FSRA Stakeholder Advisory Committee for Health Service Providers
The Financial Services Regulatory Authority of Ontario (FSRA) is committed to an open, transparent and collaborative approach that involves stakeholders and ensures broad input and perspectives to inform its direction.
Stakeholder Advisory Committees (SACs) will serve as consultative bodies to the FSRA Board as well as management. They are an important part of FSRA’s stakeholder engagement process as it relates to FSRA’s priorities, budget, principles-based regulation and other matters as the Board deems appropriate.
These Terms of Reference relate to FSRA’s role in the Health Service Provider sector, which includes:
- licensing service providers that bill auto insurers directly for medical and rehabilitation services provided to automobile insurance accident benefits claimants;
- regulating the business and billing practices of licensed service providers; and
- collecting information about licensed service providers’ business systems and practices through an Annual Information Return (AIR).
These Terms of Reference are intended to inform the creation and operation of the Health Service Provider SAC.
2. Mandate of the Stakeholder Advisory Committee
The Health Service Provider SAC will:
- Focus on FSRA’s regulation of Health Service Providers who bill through Health Claims for Auto Insurance (HCAI). Other matters, such as the legislative framework for the regulation of Health Service Providers, or matters related to the License Appeal Tribunal or the Statutory Accident Benefits Schedule, fall outside of the scope of the SAC.
- Inform FSRA’s annual business planning, with a focus on the Health Service Provider-related oversight and budget that will guide FSRA’s operations and regulatory activity, before they are published and delivered to the Minister of Finance;
- Provide feedback on the progress made by FSRA on its Health Service Provider-related priorities from the previous annual business plan;
- Provide forward looking insights and trends to the Board of Directors;
- Provide feedback to the FSRA Board on rule-making activity in the Health Service Provider sector where, the Board believes that given the complexity and importance of a specific rule and the issues identified by FSRA Management, the Board will benefit from direct engagement with the sector via the SAC;
- Upon request of FSRA, provide a forum for input on Health Service Provider sector issues, FSRA priorities and other initiatives or activities involving FSRA; and
- Have the opportunity for an in-camera session with the Board, at least annually, to raise any issues related to FSRA management and, subject to the mandate of the SAC, the Health Service Provider sector that the SAC wishes to discuss with the Board without the presence of FSRA management.
The Board may decide to convene a SAC meeting to discuss any other issue related to the regulation of the Health Service Provider sector and may decide to combine SACs from different sectors for such a meeting.
3. Nomination and appointment of Stakeholder Advisory Committee members
Appointments to the Health Service Provider SAC will be made through an open nomination process posted online. Selections will be made by FSRA, based in part on the experience of the individuals who are put forward, their role in the sector they represent and other factors that FSRA may determine are relevant.
The Health Service Provider SAC will have a target membership of fourteen stakeholder members representing regulated entities, associations of regulated entities or professionals working in regulated entities. FSRA can choose to add or remove any member of the SAC at any time and a SAC member may resign by giving written notice.
FSRA is looking for members for a two-year term commencing in Spring 2022 and this term may be renewed by FSRA for one additional year to allow membership to be staggered to provide continuity to the Committee.
FSRA will publish the names of the members of the Health Service Provider SAC on its website.
4. Members of the Stakeholder Advisory Committee
Stakeholder nominees to the Health Service Provider SAC should be senior members of their respective organizations or professions. Successful nominees will be expected to place the public interest ahead of personal and professional interests in the discharge of their committee responsibilities. In particular, FSRA is seeking members that have direct and extensive experience in Ontario’s auto insurance system both before and after the implementation of Health Service Provider licensing.
Industry members will be selected with an emphasis on ensuring adequate diversity by geography, organization size and background (e.g., treating clinician, assessment provider or business owner/administrator).
Responsibilities of Health Service Provider SAC members will include:
- reviewing background material in preparation for meetings
- attending meetings (delegation is not permitted if a member is unavailable, but FSRA may appoint another Health Service Provider SAC member on an interim basis if a member is unavailable due to incapacity or other justifiable temporary cause)
- providing advice, information and feedback to FSRA
- using best efforts to develop consensus and to identify any issues where stakeholder consensus does not exist, and the reasons for an absence of consensus
- providing feedback to FSRA on the functioning of the Health Service Provider SAC
- working with FSRA management and other SAC members to prepare for Health Service Provider SAC meetings with the Board
5. Public process, input from others and disclosure
The Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.F.31, as amended, will generally apply to information and material provided to and prepared by or for the Health Service Provider SAC.
Members of the Health Service Provider SAC are permitted to obtain assistance from co-workers or sector collaborators. However, members and those who assist them are required to maintain confidentiality of all information provided to the Health Service Provider SAC or prepared by or for the Health Service Provider SAC for presentation or delivery to FSRA (with the exception of information made public by FSRA, including any submissions by the Health Service Provider SAC or its members as part of a public comment process sponsored by FSRA).
6. Meetings, agendas and deliverables
It is expected that the Health Service Provider SAC will participate in the following two-hour meetings:
- with the Board of Directors on forward looking matters in June
- with Management – on FSRA priorities and consultation on the draft priorities and budget in October/November).
- There may be additional meetings as per the terms of reference.
For those selected to participate on the SACs, FSRA will not be providing any remuneration. However, consumers residing outside of the Greater Toronto Area are entitled to be reimbursed for reasonable travel expenses they may incur in attending meetings in accordance with FSRA approved Travel, Meal and Hospitality Directive.
Members may be asked to prepare material for consideration by FSRA or for presentation to the Board.
FSRA management shall endeavor to provide meeting agendas and related materials at least one week in advance of each regular meeting. FSRA management shall prepare a summary of each SAC meeting with the Board and distribute it, including any accompanying written submissions, to members, typically within three weeks following a meeting. As part of these meetings FSRA will communicate what recommendations or feedback has been adopted and what has been considered but not adopted. FSRA also intends to publish a high-level summary of the Health Service Provider SAC’s work on FSRA’s website within approximately three weeks of each meeting with the Board.