April 10, 2020 by matray

Massachusetts Gov. Charlie Baker filed legislation to provide healthcare workers and facilities protections from civil liability while they are on the front lines of the Commonwealth’s COVID-19 response.

The legislation would protect healthcare professionals, including doctors, nurses and emergency medical technicians, as well as certain healthcare facilities from liability and suit when the care that they provide is impacted by the COVID-19 emergency. The bill would also provide protections for the health workers staffing the unique Field Medical Stations being stood up at the DCU Center, Boston Convention & Exhibition Center and other locations.

“Ensuring that our healthcare workers have the resources and protections they need has been a top priority for our administration since the beginning of the COVID-19 pandemic,” Gov. Baker said. “This legislation offers important protections for health care workers and facilities facing the unprecedented challenges that come with the outbreak of this virus, and we look forward to working with our legislative partners to enact this bill and take another step in our efforts to support the Commonwealth’s medical system.

“Massachusetts is blessed to be home to some of the world’s best healthcare workers and institutions, and it’s important that the fear of liability does not prevent them from delivering the kind of medical response we need during this pandemic,” said Lt. Governor Karyn Polito. “We look forward to working with our colleagues in the Legislature to enact this bill and further support our healthcare system during this emergency.”

Gov. Baker also issued a directive that will maximize protections for healthcare workers under the federal Public Readiness and Emergency Preparedness Act (“PREP Act”) during the state of emergency. The directive will ensure that healthcare workers and facilities that distribute and administer testing, drugs and medical devices for the diagnosis and treatment of COVID-19 are protected from suit and liability to the maximum extent possible under the PREP Act.

Click below to read today’s legislation and directive:

• Liability Protection Legislation Filing Letter


• Liability Protection Legislation


• Governor’s PREP Act Directive

April 6, 2020 by matray

Under an executive order, dentists are considered essential healthcare providers and are encouraged to sign up to join the California Health Corps, a newly launched statewide effort to prepare the healthcare delivery system to respond to a potential surge in COVID-19 patients by opening additional healthcare sites. Registered dental hygienists and dental assistants can also register to join the effort. Recruits will be financially compensated and provided malpractice insurance coverage for the care they provide.

Gov. Gavin Newsom’s order allows for another 50,000 hospital beds at minimum for the state’s healthcare facilities. It also temporarily maximizes the number of available and qualified healthcare workers who can staff the additional beds or relieve frontline personnel by caring for individuals who need treatment for conditions other than COVID-19. Respiratory therapists, medical assistants, public health professionals, medical retirees and other healthcare professionals are needed in addition to dental professionals.

“If you have a background in healthcare, we need your help,” Gov. Newsom said in the news release. In times of catastrophic emergencies, flexibility on scope of practice and licensure is allowed under California law. Those changes in state law were made after 9/11.

Register to join California’s emergency staffing
Dentists and other interested healthcare professionals can visit the California Health Corps website for complete eligibility details and to register to join California’s emergency staffing response to the coronavirus outbreak. After California Health Corps verifies a candidate’s registration and California license for clinical practice (if it applies), Health Corps will ask the candidate to submit an application to complete the process and determine skills, experience, location preferences and interests prior to hiring and deployment.

Dentists’ skills can be used in the state’s fight against COVID-19 in many ways, including:

• Taking vital signs.
• Testing for COVID-19.
• Triaging patients.
• Administering oxygen.
• Administering injectables, including vaccinations.
• Writing prescriptions.
• Intubating and providing deep sedation or general anesthesia services – applies to oral surgeons and dentist anesthesiologists only.

Assigned staffing locations will vary according to the highest need in the state, but California Health Corps said it will try to match applicants’ geographical preferences. The executive order comes as hospitals and medical centers in New York are already experiencing a patient surge along with the problems associated with dwindling capacity and staffing.

“California must continue to prepare our healthcare delivery system and make sure it has every resource to respond to a potential surge in COVID-19 patients,” said Mark Ghaly, MD, secretary of California Health & Human Services. “California’s most valuable resource is its people and I join the Governor in calling on all medical professionals to join the fight against COVID-19.”

Register to join California’s expanded workforce. For more COVID-19 news and resources, including future updates about the Health Care Corps initiative, visit cda.org/covid19.

April 6, 2020 by matray

California Gov. Gavin Newsom recently announced the creation of a new volunteer corps for California healthcare workers who want to help during the COVID-19 outbreak. The new program —California Health Corps — is open to physicians (both active and retired), medical students and a wide range of healthcare professionals and administrative staff.

Participants will be paid and will be given malpractice insurance coverage.

At the press conference, Newsom was joined by San Francisco pediatrician Shannon Udovic-Constant, MD, vice-chair of the California Medical Association (CMA) Board of Trustees, who urged all medical professionals who can assist to answer the call during this crisis. Udovic-Constant noted that many physicians are struggling during the outbreak, including hundreds who have had to close their practices or furlough employees. But that has not deterred hundreds of physicians, medical students and residents from offering their assistance.

“Many of us were drawn to careers in medicine because of the opportunity to help others. Now, we are asking all medical professionals – physicians, nurses, physician assistants, other medical staff members – to join us and helping California through this surge,” Udovic-Constant said. “For many of us, that means stepping outside our comfort zone. But we are calling on the spirit of health care workers across California to continue to step up and help serve the patients of our state.”

Hundreds of physicians, residents and medical students have already reached out to CMA offering their expertise and assistance during the crisis. CMA will continue to work with state leaders about how best to deploy those who have offered to help. For more information on how you can volunteer, please visit healthcorps.ca.gov.

April 6, 2020 by matray

As part of ongoing efforts to support our dedicated physicians throughout New York, MLMIC Insurance Co. is extending medical professional liability coverage – without requiring any new premium – to retired physicians who were last insured with MLMIC and are coming back as volunteers to provide care during the COVID-19 pandemic. MLMIC defines “volunteer,” in this case, as a retired physician providing professional services for no fee, salary or other compensation with the exception of reimbursement for expenses incurred delivering those services. Qualifying physicians may apply online.

The coverage limits of the medical professional liability offered to these volunteers will be the same as they held when actively practicing prior to retirement and when last insured by MLMIC. Coverage also includes defense costs if a claim is filed against them while volunteering. In addition, if the returning physician previously held regulatory defense coverage, it will be provided for actions resulting from volunteer professional services. There is no new premium for this coverage, which is included through physicians’ expired policies without impact upon any presently existing tail policies.

New York physicians can access this information at https://www.mlmic.com/covid-19/returning-physicians. To request coverage, interested volunteers can apply online or call (800) ASK-MLMIC (1-800-275-6564) and ask for Underwriting.

April 3, 2020 by matray

MagMutual announced that its medical professional liability policyholders can defer their premium payments for nine months. The premium deferment option is available to existing, new and prospective policyholders. At the completion of the nine-month period, policyholders will then have the option to spread out their outstanding balance over their subsequent renewed policy period.

"We understand that our policy owners are likely to be experiencing more stress, anxiety and financial burden than usual," said Joe Wilson, MD, executive chairman of MagMutual. "We want to do what we can to alleviate one of the concerns they may have, and help in our small way."

Interested policyholders are advised to contact their sales representative or insurance agent. More information, including details of the program and applicable conditions, are provided on the company's website, www.MagMutual.com.

As the situation currently appears, the company expects to keep this relief in place for all of 2020.

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.

March 30, 2020 by matray

Today, Physicians’ Reciprocal Insurers (PRI) announced the expansion of its peer support program for the medical professionals on the front lines of the coronavirus pandemic. PRI is hosting weekly virtual group sessions with a focus on self-care and stress management during the current crisis. Physicians who are not currently PRI insureds are welcome and encouraged to participate. All participation is anonymous.

The weekly sessions are led by Michael "Mick" Krasner, MD, FACP, a professor of Clinical Medicine at the University of Rochester School of Medicine and Dentistry. Krasner will lead the group through mindfulness exercises and discuss methods to alleviate extreme stress, followed by a confidential group discussion during which attendees can share their personal insights and find comfort and support in their fellow physicians.

"The coronavirus pandemic is causing unforeseen pressure on our healthcare system’s greatest assets, its medical professionals," said Sanford Goldberg, MD, medical director at PRI. "PRI is dedicated to supporting those risking their own wellbeing, and often that of their families, to fight this disease. By providing a forum for these professionals to concentrate on self-care and healing, we hope they will be better able to face this great challenge." PRI has offered both group and one-on-one peer support to its insured physicians for many years in hopes of providing our doctors a forum within which they can discuss their professional problems and hopefully alleviate the stresses and concerns associated with those problems.

During this critical time, PRI remains more committed than ever to supporting our doctors and offering the New York medical community continued support in many mediums. We welcome all New York State physicians to avail themselves of access to our remarkable experts on the issues that impact them personally and the quality of care they provide their patients. For more information, please visit https://www.pri.com/category/events.

March 27, 2020 by matray

Many of MagMutual’s policyholders who are on the front lines of dealing with the coronavirus (COVID-19) pandemic are staying in hotels and other temporary accommodation, all to keep their loved ones from risking infection. In response, the MagMutual Foundation announced that it has set aside $1 million to help any of the company’s policyholders by reimbursing the cost of hotel stays and temporary housing during this period. The details of how policyholders can receive this benefit are explained on MagMutual.com.

“Many physicians are making tremendous personal sacrifices in fighting this outbreak on the front lines,” said Joe Wilson, MD, executive chairman of MagMutual. “As a company, we are committed to putting our policyholders’ best interests first, and that includes finding new ways to support them in this critical time.”

“It’s the least we can do” said Neil Morrell, CEO of MagMutual. “And I’m proud that we have a board and a company that understand what it really means to be a mutual company.”

March 26, 2020 by matray

As U.S. healthcare systems are being pushed to their limits during the COVID-19 pandemic, The Doctors Company announced that it will provide free medical professional liability coverage to retired physicians formerly insured by the company who volunteer during the crisis.

"Today, our mission to advance, protect and reward the practice of good medicine is more important than ever. We appreciate our members' lifesaving work during this crisis and want to make it as easy as possible for our retired members to assist," said Richard E. Anderson, MD, FACP, chairman and chief executive officer of The Doctors Company.

If retired former members of The Doctors Company return to practice as volunteers, this decision will not impact their extended reporting period, or tail, coverage. Additionally, there will be no impact on previous Tribute Plan awards.

To qualify, a retired healthcare professional must be providing professional services for no fee, salary or other compensation — with the exception of expenses incurred delivering those services. Retired former members of The Doctors Company interested in the free coverage can complete an online form or call (800) 421-2368, press 1 for Member Services, then 6 for coverage activation.

Retired members considering volunteering can find more information at "COVID-19 Malpractice Coverage FAQs." All healthcare providers can visit "COVID-19 Resource Center for Healthcare Professionals" to keep up to date on the pandemic.