Wage & Hour Coverage - Does your Employment Practices Liability Have It?

Wage & Hour coverage should be a part of your Employment Practices Liability Policy!  Wage & Hour Claims arise from employees’ or former employees’ allegations of violations of laws (Federal and/or State) of how they were or were not paid.  Such a claim would bring forth an allegation of unpaid overtime, unpaid vacation time, etc.  This is also where it is important that your employees are classified correctly as “Exempt” status or “Non-Exempt” status, which affects how wages are handled.  If an employee is classified incorrectly, the case can become quite technical and defense costs can skyrocket.  These cases can also be very expensive if settled.   Wage & Hour Coverage can be included in the policy form or added by endorsement.  Some carriers will charge additional premium for this coverage.  It is also, as a general underwriting rule, sublimited, to a limit of $100,000 or $250,000 for example, due to the nature of th ...
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Vicarious liability

Vicarious liability is a legal doctrine in which a party is held legally responsible for the negligence of another because of its relationship to the wrongdoer. Courts have generally used the employer-employee or the agency principle to hold medical entities vicariously liable for the negligence of its health care providers This is one of the most important areas of medical malpractice insurance to look into; to make sure you've got all of the entities and clinics and facilities with which you are affiliated insured. The fact is that any entity, not only a person, can be named in a medical malpractice insurance claim, and eventually held liable for damages.  Hospitals can therefore be asked to pay damages for any number of reasons, such as direct negligence, premise liability, etc.  This concept called:  Vicarious liability is indirect legal liability.  In most circumstances, this arises from an employer-employee relationship.  Vicarious liability can also ...
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Compliance Helper

One of our consulting partners, Compliance Helper ™ has created a ‘disruptive innovation’ using a cloud computing model and a personal assistant to help your medical practice get compliant and remain compliant and prove compliance, in this new highly regulated and demanding post hi tec legislative era.  Ask us about working with Compliance Helper’s Security and Privacy expert to deliver a complete privacy and information security program including compliance with HIPAA, HITECH, Red Flags Rule, and many other regulations.  With the government’s renewed focus on confidentiality of ‘e records’ (a tightening of Hipaa’s requirement of protecting patient records from 1996), medical practices are hustling to implement and learn all that they can.  The Doctors’ Insurance Agency has compliance programs that you can self initiate by going online with TDC and/or, we can arrange for one of the experts to work with you on an affordable monthly plan t ...
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Improper payments may be over or under payments received by Medicare

Under payments occur when the medical record i ndicates that something more complicated was perforrmed.  The RAC Audit can reveal both problems.  The RACs have been retained to uncover inappropriate paymentws made on claims of healthcare services provided to medicare beneficiaries.     96% of the inappropriate payments are overpayments resulting in over 1 Billion collected.  Overpayments occur when providders submit claims that do not meet CMS coding.  Just three RACs are retained to find inappropriate payments, the othwr three look for situations where MediCare should not have paid at all because other insurance was in place covering the service.  It is imperative that physicians and practice groups contact their medical malpractice Carrier for resources to help them prior to being named in an audit:  Educate staff about coding:  Develop a RAC Compliance plan, Designate a RAC response team and leader (this is where our Mediguard Plus comes through for o ...
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Malpractice, Professional Liability Newsletter

In Crittenden (Malpractice, Professional Liability Newsletter out of Novato California (our neighbor providing us with information on trends and developments in this market), we learn that Insurers are expecting to provide professional liability for more dentists as the economy recovers. Companies are looking to add benefits to accommodate the 1.5 million workers who have been added to the non farm, non temp job rolls since February of last year.

Because of an increase in demand for dentists, the liability rates will go up in the coming months.

At the moment, however, TDC offers competitive rates for general dentists, Orthodontists and Oral and Maxillofacial Surgeons.

                                              

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