      Steve Crombie, Vice President, Corporate Communications and Stakeholder Engagement,
      ICBC Executive Committee-151 W. Esplanade, North Vancouver, BC, V7M 3H9

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