LAT attacks on travel time leave providers spinning their wheels



Travel Time

Dear colleagues,

Most of you have likely heard that there have been two recent LAT decisions supporting insurers’ denials of travel time. Two things for us to keep in mind as providers, though they are both very much in the ‘cold comfort’ category are:

  • LAT decisions are case-specific. They do not make case law that influences other cases. Though such decisions may inspire further insurer denials of travel time they don’t make the success of each denial a certainty.
  • There is nothing in the SABS to prevent insurers for paying for travel time, or mileage for that matter. Some adjusters may pay for one or the other – and in very rare cases, both, when offered a compelling reason to do so. For instance, if it has been clearly established why the client requires in-home services and that there is no appropriate therapist/provider in closer proximity to the client, and the provider makes clear they are unable to absorb the cost of unpaid travel time then to deny travel is to deny service and might be seen as bad faith.

We are putting our heads together here at ORA Headquarters to develop further strategy. Stay tuned for developments and send your thoughts our way in the meantime.

Laurie Davis, Executive Director

[email protected]
GTA:       647-317-7244
Toll free: 866-475-2844

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