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/or 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 covers 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 indicated limit. Similarly, if your Declarations Page indicates you have purchased the Cyber Liability Endorsement, you have coverage for defense of privacy breaches up to the indicated limit. 

How does my policy respond to COVID-19 vaccine mandates? 

Professional liability resulting from clinical or administrative decisions made in good faith compliance with applicable state law and executive orders regarding any COVID-19 vaccine mandate, including any alleged transmission of COVID-19 by an insured healthcare provider to a patient arising out of direct patient treatment, is covered under the broad definitions above subject to all other policy terms and conditions. 

Evidence of intentional disregard for state law or executive orders could result in a denial of coverage under your policy’s exclusion for fraudulent/criminal acts. 

How does my Employment Practices Liability endorsement respond to employee COVID-19 vaccine mandates? 

Your Employment Practices Liability endorsement provides coverage for damages for a wrongful employment act arising out of discrimination, subject to all other policy terms and conditions. This would include allegations of discrimination on the basis of religion or disability arising from enforcement of an employee COVID-19 vaccine mandate. This broad definition of wrongful employment act also includes coverage for claims of wrongful termination or demotion arising from the enforcement of a vaccine mandate. 

In general, allegations of any violations of any union rules or wage and hour regulations are not covered. Not all policyholders have purchased Employment Practices Liability coverage. Please contact your underwriter for questions regarding your exact coverage. 

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.

*Discrimination means any violation of employment discrimination laws including any actual, alleged or constructive termination of the employment relationship, a demotion or failure or refusal to hire or promote, denial of an employment benefit, or the taking of any adverse or differential action because of race, color, religion, age, sex, disability, pregnancy, sexual orientation, genetic makeup, or national origin, or any other basis prohibited by federal, state or local law. 

*Wrongful employment act means any of the below, whether actual or alleged, but only if employment-related and claimed by or on behalf of an employee, and only if committed or allegedly committed by any of the insureds in their capacity as such: 

1. termination, whether actual or constructive, of an employment relationship in any manner that is against the law or wrongful; 

2. wrongful demotion or reassignment, wrongful failure to hire, promissory estoppel or intentional interference with contract, which arise from an employment decision to employ, terminate, evaluate, discipline, promote or demote; 

3. defamation, infliction of emotional distress or mental anguish, humiliation, false imprisonment, invasion of privacy or other personal injury allegations which arise from the terminating, disciplining, promoting or demoting of an employee; 

4. breach of an implied employment contract or breach of the covenant of good faith and fair dealing in such implied employment contract; 

5. discrimination; 

6. harassment; 

7. violation of the Family Medical Leave Act or similar state or local law; 

8. violation of the Uniformed Services Employment and Reemployment Rights Act; 

9. breach of an employee’s federal, state or local civil rights including, but not limited to any violation of the Civil Rights Act of 1886 or 42 U.S.C. Section 1983; 

10. retaliation against any employee; 

11. wrongful deprivation of career opportunity, denial of training or negligent evaluation; 

12. negligent retention, supervision, hiring, or training, which results in any of the other offenses listed in this definition; or 

13. failure to provide or enforce consistent workplace or employment-related corporate policies and procedures. 

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/or 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 covers 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 indicated limit. Similarly, if your Declarations Page indicates you have purchased the Cyber Liability Endorsement, you have coverage for defense of privacy breaches up to the indicated limit. 

How does my policy respond to COVID-19 vaccine mandates? 

Professional liability resulting from clinical or administrative decisions made in good faith compliance with applicable state law and executive orders regarding any COVID-19 vaccine mandate, including any alleged transmission of COVID-19 by an insured healthcare provider to a patient arising out of direct patient treatment, is covered under the broad definitions above subject to all other policy terms and conditions. 

Evidence of intentional disregard for state law or executive orders could result in a denial of coverage under your policy’s exclusion for fraudulent/criminal acts. 

How does my Employment Practices Liability endorsement respond to employee COVID-19 vaccine mandates? 

Your Employment Practices Liability endorsement provides coverage for damages for a wrongful employment act arising out of discrimination, subject to all other policy terms and conditions. This would include allegations of discrimination on the basis of religion or disability arising from enforcement of an employee COVID-19 vaccine mandate. This broad definition of wrongful employment act also includes coverage for claims of wrongful termination or demotion arising from the enforcement of a vaccine mandate. 

In general, allegations of any violations of any union rules or wage and hour regulations are not covered. Not all policyholders have purchased Employment Practices Liability coverage. Please contact your underwriter for questions regarding your exact coverage. 

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.

* Discrimination means termination of the employment relationship, a demotion, or failure or refusal to hire or promote or denial of an employment benefit or the taking of any adverse or differential action because of race, color, religion, age, sex, disability, pregnancy, sexual orientation, genetic makeup, or national origin, or any other basis prohibited by federal, state or local law.

* Wrongful Employment Act means any of the below, whether actual or alleged, but only if employment-related and claimed by or on behalf of an Employee, and only if committed or allegedly committed by any of the Insureds in their capacity as such:

a. termination, whether actual or constructive, of an employment relationship in any manner which is against the law or wrongful;
b. wrongful demotion, wrongful failure to hire, promissory estoppel and intentional interference with contract, which arise from an employment decision to employ, terminate, evaluate, discipline, promote or demote;
c. defamation, infliction of emotional distress or mental anguish, humiliation, false imprisonment, invasion of privacy and other personal injury allegations which arise from the terminating, disciplining, promoting or demoting of an Employee;
d. breach of an implied employment contract and breach of the covenant of good faith and fair dealing in such implied employment contract;
e. Discrimination;
f. Harassment;
g. violation of the Family Medical Leave Act or similar state or local law;
h. violation of the Uniformed Services Employment and Reemployment Rights Act; breach of an Employee’s federal, state or local civil rights including but not limited to any violation of the Civil Rights Act of 1886 or 42 U.S.C. Section 1983;
j. Retaliation against any Insured;
k. wrongful deprivation of career opportunity or negligent evaluation;
l. negligent retention, supervision, hiring, or training, which results in any of the other offenses listed in this definition; or
m. failure to provide or enforce consistent workplace or employment-related corporate policies and procedures.

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/or 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 covers 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 indicated limit. Similarly, if your Declarations Page indicates you have purchased the Cyber Liability Endorsement, you have coverage for defense of privacy breaches up to the indicated limit.

How does my policy respond to COVID-19 vaccine mandates? 

Professional liability resulting from clinical or administrative decisions made in good faith compliance with applicable state law and executive orders regarding any COVID-19 vaccine mandate, including any alleged transmission of COVID-19 by an insured healthcare provider to a patient arising out of direct patient treatment, is covered under the broad definitions above subject to all other policy terms and conditions. 

Evidence of intentional disregard for state law or executive orders could result in a denial of coverage under your policy’s exclusion for fraudulent/criminal acts. 

How does my Employment Practices Liability endorsement respond to employee COVID-19 vaccine mandates? 

Your Employment Practices Liability endorsement provides coverage for damages for a wrongful employment act arising out of discrimination, subject to all other policy terms and conditions. This would include allegations of discrimination on the basis of religion or disability arising from enforcement of an employee COVID-19 vaccine mandate. This broad definition of wrongful employment act also includes coverage for claims of wrongful termination or demotion arising from the enforcement of a vaccine mandate. 

In general, allegations of any violations of any union rules or wage and hour regulations are not covered. Not all policyholders have purchased Employment Practices Liability coverage. Please contact your underwriter for questions regarding your exact coverage. 

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.

* Discrimination means termination of the employment relationship, a demotion, or failure or refusal to hire or promote or denial of an employment benefit or the taking of any adverse or differential action because of race, color, religion, age, sex, disability, pregnancy, sexual orientation, genetic makeup, or national origin, or any other basis prohibited by federal, state or local law.

* Wrongful Employment Act means any of the below, whether actual or alleged, but only if employment-related and claimed by or on behalf of an Employee, and only if committed or allegedly committed by any of the Insureds in their capacity as such:

a. termination, whether actual or constructive, of an employment relationship in any manner which is against the law or wrongful;
b. wrongful demotion, wrongful failure to hire, promissory estoppel and intentional interference with contract, which arise from an employment decision to employ, terminate, evaluate, discipline, promote or demote;
c. defamation, infliction of emotional distress or mental anguish, humiliation, false imprisonment, invasion of privacy and other personal injury allegations which arise from the terminating, disciplining, promoting or demoting of an Employee;
d. breach of an implied employment contract and breach of the covenant of good faith and fair dealing in such implied employment contract;
e. Discrimination;
f. Harassment;
g. violation of the Family Medical Leave Act or similar state or local law;
h. violation of the Uniformed Services Employment and Reemployment Rights Act; breach of an Employee’s federal, state or local civil rights including but not limited to any violation of the Civil Rights Act of 1886 or 42 U.S.C. Section 1983;
j. Retaliation against any Insured;
k. wrongful deprivation of career opportunity or negligent evaluation;
l. negligent retention, supervision, hiring, or training, which results in any of the other offenses listed in this definition; or
m. failure to provide or enforce consistent workplace or employment-related corporate policies and procedures.

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

NATIONAL

American Medical Association (AMA) 

• COVID-19 Resource Center for Physicians

American Hospital Association (AHA) 

• Updates and Resources on Novel Coronavirus (COVID-19)

American Psychiatric Association (APA)

• COVID Resource page

ECRI

• ECRI COVID-19 Resource Center

U.S. Department of Health and Human Services (HHS) ASPR TRACIE:

• COVID-19 Workforce Virtual Toolkit

STATE - Medical Associations

Idaho Medical Association

• Coronavirus Resources for Physicians

Oregon Medical Association (OMA)

• COVID-19 Update

Washington State Medical Association (WSMA)

• COVID-19 Response

Wyoming Medical Society

• COVID-19 Resources

STATE - Hospital Associations

Alaska State Hospital and Nursing Home Association (ASHNHA)

• COVID-19 in Alaska

Idaho Hospital Association (IHA)

• Coronavirus (COVID-19)

 Oregon Association for Hospitals and Health Systems (OAHHS)

• Oregon Coronavirus Updates — Our Health Oregon

Washington State Hospital Association (WSHA)

• Coronavirus (COVID-19) Resources

State Snapshot: A COVID-19 Report - A report that shares state responses to combat the COVID-19 outbreak
Source: Stateside Government Relations
Date: June 30, 2021

State Vaccine Snapshot - A report that shares links to each states' vaccination plan
Source: Stateside Government Relations
 

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)