COVID-19 Support

How does my policy respond to COVID-19? 

Your professional liability policy with Physicians Insurance provides coverage for damages arising out of direct patient treatment  rendered by an insured in the practice of the insured’s profession and on behalf of the named insured, or because of the insured’s vicarious liability, provided that such damages are a result of an injury  arising out of a medical incident.  

Under these broad definitions, liability resulting from clinical and administrative decisions related to the testing, screening, treatment and triage of COVID-19 patients, including decisions regarding when and how to best provide care to non-COVID-19 patients during this time, will be covered under your Physicians Insurance policy, subject to all other applicable policy conditions e.g. reporting within the policy period; etc. 

Does my policy cover telemedicine?

Yes. Telemedicine is covered under the definitions above, and your policy does not contain any additional exclusions on telemedicine. 

Does my policy cover any volunteer services I choose to provide? 

Yes. Volunteer patient treatment is covered under the definitions above, and your policy does not contain any additional exclusions on volunteer patient treatment. 

Does my policy cover privacy violations? 

Your professional liability coverage will cover allegations of violations of the right of patient privacy. If the Declarations Page of your policy indicates you have purchased HIPAA Defense Coverage, you have coverage for defense of HIPAA regulatory actions up to the limit indicated. Similarly, if your Declarations Page indicates you have purchased the Cyber Liability Endorsement, you have coverage for defense of privacy breaches up to the limit indicated.  

Is there anything we can do to reduce our liability and regulatory exposure? 

Please continue to consult Risk Management resources available here (phyins.com/resources and phyins.com/COVID19), exercise good clinical judgment and prioritize patient health and safety above other concerns. Should liability arise in the future, please know that Physicians Insurance, and our panel of expert lawyers and Claim professionals, are here to make sure you’re defended and protected. 

For specific risk management questions contact our Risk Management Department: riskmanagement@phyins.com. 

[1] Direct patient treatment is defined as: “any direct treatment, consultation, diagnostic tests or procedures, therapeutic procedures, pathological analyses, reports, or any other associated health care services. Direct patient treatment includes, but is not limited to, the furnishing of food and beverages in connection with providing patient treatment; dispensing of drugs, medical or dental supplies and appliances; and performing post-mortem procedures, including autopsies or harvesting of organs.”

[2] Professional Liability Injury means damages for the following injuries and offenses provided that such injuries or offenses arise, in whole or in part, out of a medical incident:

1. bodily injury;
2. physical injury to or destruction of tangible property;
3. violation of the right of privacy of a patient of an insured; or
4. defamation of a patient of an insured.

[3] Medical Incident means an act or omission or a series of related acts or omissions occurring in the course of direct patient treatment, regardless of the number of persons claiming damages arising out of such acts or omissions.

How does my policy respond to COVID-19? 

Your professional liability policy with Physicians Insurance provides coverage for damages arising out of direct patient treatment  rendered by an insured in the practice of the insured’s profession and on behalf of the named insured, or because of the insured’s vicarious liability, provided that such damages are a result of an injury  arising out of a medical incident.  

Under these broad definitions, liability resulting from clinical and administrative decisions related to the testing, screening, treatment and triage of COVID-19 patients, including decisions regarding when and how to best provide care to non-COVID-19 patients during this time, will be covered under your Physicians Insurance policy, subject to all other applicable policy conditions e.g. reporting within the policy period; etc. 

Does my policy cover telemedicine?

Yes. Telemedicine is covered under the definitions above, and your policy does not contain any additional exclusions on telemedicine. 

Does my policy cover any volunteer services I choose to provide? 

Yes. Volunteer patient treatment is covered under the definitions above, and your policy does not contain any additional exclusions on volunteer patient treatment. 

Does my policy cover privacy violations? 

Your professional liability coverage will cover allegations of violations of the right of patient privacy. If the Declarations Page of your policy indicates you have purchased HIPAA Defense Coverage, you have coverage for defense of HIPAA regulatory actions up to the limit indicated. Similarly, if your Declarations Page indicates you have purchased the Cyber Liability Endorsement, you have coverage for defense of privacy breaches up to the limit indicated.  

Is there anything we can do to reduce our liability and regulatory exposure? 

Please continue to consult Risk Management resources available here (phyins.com/resources and phyins.com/COVID19), exercise good clinical judgment and prioritize patient health and safety above other concerns. Should liability arise in the future, please know that Physicians Insurance, and our panel of expert lawyers and Claim professionals, are here to make sure you’re defended and protected. 

For specific risk management questions contact our Risk Management Department: riskmanagement@phyins.com.

[1] Direct patient treatment is defined as: “any direct treatment, consultation, diagnostic tests or procedures, therapeutic procedures, pathological analyses, reports, or any other associated health care services.”

[2] Injury means:

a. physical injury, sickness, disease, mental injury, or mental anguish sustained by a person, including death resulting from any of these at any time;

b. invasion of privacy of a patient arising out of direct patient treatment;

c. defamation of a patient arising out of direct patient treatment; or

d. property damage.

[3] Medical Incident means an act or omission or a series of related acts or omissions occurring in the course of direct patient treatment rendered by one or more insureds in the course and scope of their duties to the named insured, regardless of the number of persons claiming damages arising out of such acts or omissions.

How does my policy respond to COVID-19? 

Your professional liability policy with Physicians Insurance provides coverage for damages arising out of direct patient treatment  rendered by an insured in the practice of the insured’s profession and on behalf of the named insured, or because of the insured’s vicarious liability, provided that such damages are a result of an injury  arising out of a medical incident.  

Under these broad definitions, liability resulting from clinical and administrative decisions related to the testing, screening, treatment and triage of COVID-19 patients, including decisions regarding when and how to best provide care to non-COVID-19 patients during this time, will be covered under your Physicians Insurance policy, subject to all other applicable policy conditions e.g. reporting within the policy period; etc. 

Does my policy cover telemedicine?

Yes. Telemedicine is covered under the definitions above, and your policy does not contain any additional exclusions on telemedicine. 

Does my policy cover volunteer work performed by my providers? 

If you have a healthcare facility policy, any providers who are volunteering healthcare services at the direction or on behalf of the named insured (the group or clinic), are covered as “insureds” under the policy. 

If you have a corporate/partnership professional liability policy, any paramedical employees or non-physician staff who are volunteering healthcare services at the direction or on behalf of the named insured (the group or clinic) are covered as “insureds” under the policy. Your physicians and surgeons are covered for any volunteer services they choose to provide under the terms of their own individual policy. 

Does my policy cover privacy violations? 

Your professional liability coverage will cover allegations of violations of the right of patient privacy. If the Declarations Page of your policy indicates you have purchased HIPAA Defense Coverage, you have coverage for defense of HIPAA regulatory actions up to the limit indicated. Similarly, if your Declarations Page indicates you have purchased the Cyber Liability Endorsement, you have coverage for defense of privacy breaches up to the limit indicated.  

Is there anything we can do to reduce our liability and regulatory exposure? 

Please continue to consult Risk Management resources available here (phyins.com/resources and phyins.com/COVID19), exercise good clinical judgment and prioritize patient health and safety above other concerns. Should liability arise in the future arise in, please know that Physicians Insurance, and our panel of expert lawyers and Claim professionals, are here to make sure you’re defended and protected. 

For specific risk management questions contact our Risk Management Department: riskmanagement@phyins.com.

[1] Direct patient treatment is defined as: “any direct treatment, consultation, diagnostic tests or procedures, therapeutic procedures, pathological analyses, reports, or any other associated health care services.”

[2] Injury means:

a. physical injury, sickness, disease, mental injury, or mental anguish sustained by a person, including death resulting from any of these at any time;

b. invasion of privacy of a patient arising out of direct patient treatment;

c. defamation of a patient arising out of direct patient treatment; or

d. property damage.

[3] Medical Incident means an act or omission or a series of related acts or omissions occurring in the course of direct patient treatment rendered by one or more insureds in the course and scope of their duties to the named insured, regardless of the number of persons claiming damages arising out of such acts or omissions.

If you need a Certificate of Insurance, you can search our website at https://www.phyins.com/COI. 

Employers' Guide to COVID-19
Source: HR Hero / BLR
Date: June 12, 2020

Documentation for Risk Mitigation During a Healthcare Crisis
Source: Physicians Insurance
Date: June 17, 2020

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers
Source: Physicians Insurance
Date: May 14, 2020

EMTALA Implications for COVID-19
Source: Physicians Insurance
Date: April 16, 2020

Telehealth Modifying Requirements in Response to COVID-19
Source: Federation of State Medical Boards (FSMB)
Date: September 1, 2020

Best Practices in Videoconferencing-Based Telemental Health Guide
Source: American Psychiatric Association and American Telemedicine Association
Date: April 2018

AMA Telehealth Implementation Playbook
Source: AMA
Date: Posted June 26, 2020

Telehealth Informed Consent Onsite Visit with Second Provider
Source: Physicians Insurance
Date: May 2020

Telehealth Informed Consent for Patient at Home
Source: Physicians Insurance
Date: May 2020

Telemedicine Risk Management Considerations
Source: ASHRM
Date: 2018

Psychological Personal Protective Equipment (PPE)
Date: August 7, 2020
Resource: Institute for Healthcare Improvement

Peer Support: Fostering Connection and Destigmatizing Mental Health for Caregivers
Date: July 24, 2020
Resource: Institute for Healthcare Improvement

Transforming Moral Distress into Moral Resilience 
Date: July 10, 2020
Resource: Institute for Healthcare Improvement

Addressing the Collective Mental Health Burden Imposed by COVID-19
Date: June 15, 2020
Resource: American Association of Colleges of Nursing (AACN)

ONLINE EDUCATION from Physicians Insurance (complimentary for members)

Clinical Assessment Via Telehealth Applications (1.50)

Ethical and Legal Guidelines for Telehealth (1.00)

Telehealth in Clinical Practice (1.50)

RECORDED WEBINAR (open to the public)

Telehealth Primer: The Right Care at the Right Place at the Right Time - Presentation slides
Speakers: Anthony Cheng, MD, Miles Ellenby, MD, Gianou Knox, MPH
Date: June 10, 2020
Source: Oregon Health and Science University

Getting Online with Telehealth: Practical Guidance for Physician Practices 
During this webinar, PYA’s panel of heavy-hitting experts provided guidance physician practices can use to rollout, or further tap into, the telehealth opportunity.
Date: March 26, 2020
Source: PYA

ONLINE EDUCATION from Physicians Insurance (complimentary for members)

Personal Protective Equipment (PPE) (1.00)

Pandemic Flu (0.50)

RECORDED WEBINARS (open to the public)

So You Have A PPP Loan. Now What? — A New PYA Webinar
Date: Wednesday, June 3, 2020 
Source: PYA

Provider Relief Fund Payments – What We Know, What We Don’t Know, What To Do Now

The federal government is now making CARES Act Relief Fund payments to Medicare providers. These payments are not loans—they do not have to be repaid or forgiven. However, this money comes with strings attached.

Date: Friday, April 17, 2020 
Source: PYA

Hospitals, Capital, and Cashflow, under COVID-19

Hospitals and providers need to think creatively, strategically, and long-term about capital and cashflow under the pressures of the COVID-19 pandemic. During this complimentary webinar hosted by PYA, we will discuss the current state of capital markets for non-profit healthcare systems, and considerations for capital management, including the role of real estate assets.

Date: April 09, 2020 
Source: PYA

The CARES Act: Your Piece of the $2 Trillion Pie 

The new Coronavirus Aid, Relief, and Economic Security Act—the CARES Act—includes billions of dollars in relief for healthcare providers. In this complimentary webinar, PYA experts explained the complicated legislative language to help you understand the help that’s on the way.

Date: March 26, 2020 
Source: PYA