MedCo opens for claimant solicitor and insurer registrations
Industry News : 2 February 2015
On 31st January 2015, MedCo opened its doors to allow claimant representatives (solicitor firms, claims management companies etc) and compensators (such as Insurance companies) to submit an application to register their organisations as a user of the MedCo portal. Companies applying to register with MedCo must accept the terms of the User Agreement. The user agreement requires Solicitors, CMCs and Insurers to declare any “Direct Financial Links” defined below as:
- Any MRO which is, or has been, wholly or partly owned by the Authorised User or by a partner, senior manager, member, director, employer or employee in the Authorised User’s organisation, at any time during the previous 12 month period.
- Any MRO in which the Authorised User, or a partner, senior manager, member, director, employer or employee in the Authorised User’s organisation, is a partner, senior manager, member, director, employer or employee, is, or has been, at any time during the previous 12 month period.
- Any MRO in which the Authorised User, or a partner, senior manager, member, director, employer or employee in the Authorised User’s organisation, is or has been a shareholder, with a shareholding above 3%, now or at any time during the previous 12 month period.
- Where the Authorised User practises under an ABS licence or is part of a group containing an ABS, any MRO which forms part of, or is wholly or partly owned by, the ABS or group.
- Any medico-legal expert employed by the Authorised User or under contract of service with the Authorised User for the provision of medico-legal reports in soft tissue injury claims within the meaning of paragraph 1.1(16A) of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents.
Companies must register their organisation as it is shown with the ICO (Information Commissioner’s Office) “Register of data controllers”. There is also a Business Process Guide to the new system, which will be updated as further information is released.
In addition, amendments have now been agreed to the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the RTA Protocol) and to the Civil Procedure Rules.
The amendments bring into force two important procedural changes:
- In respect of any Claim Notification Form sent on or after 6 April 2015 the first report in a soft tissue injury claim must be a fixed cost medical report commissioned from a medical expert or MRO sourced via MedCo;
- With effect from 1 January 2016 medical experts must be accredited by MRS in order to provide the initial fixed cost medical report in a soft tissue injury claim.
MRO and Direct Medical Expert registrations
Registrations for MROs and direct medical experts will be invited at a later date.
In a press release, Lorraine Rogerson, the independent Chair of the MedCo Board said, "This is an important milestone for delivering the software underpinning MedCo. The MedCo Board encourages firms to register now, to avoid a last minute rush before the start of the new system on 6 April. The Board is aware that concerns have been raised about the criteria against which medical reporting organisations will be evaluated. These criteria are a policy decision for the Ministry of Justice which we anticipate receiving shortly”.