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. 

Does my policy cover the administration of COVID-19 vaccines?

Yes. Vaccine administration is covered under the broad definitions above, and your policy does not contain any additional exclusions on vaccine administration. In addition, there are significant liability protections for the administration of COVID-19 vaccines and other drugs approved for use under an FDA Emergency Use Authorization.

Oregon Health Authority

• OHA Public Readiness and Emergency Preparedness Act (PREP Act) Overview
• PREP Act Authorization for the Administration of COVID-19 Vaccines (oregon.gov)

Washington Dept. of Health

• DOH resource 

Who can order and administer vaccines?

• Washington Dept. of Health - List of Providers Authorized to Administer and Order Vaccines (wa.gov)

FROM PHYSICIANS INSURANCE

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

Consent to Treat During COVID-19 Pandemic
Source: Physicians Insurance
Date: June 17, 2020 (updated from May 12, 2020)

FROM NATIONAL ASSOCIATIONS 

American Medical Association (AMA):

Physician Practice Guide to Reopening (Updated May 28, 2020)

American Hospital Association (AHA):

Re-entry Guidance for Health Care Facilities and Medical Device Representatives (released May 19, 2020)

Roadmap from AHA, Others for Safely Resuming Elective Surgery as COVID-19 Curve Flattens (posted April 29, 2020)

Medical Group Management Association (MGMA): 

COVID-19 Medical Practice Reopening Checklist (posted May 8, 2020)

"...But Planning is Everything" -- Restarting Health System Strategy
Source: PYA
Date: May 14, 2020

Provider Practice Restarts: Not a One-Size-Fits-All Proposition
Source: PYA
Date: May 1, 2020

PYA Framework for Re-starting Our Healthcare Economy
Source: PYA
Date: April 24, 2020