The National Telehealth Webinar Series March 16, 2017

Transcription

1 The National Telehealth Webinar Series March 16, 2017 Presented by The National Consortium of Telehealth Resource Centers

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3 Webinar Tips & Notes Your phone &/or computer microphone has been muted Time is reserved at the end for Q&A Please fill out the post-webinar survey Webinar is being recorded Recordings will be posted to our YouTube Channel BSF3QK-yg

4 Considerations for Telehealth Providers When Negotiating for Malpractice Insurance Presented by Larry Hansard, Arthur J. Gallagher & Co.

5 Telehealth Insurance Considerations MARCH 16, ARTHUR J. GALLAGHER & CO. BUSINESS WITHOUT BARRIERS

6 Telehealth versus Telemedicine 2016 ARTHUR J. GALLAGHER & CO. BUSINESS WITHOUT BARRIERS 6

7 Telehealth is different from telemedicine because it refers to a broader scope of remote healthcare services than telemedicine. While telemedicine refers specifically to remote clinical services, telehealth can refer to remote non-clinical services, such as provider training, administrative meetings, and continuing medical education, in addition to clinical services. Telemedicine is the use of medical information exchanged from one site to another via electronic communications to improve a patient s clinical health status. Source: American Telemedicine Association 2016 ARTHUR J. GALLAGHER & CO. BUSINESS WITHOUT BARRIERS 7

8 Medical Professional Liability Issues 2016 ARTHUR J. GALLAGHER & CO. BUSINESS WITHOUT BARRIERS 8

9 Licensure is the Major Issue! Where is the patient? Does your policy exclude claims brought for actions provided in a state where the practitioner is not licensed? 2016 ARTHUR J. GALLAGHER & CO. BUSINESS WITHOUT BARRIERS 9

10 International Telemedicine is Coming! Can your policy respond? 2016 ARTHUR J. GALLAGHER & CO. BUSINESS WITHOUT BARRIERS 10

11 The Plaintiff's Demand for Damages Was What????? 20 Camels 2016 ARTHUR J. GALLAGHER & CO. BUSINESS WITHOUT BARRIERS 11

12 Is Coverage Excluded Based on Individual State Interpretations of Telemedicine? Always get specific endorsements affirming coverage on gray issuses ARTHUR J. GALLAGHER & CO. BUSINESS WITHOUT BARRIERS 12

13 Radio & Television Appearances Yes! Some viewers will sue over advice given in such interviews! 2016 ARTHUR J. GALLAGHER & CO. BUSINESS WITHOUT BARRIERS 13

14 Routine Policy Enhancements Defense is required even if the allegations are groundless. Incident Reporting Punitive Damages Sexual Abuse/Molestation 2016 ARTHUR J. GALLAGHER & CO. BUSINESS WITHOUT BARRIERS 14

15 How Do Coverage Limits Apply? Most Telemedicine Providers Utilize Shared Limits 2016 ARTHUR J. GALLAGHER & CO. BUSINESS WITHOUT BARRIERS 15

16 How Is Your Policy Rated? A Per Patient Encounter and Audit Feature Usually Makes Sense 2016 ARTHUR J. GALLAGHER & CO. BUSINESS WITHOUT BARRIERS 16

17 Technology Exposures It s a whole new world!!!!!! 2016 ARTHUR J. GALLAGHER & CO. BUSINESS WITHOUT BARRIERS 17

18 Technology Errors & Omissions Exposure to Non-Patient Third Parties 2016 ARTHUR J. GALLAGHER & CO. BUSINESS WITHOUT BARRIERS 18

19 Cyber Liability Carefully Consider Your Limits Healthcare = #1 Target Source: Ponemon Institute Study

20 Cyber Liability Exposures A Complete Privacy (Cyber) Liability Includes: First Party Exposures Forensics Legal Advisory Notice Credit Monitoring Business Interruption Third Party Liability Defense & Indemnification 2016 ARTHUR J. GALLAGHER & CO. BUSINESS WITHOUT BARRIERS 20

21 Reputational Risk

22 Other Necessary Coverages These are needed for most any enterprise. General Liability Property Automobile Liability Workers Compensation Umbrella Liability Directors & Officers Liability Employment Practices Liability Fiduciary Liability (Only needed if you have ERISA plans) Crime 2016 ARTHUR J. GALLAGHER & CO. BUSINESS WITHOUT BARRIERS 22

23 Larry W. Hansard (972) ARTHUR J. GALLAGHER & CO. BUSINESS WITHOUT BARRIERS

24 Thank You!!!!!!!!! Larry W. Hansard Regional Managing Director, Healthcare Practice 2016 ARTHUR J. GALLAGHER & CO. BUSINESS WITHOUT BARRIERS

25 The National Telehealth Webinar Series 3 rd Thursday of every month Next Webinar: Telehealth Topic: Engaging Providers with Telehealth Technology Presenter: NETRC; Students from University of Boston School of Public Health Date: Thursday, April 27th Times: 8:000AM HST, 10:00AM AKDT, 11:00AM PDT, 12:00PM MDT, 1:00PM CDT, 2:00PM EDT

26 Your opinion of this webinar is valuable to us. Please participate in this brief perception survey: TRC activity is supported by grants from the Office for the Advancement of Telehealth, Federal Office of Rural Health Policy, Health Resources and Services Administration, DHHS