The following resources have been compiled to support you during the COVID-19 outbreak and answer questions about liability.
More comprehensive COVID-19 resources, alongside additional risk management topics, can be found in the Resource Library located in the risk management area of our website.
Last updated 6/1/20 with:
- a guide from PYA detailing COVID-19 relief funding and obligations breakdown in RESOURCES AND NEWS (Finance & Billing).
- links to live webinars on billing relief as well as clinical topics in EDUCATION - WEBINARS.
- public service video #9 from WSMA in our sidebar.
- an updated State and Local Government Report in RESOURCES AND NEWS (Govt Relations).
Dear Member,
This is an unprecedented time of challenge in healthcare. And while there are currently more questions than answers out there—and more needs than resources to meet them—one thing you can count on is:
Physicians Insurance has your back!
We are here to support and protect you as you support and protect the health of our communities. Our policy form has always been broad, covering a wide range of circumstances and situations. And our website is filled with tools and resources to help you make decisions for your practice, and guidance on how to engage with and care for your patients.
Please continue to exercise good clinical judgment and prioritize patient health and safety above other concerns, regardless of the modality in which you deliver care. And count on Physicians Insurance to be in your corner with coverage and information to help you deliver safe care to your patients and community. Should liability arise in the future, Physicians Insurance will work with defense counsel to ensure that any and all defenses (good Samaritan laws, etc.) are made. If you have questions about specific coverage areas, please call your underwriter. Know that Physicians Insurance, and our panel of expert defense attorneys and claim professionals, are here to make sure you’re defended and protected.
In times like these, one benefit of being part of a mutual company is more apparent than ever: we are in this together, and we will stand by you.
We remain fully operational and accessible. Please feel free to call us at (800) 962-1399 or explore this website for resources.
During this time of unprecedented challenge and crisis, Physicians Insurance is extending its premium payment terms to 90-days past due. No policy will be cancelled for non-payment of premium until further notice. The extension of the grace period does not eliminate the obligation to pay the premium, but limits policy cancellation for late payment. Please contact us at underwriting@phyins.com to establish alternative payment plans.
Effective 4/13/20, Physicians Insurance is waiving the 2.5% service fee on monthly installment billing plans for the remainder of the year. This applies to all policyholders in all states. We are also allowing policyholders to transition from a quarterly installment plan to a monthly plan in order to provide them with cash flow relief; arrangements for this type of transition should be made directly with the underwriting department. (Note: Invoices printed April 13th do not include service fees.)
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:
- bodily injury;
- physical injury to or destruction of tangible property;
- violation of the right of privacy of a patient of an insured; or
- 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.
NATIONAL
American Medical Association (AMA)
- COVID-19 Resource Center for Physicians, includes:
- How to Prevent, Diagnose, Treat
- AMA Physicians Guide to COVID-19
- AMA Quick Guide to Telemedicine
American Hospital Association (AHA)
- Updates and Resources on Novel Coronavirus (COVID-19), includes:
- Protecting Health Care Workers
- Supplies and Personal Protective Equipment (PPE)
- Telehealth and Virtual Care
- Information for Patients and Communities
- AHA Members-Only Resources
American Psychiatry Association (APA)
- COVID Resource page, includes:
- Crisis support lines
- COVID-19 & Mental Health
- Psychiatric Practice Guidance
- Resources for families, healthcare leaders, and community leaders
- Complimentary webinars
STATE - Medical Associations
Idaho Medical Association
Oregon Medical Association (OMA)
Washington State Medical Association (WSMA)
Wyoming Medical Society
STATE - Hospital Associations
Alaska State Hospital and Nursing Home Association (ASHNHA)
Idaho Hospital Association (IHA)
Oregon Association of Hospitals and Health Systems (OAHHS)
Washington State Hospital Association (WSHA)
PROGRAMS
Paycheck Protection Program (PPP) - A part of the federal stimulus package (a.k.a. CARES Act), the Paycheck Protection Program is a loan designed to provide a direct incentive for small businesses to keep their workers on the payroll. The U.S. Small Business Administration will forgive loans if all employees are kept on the payroll for eight weeks and the money is used for payroll, rent, mortgage interest, or utilities. (April 2, 2020)
Economic Injury Disaster Loan Emergency Advance (EIDL) - This loan advance will provide up to $10,000 of economic relief to small businesses (under 500 employees) that are currently experiencing temporary loss of revenue. (April 2, 2020)
DOWNLOADS
COVID-19 Relief Funding, Loan Sources, And Obligations Breakdown
Source: PYA
Date: May 29, 2020
Stark Law Blanket Waiver Checklist
Stark Law waivers under COVID-19 allow greater flexibility in financial arrangements with physicians who may be negatively impacted by the pandemic. This checklist from PYA addresses key considerations.
Source: PYA
Date: April 2, 2020
ARTICLES
Telemedicine True-Up: Provider Pricing Post-Pandemic
Source: PYA Insights
Date: May 22, 2020
Accounting for Medicare Advance Payments and Relief Fund Payments
Source: PYA Insights
Date: April 14, 2020
Relief Fund Payments Arriving in Provider Bank Accounts – with Strings Attached
Source: PYA Insights
Date: April 10, 2020
Ensuring Provider Cash Flow During the COVID-19 Pandemic—Medicare Advance Payments
Source: PYA Insights
Date: March 30, 2020
Take These Actions NOW in Preparing to Quickly Apply for a CARES Act “Small” Business Paycheck Protection Loan
Source: PYA Insights
Date: March 30, 2020
$100 Billion-Plus in CARES Act for Healthcare: 3 Ways to Get It
Source: HealthLeadersMedia.com
Date: March 29, 2020
Trump Administration Provides Financial Relief for Medicare Providers
Source: CMS.gov
Date: March 28, 2020
5 Practical Revenue Cycle Initiatives During COVID-19
Source: PYA Insights
Date: March 27, 2020
COVID-19: 2020 State & Local Government Report
Source: Stateside Government Relations
Date: June 1, 2020
(Alaska - Physicians Insurance) Guidance - Expedited Licensure and Telemedicine Options During COVID-19
Source: Physicians Insurance
Date: May 14, 2020
Oregon:
(Federal-Washington-Oregon - Physicians Insurance) Guidance - EMTALA Implications for COVID-19
Source: Physicians Insurance
Date: April 16, 2020
(Oregon–Physicians Insurance) Guidance–Privacy Implications for COVID-19
Source: Physicians Insurance
Date: April 15, 2020 (Updated from March 30)
(Oregon–Physicians Insurance) Guidance–Childcare for Healthcare Providers During COVID-19
Source: Physicians Insurance
Date: April 23, 2020 (Updated from April 17 and March 23)
(Oregon–Physicians Insurance) Guidance–Retired Physicians and Other Limited Licensure Status During COVID-19
Source: Physicians Insurance
Date: April 23, 2020 (Updated from March 23, 2020)
(Oregon–Physicians Insurance) Guidance–Medical Volunteers and Medical Stations in Oregon During COVID-19
ource: Physicians Insurance
Date: March 27, 2020
(Oregon–Physicians Insurance) Guidance–Expedited Licensure and Telemedicine Options During COVID-19
Source: Physicians Insurance
Date: March 25, 2020
Washington:
(Federal-Washington-Oregon - Physicians Insurance) Guidance - EMTALA Implications for COVID-19
Source: Physicians Insurance
Date: April 16, 2020
(Washington–Physicians Insurance) Guidance–Childcare for Healthcare Providers During COVID-19
Source: Physicians Insurance
Date: April 7, 2020 (Updated from March 19, 2020)
(Washington–Physicians Insurance) Guidance–Retired Physicians and Other Limited Licensure Status During COVID-19
Source: Physicians Insurance
Date: March 30, 2020 (Updated from March 24)
(Washington--Physicians Insurance) Guidance–Privacy Implications for COVID-19
Source: Physicians Insurance
Date: March 24, 2020
(Washington--Physicians Insurance) Guidance–Expedited Licensure and Telemedicine Options During COVID-19
Source: Physicians Insurance
Date: March 19, 2020
(Federal - Physicians Insurance) Guidance - COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers
Source: Physicians Insurance
Date: May 14, 2020
(Federal-Washington-Oregon - Physicians Insurance) Guidance - EMTALA Implications for COVID-19
Source: Physicians Insurance
Date: April 16, 2020
(National – Physicians Insurance) Telehealth Informed Consent Onsite Visit with Second Provider
Source: Physicians Insurance
Date: May 2020
(National – Physicians Insurance) Telehealth Informed Consent for Patient at Home
Source: Physicians Insurance
Date: May 2020
Telemedicine Risk Management Considerations
Source: ASHRM
Date: 2018
LIVE WEBINARS - TRAVEL-FREE CME SERIES
Treatment Options for COVID-19
Date: June 3, 2020 | 12:00 p.m. PDT
Source: Oregon Heath & Science University
Speaker: Dr. Sukerman is an Assistant Professor of Medicine in the Division of Infectious Diseases; Co-director of Anti-microbial Stewardship at OHSU. She received her MD from Northwestern Feinberg School of Medicine in Chicago. Post-graduate training included an Internal Medicine residency and an Infectious Disease fellowship at Northwestern University.
Telehealth Primer: The Right Care at the Right Place at the Right Time
Date: June 10, 2020
Source: Oregon Heath & Science University
Speaker: Anthony Cheng, MD is an Assistant Professor of Family Medicine at OHSU. He received his MD from Feinberg School of Medicine Northwestern University in Chicago and completed his post-graduate training with a residency at OHSU. Dr. Cheng has a special interest in pediatrics and adolescent health, LGBTQ and transgender care, and medication-assisted treatment for opioid addiction. Pregnancy, mental health, integrative medicine and end-of-life care are also of particular interest to Dr. Cheng.
Speaker: Miles Ellenby, MD is a Professor of Pediatrics, Division of Critical Care at OHSU. Dr. Ellenby received his MD from University of Chicago's Pritzker School of Medicine. His post-graduate training included a residency in Pediatrics at Children's Hospital of Philadelphia, University of Pennsylvania and a fellowship in Pediatric critical care medicine at University of California San Francisco and Children's Hospital Oakland.
Speaker: Amber Hoffman, MSN, RN is the Manager of Clinical Education and Quality for the Telehealth Services Department at OHSU.
RECORDED WEBINAR - COMPLIANCE
COVID-19 Compliance Today and Tomorrow
Date: April 13, 2020
Source: PYA
As if regulatory compliance weren’t complex enough, along comes COVID-19; and, suddenly, healthcare organizations are finding a plethora of new rules, relaxed rules, rule waivers, and more. How best to sort through it? PYA will host a one-hour complimentary webinar to help answer your questions about some of the latest regulatory guidance related to:
- HIPAA/cybersecurity
- 340B
- Coding for telehealth
- Waivers (Stark, EMTALA, others)
- Emergency protocols and government actions/assistance
- Other key compliance and organizational considerations, including a COVID-19 regulatory compliance checklist
- Physician compensation, credentialing, and workforce staffing
RECORDED WEBINAR - CARE COORDINATION
AMA’s National Physician Townhall (open to the public)
Lessons From the Front Lines - COVID 19 - Requires email to register
Date: April 9, 2020
Source: AMA
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)
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)
ONLINE EDUCATION
COVID-19 Pulmonary, ARDS and Ventilator Resources
This complimentary, four-hour course does not offer continuing education credits and requires users to create a login in to access.
Learners are immersed in real-world ICU scenarios, while interactive elements encourage the development of safe and effective practices. The modules are divided into four units that cover:
- Analyzing ABGs and managing patients’ oxygen delivery including oxygenation and ventilation
- Caring for patients with acute respiratory failure and acute respiratory distress syndrome (ARDS)
- Administering care for patients requiring endotracheal intubation or invasive mechanical ventilation, and troubleshooting ventilators
- 4Managing patients on mechanical ventilation, including spontaneous awakening trials, neuromuscular blockade, prevention of complications, eaning from ventilation and extubation.
- Now Included: Key procedures from the ‘AACN Procedure Manual for High Acuity, Progressive and Critical Care’ are now available for free, courtesy of Elsevier.
Source: American Assocation of Critical Care Nursing (AACN)
LIVE WEBINARS (open to the public)
So You Have A PPP Loan. Now What? — A New PYA Webinar
Date: Wednesday, June 3, 2020
Source: PYA
RECORDED WEBINARS (open to the public)
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
STATE
ALASKA
Office of the Governor:
Health Mandate number 015 (April 21, 2020)
IDAHO
Idaho Rebounds:
Stages of Reopening (April 23, 2020)
OREGON
Oregon Health Authority:
GUIDANCE
Guidance on Resumption of Non-Emergent and Elective Procedures at Hospitals (April 30, 2020)
Hospital Attestation to Resume Non-Emergent or Elective Procedures (April 30, 2020)
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Guidance on Resumption of Non-Emergent and Elective Procedures at Ambulatory Surgical Centers (April 29, 2020)
Ambulatory Surgical Center Attestation to Resume Non-Emergent or Elective Procedures (April 29, 2020)
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Guidance on Resumption of Non-Emergent and Elective Procedures in Medical and Dental Offices, and Other Health Care Settings (April 29, 2020)
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Frequently Asked Questions Regarding Guidance for Resumption of Non-Emergent and Elective Procedures (May 6, 2020)
FRAMEWORK
Framework for Restarting Non-emergent and Elective Procedures in Hospitals and ASCs (April 23, 2020)
Framework for Restarting Non-emergent and Elective Procedures in Medical and Dental Offices (April 23, 2020)
WASHINGTON
Washington State Hospital Association (WSHA):
Reducing Restrictions on, and Safe Expansion of, Non-Urgent Medical and Dental Procedures – Proclamation by the Governor 20-24.1 (May 18, 2020)
Washington State Medical Association (WSMA):
Governor Inslee's proclamation restricting non-urgent procedures checklist (April 29, 2020)
WYOMING
Wyoming Department of Health:
COVID-19: Guidance from the Wyoming Department of Health on Resuming Elective and Non-emergency Procedures (April 24, 2020)
NATIONAL ASSOCIATIONS
American Medical Association (AMA):
Physician Practice Guide to Reopening (May 1, 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)
(National - Physicians Insurance) Consent to Treat During COVID-19 Pandemic
Source: Physicians Insurance
Date: May 12, 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
