Department of Labor Curtails Healthy Habits

Posted on January 19, 2008 by Dr. David Edward Marcinko MBA MEd CMP™

New DOL Regulatory Guidelines Seem Paradoxical

Staff writers 

New regulatory guidelines from the Department of Labor [DOL] may curtail the ability of employers to motivate workers and employees to kick unhealthy habits.  

According to a report in the Wall Street Journal, the guidelines close a legal loophole that could have allowed employers to make health insurance more expensive for unhealthy workers than for their colleagues. 

High Deductible – HCPs 

Some employers have incorporated a form of supplemental insurance into their wellness programs under which workers enroll in an employer sponsored high-deductible health care plan [HD-HCP] and can offset the deductible by earning “wellness credits” for meeting certain health benchmarks – such as weight control or cholesterol levels – issued under a separate supplemental policy.  

Legal Opinions and Risk Management Concerns

But lawyers, benefits managers and risk management consultants have voiced concerns that such programs could hurt employees with health problems, as unhealthy employees could face insurance deductibles more than $1,000 higher than healthier co-workers. 

Conclusion 

And so, is this fair or not – and – does it promote the public good?

Filed under: Health Law & Policy | Tagged: | Leave a comment »

Revisiting Medical Malpractice Insurance

Posted on January 19, 2008 by Dr. David Edward Marcinko MBA MEd CMP™

Further Liability Considerations for Physicians

By Staff Writers 

Product Details 

As a physician or other medical professional, you are no doubt suffering under the spiraling premium payments for malpractice insurance. So, always take the time to review your policy often and consider the following evolving issues.

New Considerations for 2008 … and Beyond

·Perhaps your practice has specialized as your reputation has grown?

 · Has your insurance agent designed a policy around the needs of your office? 

Do not pay for coverage you would not use, and certainly do not leave gaps in your coverage so as to bear the risk of losses yourself.  A series of riders and endorsements from an insurance company will create a more specialized policy that addresses your insurance needs. 

Staying within Policy Scope

With respect to the scope of malpractice coverage, many liability insurance policies will deny coverage if an intentional tort is alleged.

One example of an intentional tort is intentional infliction of emotional distress, which doctors may need to defend against if they misdiagnose a patient while having a financial interest in the treatment of the diagnosis.  

Battery is another intentional tort with which doctors are often charged. 

Battery can be defined as any injurious contact without consent. The necessity of obtaining informed consent from each patient is becoming increasingly important as a defense against such claims.

Intentional torts are to be distinguished from torts of negligence, which are usually covered under most liability insurance policies.  Negligence claims arise out of mistakes usually attributable to carelessness. 

Make sure your insurance policy extends to intentional torts to prevent these kinds of cases from being denied coverage by your insurance company.

Policy Limit Considerations

In addition, carefully consider the policy limits of your insurance.  Do not accept the customary limits proposed by the insurance company. 

Instead, research the minimum amounts of coverage required in the location in which you practice, and adjust that upward to reflect the factors that cause malpractice judgments to increase.

Such factors include the clientele that you serve, the speed with which you must make medical decisions, the hospitals and surgical centers with which you are affiliated, and the relative cost of repairing damage made by an erroneous decision.

Conclusion 

And so, have you ever been sued for a cause other than strict medical negligence; an intentional tort, for example? 

More information: http://www.jbpub.com/catalog/9780763733421

Product Details

Filed under: Professional Liability | Tagged: | 2 Comments »