Written by Sarah Lim Lic# 0M52397

Common Pandemic-Related Questions About your Malpractice Insurance

1.      What do I need to know about telemedicine?

This is the most common question these days.  Practices have been allowed by most major malpractice insurance carriers to be more telemedicine-based until the COVID-19 pandemic ends.  These carriers have adjusted their internal underwriting guidelines to allow telemedicine services as long as they are related to COVID-19.  The following are a few things to consider:

·      Does your patient need to be protected from the virus because a member of your staff may be sick?

·      Is telemedicine a safer way to see your patient because he/she is at higher-risk?

·      Do any state orders mandate the use of telemedicine to see your patients? 

For these types of visits, physicians are required to document what the relationship is to the COVID-19 pandemic especially as this portion of the practice expands. 

Please note that the use of telemedicine requires that the physician be licensed to practice medicine in the state where the patient is physically located.  Due to the pandemic though, some states have waived this licensure requirement so it is up to the physician to know which states he or she can practice in by verifying with each state and complying with that state’s licensing regulations. 

2.      Can I reduce my coverage to part-time?

Yes.  Reducing your hours, or making any changes to your policy, will result in an endorsement being issued.  Many physicians are making these changes to their policies because due to the pandemic, they are seeing less patients, therefore, working less hours.  In order to do so, you will need to submit the following information to your insurance carrier:

·      Date part-time practice started

·      Current hours worked per week

·      Current number of patients seen per week (telemedicine & in-person)

·      Reduced types/number of procedures done

Typically, the insured will see a reduction in the total annual premium and should receive a refund or credit.   

3.      Can I suspend my coverage temporarily? 

The answer to this question varies depending on your malpractice insurance carrier.  Responses for these types of requests range from no cost during the suspension to a reduction in the annual premium by a certain percentage.  Some admitted carriers are offering a suspension endorsement to the current policy which states that no patients are being seen during this time and no coverage will be provided as well.  The minimum/maximum length of time for this endorsement would have to be approved by the insurance company.  It is best to discuss your options with your current broker/agent.

4.      Am I allowed to practice outside of my specialty? 

Due to the pandemic, there are some doctors who are working outside of their specialty to assist with this crisis.  There are some insurance carriers that are allowing this as long as it is related to the pandemic but as with all things, it is best to run it by the insurance company directly or your current agent/broker.

5.      I stopped practicing and am retired now but I want to help.  How can I help? 

When a physician officially retires from practice, there is usually a tail endorsement that is issued.  This tail coverage could have been purchased or earned.  Some carriers are allowing these retired physicians to temporarily provide patient care as long as it is related to the COVID-19 pandemic.  These carriers have issued statements that confirm that any tail policies will not be jeopardized due to any care given that is related to COVID-19. 

6.      Can I extend the due date of my premium payments?

Many malpractice carriers have extended due dates as well as suspended as policy cancellations that are due to nonpayment.  The premium eventually has to be paid but due to the current conditions, carriers are allowing for additional time to make payments.   

As you can see, not all malpractice insurance companies follow the same guidelines but most do.  In these circumstances, it would be most helpful to get a broker involved who will provide the expertise that is necessary and who is looking out for your best interest when it comes to malpractice insurance.  CAPIA has dedicated specialists who are standing by whenever you need them.