April 2, 2020 by matray

U.S. Senator Ben Sasse, a member of the Senate Finance Committee, introduced the Facilitating Innovation to Fight Coronavirus Act. The emergency legislation would limit liability for healthcare professionals who are fighting coronavirus.

“In ERs and ICUs across America, doctors and nurses are writing the playbook as they fight this virus one day at a time,” said Sen. Sasse. “These heroes need a common-sense liability shield so that they don’t have to worry about lawsuits while they’re scrambling to save lives. This legislation gives emergency liability and patent protections to health care professionals who are innovating on the front lines. America is going to beat this virus. Congress needs to make sure that phase four legislation protects our doctors and nurses from a plague of lawsuits.”

Background:

For healthcare providers who are testing, treating or otherwise countering the effects of coronavirus, Sasse’s bill would limit liability for healthcare providers for:

• Using or modifying a medical device for an unapproved use or indication;

• Practicing without a license or outside of an area of specialty if instructed to do so by an individual with such a license or within such an area of specialty; or

• Conducting the testing of, or the provision of treatment to, a patient outside of the premises of standard health care facilities.

Link to legislative text here.

April 2, 2020 by matray

At the direction of Wisconsin Gov. Tony Evers, Insurance Commissioner Mark Afable issued a request to medical malpractice insurers aimed at expanding access to telemedicine during the COVID-19 pandemic and at ensuring retired and out-of-state health care workers can get the medical malpractice coverage in order to support the state's response to COVID-19. Doctors are required to have medical malpractice insurance to provide care in Wisconsin. The request from the Office of the Commissioner of Insurance (OCI) is aimed at making sure Wisconsin residents can access the care they need at home and at increasing the state's capacity to care for patients throughout the public health emergency.

“It's all hands on deck," said Gov. Evers. “This disease is already putting a strain on doctors and hospitals in other states. We need to do everything we can to make sure that we can care for patients in Wisconsin."

“Telemedicine is becoming a big part of how our healthcare system operates during this pandemic," said Insurance Commissioner Afable. “Doctors shouldn't have to worry that their malpractice insurance doesn't cover telemedicine. And doctors coming to our state to care for Wisconsinites shouldn't have to struggle to get the malpractice insurance they need. We're calling on medical malpractice insurers to support the state's changing health care needs."

This request for action follows Gov. Evers' Emergency Order #16 issued on March 27, 2020, which allows any healthcare provider with a valid and current license issued by another state to practice under that license and within the scope of that license in Wisconsin without first obtaining a temporary license from the Department of Safety and Professional Services, so long as certain conditions are met.

A copy of the request for action is available here.