COVID-19 Prompted Medical Professional Liability (Malpractice) Insurance Carrier Update for NJ, PA and DE
This information is provided as a service based on what we have been given at this time. Please contact your agent and/or insurance carrier for more up-to-date and additional information.
I hope this helps. I know it is very challenging for all healthcare practices and facilities right now.
God bless all our First Responders as they put themselves in harm’s way for the rest of us.
Conventus:
https://www.conventusnj.com/covid_19_resources.aspx
Coronavirus-Physician_OfficeToolkit-031920
NJ Telemedicine-HealthcareInsights-WhitePaper
NJ BME Telemedicine Regulations_02032020
Will my coverage remain in force if I temporarily convert some or all of my existing practice to telemedicine or virtual office visits for existing and/or new patients in response to the COVID-19 pandemic?
Yes, as long as those patients are located in a state(s) in which you are authorized or licensed to practice, even if your practice in that new state is being conducted under an applicable federal or state waiver. You do not need to notify us about such temporary changes. However, starting a new practice or business (with a new patient base) will require an application and will be subject to underwriting review.
The Conventus Practice Resources Dept. is working diligently to put together additional updates on the current use of telemedicine and telehealth including an upcoming webinar (email attached). In the meantime, here is some guidance. The physicians are covered for telemedicine/telehealth, as long as they are licensed in NJ and whatever state the patient is located in at the time of the telemedicine visit and they follow the NJBME Guidelines. They must comply with the following:
Follow the NJ Telemedicine law (Conventus whitepaper attached). Follow the NJ Board of Medical Examiners Telemedicine regulations adopted on February 3, 2020 (attached)All technology used must be HIPAA compliant and comply with NJ laws and regulations. Set up a triage system for your patients. Decide how you will handle requests for testing, per CDC guidelines. Decide what conditions/patients need to be “seen” now and what can wait or be rescheduled, as well as what conditions may be seen via telemedicine. The same standard of care must be provided for both in office and telemedicine visits, including medical record documentation. Decide how medication refills will be handled. You can also refer patients to their insurance carrier’s telemedicine services, if necessary. Most carriers are waiving co-pays for telemedicine services.
We usually require a physician to complete the Conventus Telemedicine Supplemental Application, but we realize these are unusual times. If you continue to practice telemedicine after the pandemic is over, then the Underwriting Department will want you to complete this application.
If physicians have specific Practice Resources questions, they can call our 24/7 Hotline at 732-602-3754. You can refer Underwriting questions to me directly.
MDAdvantage:
https://www.mdadvantageonline.com/covid-19-resources.aspx
Below is MDAdvantage’s formal response. The details are also available on their website. Please feel free to share.
Important Message Regarding Virtual Office Visits
As the coronavirus pandemic strains our communities and we collectively try to mitigate its spread, many practices are considering the use of virtual office visits.
You can feel secure in the fact that your MDAdvantage coverage has you protected.
Physicians should always aim to provide the same standard of care in a virtual setting as in your office setting. As long as you are following all applicable state laws, your
MDAdvantage coverage protects you just as it does for normal practice activities, pursuant to the terms of your MDAdvantage policy.
Please remember to document clearly in your patients’ medical records their verbal understanding of a telemedicine visit and their consent to utilize telemedicine during this pandemic. All documentation regarding the patient visit should meet the same standards as an in-person visit.
PPIX:
https://www.piaa.us/docs/IML/IML_Online_Telemedicine_July2015.pdf
Princeton:
https://www.medpro.com/covid-19-information-and-resources
Will my coverage remain in force if I temporarily convert some or all of my existing practice to telemedicine or virtual office visits for existing and/or new patients in response to the COVID-19 pandemic?
Yes, as long as those patients are located in a state(s) in which you are authorized or licensed to practice, even if your practice in that new state is being conducted under an applicable federal or state waiver. You do not need to notify us about such temporary changes. However, starting a new practice or business (with a new patient base) will require an application and will be subject to underwriting review.
Curi:
Curi-Recommendations-on-Telehealth-2020.docx
Dear members and partners,
The Curi team is here to support you and your practice in medicine, business, and life through the evolving COVID-19 crisis. Here are four key things to know today:
Curi’s Risk Management FAQs
The Risk Management team at Curi has produced a comprehensive list of frequently asked questions related to risk management and clinical practice during the pandemic. To access the document, click here.
Families First Coronavirus Response Act Resources
The U.S. Department of Labor has issued two valuable documents relative to the federal Families First Coronavirus Response Act (FFCRA): an FAQ for employers and guidance on paid sick leave and expanded family and medical leave. In addition, the North Carolina Medical Group Management Association is hosting a free webinar about the implications of the FFCRA for practices on March 27.
HIPAA Privacy Rule Guidance
The HHS Office of Civil Rights has published guidance clarifying that the HIPAA Privacy Rule does permit disclosure of patient COVID-19 information to law enforcement, paramedics, other first responders, and public health authorities without patient authorization.
State-Level Action on Preemptive Prescribing
Entities in multiple states are taking action against the preemptive prescription of medications for a potential future COVID-19 illness. The North Carolina Medical Board has published a message for all licensees reminding them of the risks of preemptive prescribing, and the Virginia Department of Health has published a recommendation against the practice.
For more information and resources on COVID-19, please visit Curi’s resource hub here—and as always, please don’t hesitate to reach out directly to me if you have any questions or if there is anything we can do to help you and your practice through this crisis.
We are pleased to provide you with the included information and hope that you find it useful. However, we should remind you that it is not intended as a substitute for legal advice, nor intended to create an attorney-client relationship. In the midst of this COVID-19 pandemic, we are curators of knowledge and information that we feel you need to have. However, we are not federal and state pandemic experts. We believe that the use of some of this type of information may reduce the risk of medical malpractice claims, but we cannot guarantee that using it will prevent a claim against you or your practice, even in a pandemic.
If you have further questions please feel free to contact our office.
