|
|
Recent News & Hot Industry Topics |
|
|
|
| |
The NJ Supreme Court has recently ruled that the waiver provision under the NJ affidavit of merit statute applies if the plaintiff makes a "good faith effort" to comply.
In Ryan v. Renny, the Court held that the plaintiff could use an expert against a gastroenterologist, even though he was not board certified in that specialty, pursuant to N.J.S.A. 2A:53A-41.
This decision is a major setback, and comes on the heals of a small victory for NJ physicians, when the NJ Supreme Court in (Paragon Contractors, Inc. v. Peachtree Condominium Association) held that the time limit to file an affidavit of merit is not tolled if a judge fails to hold a case conference.
Case conferences were initiated as a result of Ferreira v. Rancocas Orthopedic Associates.
|
| |
In a NJ Appellate Division case (Patel v. Associates in Obstetrics and Gynecology, PA) an employee was responsible for purchasing her own tail after terminating employment with the practice.
According to the decision, the employment agreement required the group to provide insurance to its employee during her employment, but did not address tail coverage.
For more information on dealing with tail coverage, visit our helpful article section, or contact Brian Kern at bsk@insuranceagent.com
|
| |
The model jury charge for apparent authority has been approved as of 6/10.
In October of 2008, a NJ Appellate court ruled that a hospital can be found liable for the acts of an anesthesiologist, even if she is an independent contractor under an apparent authority theory of vicarious liability.
In its decision, the Court explained how hospitals and ASC's can avoid these claims.
Anesthesiologists should take note. In May, 2009, the trial court permitted leave for the hospital to file an amended complaint to include a cross claim against the anesthesia group for contractual indemnity.
|
| |
Once again, the NJ Dept of Banking and Insurance (DOBI), has successfully acted to extend the notice of claim date for former MIIX Insureds (see article section for more details). The new bar date has been set at April 9, 2011, which will allow physicians to report claims that would have otherwise been covered by MIIX to be covered by the NJ State Property-Liability Insurance Guaranty Fund (PLIGA).
Several groups, including NJ Physicians (click attached letter), encouraged DOBI to act for the benefit of former MIIX insureds, and it has answered these calls.
Prior MIIX News:
The MIIX notice of claim date, which was initially set at April 9, 2009, was extended until April 9, 2010. This will allow former MIIX policyholders to submit medical malpractice claims to PLIGA and receive the $300,000 of coverage until that time. Thereafter, physicians must secure \\\"GAP\\\" coverage, or become personally liable.
Argent Professional can help advise physicians on the best way to protect themselves from future claims. For a detailed analysis, visit our \"helpful article\" section, read our attached \"white paper,\" or contact our office.
|
| |
Med Pro RRG has teamed with its affiliate, Medical Protective, the nation's oldest and largest medical malpractice insurance company, to provide New York physicians with a unique insurance option.
Highlights include:
- AM Best A++ Rating
- No Capital Contribution
- No Assessments
- Claim-Free Credits
- 'Consent to Settle' Clause Available
- Both Occurrence and Claims Made Form Options
- Free Tail (for those who permanently retire and meet all policy requirements)
- Robust Risk Management Resources
For more information, please contact Brian Kern at bsk@insuranceagent.com
|
| |
A bill in the NJ Legislature sets out a host of new requirements for captives, and originally included risk retention groups, to follow if they are operating in the State.
In June, all language pertianing to Risk Rentention Groups was removed.
|
| |
The NJ Legislature has reportedly signed a new law requiring managed care companies to accept assignment of benefits, but it will not take effect until 2011.
To read the bill, click the link below.
|
| |
A bill sponsored by Senator Weinberg and Senator Vitale recently passed, requiring medical malpractice insurers in NJ to receive approval before increasing or decreasing premiums less than 5%, or more than 15%.
To read the bill, click below.
|
| |
NJ Senate Bill S3015 (Beck), would create a four-year statute of limitations; force plaintiffs to state specific causes of actions, and experts to base affidavits on "scientific clinical evidence," as well make additional changes to the NJ medical malpractice tort system.
To read the entire bill, click below.
|
| |
Health Net of NJ, a NJ managed care company, appealed a lower court decision that held that Wayne Surgical Center, LLC, and ambulatory surgery center, did not violate the law under a number of theories related to patient self-referrals, and waiving copayments for out-of-network patients that received treatment at the ACS.
Since the initital decision, the "Codey Law" was changed to permit physicians to refer patients to a surgery center that they have an ownership interest in, as long as certain conditions are satisfied.
The appellate division upheld the lower courts decision in an unpublished opinion, finding that Wayne's self-referrals, and waiving of coinsurance did not amount to fraud under the Insurance Fraud Protection Act (IFPA), or an otherwise illegal act.
|
| |
The New Jersey Department of Health and Senior Services Released its report on hospital medical errors, the "2009 Hospital Performance Report"
For more details and to view the report, visit http://web.doh.state.nj.us/apps2/hpr/
|
| |
NJ Bill S2471 (Sweeny/ Weinberg/ Vitale) prohibits hospitals from billing a patient or third party payer for costs associated with a condition that is subject to the hospital acquired condition payment provisions of the Medicare program.
Thanks to aggressive lobbying efforts, physcians no longer have any requirements or limitations under the bill.
For more information, contact Jay Hedden, Esq. at jhedden@njphysicians.com
|
| |
Governor Corzine signed Bill S787 into law on Monday March 24, 2009, attempting to clarify the circumstances under which physicians can refer to ASC\'s in which they have a financial interest.
Argent Professional specializes in securing coverage for all healthcare facilities. For more information, email bsk@insuranceagent.com
|
| |
After the NJ Department of Banking and Insurance (DOBI) revised its fee schedule for medical services provided under personal injury protection (PIP) benefits, several groups attempted to challenge it, claiming it was arbitrary.
The Appellate Court rejected the challenge, though it enjoined DOBI from using the Ingenix UCR database.
To read the opinion, click the attached link.
|
| |
Argent Professional Insurance Agency, LLC, the leader in medical professional liability insurance for physicians, is pleased to announce its wide array of solutions for healthcare facilities, including ambulatory surgery centers (ASCs) and MRI/ Imaging Centers through "admitted" carriers.
Argent Professional can now offer qualifying healtcare facilities "occurrence" polices, as well as claims-made conversion policies. Other highlights include: No deductible, permanent extended reporting coverage (tails), and AM Best "A++" rated carriers.
For more information regarding the program, contact Scott Parker at sjp@insuranceagent.com
|
| |
The NJ Supreme Court recently held that a series of problems occurred at the trial level in a spina bifida medical malpractice lawsuit that could have led to the jury awarding more than $70 million to the plaintiffs.
The case has been remanded for a new trial.
|
| |
After July 31, 2009, the NJ State Property-Liability Insurance Guaranty Association (PLIGA), which provides $300,000 in coverage when an \"admitted\" carrier becomes insolvent, will no longer cover claims that PHICO Insurance Company would have covered.
Former PHICO insureds should review the time period when they were insured by PHICO to determine whether they have ever seen patients that experienced bad outcomes, or whether any circumstances that could potentially lead to a claim exist.
If so, these matters should immediately be reported to PLIGA. For more information, email Brian Kern, Esq., at bsk@insuranceagent.com
|
| |
The proposed amendments to medical malpractice reporting requirements have now been codified (N.J.A.C. 11:1-7.3). Under the new law, physicians that obtain a defense verdict in a medical malpractice lawsuit will not have to report the case to the NJ Medical Practitioner Review Panel. Note:
"The notification requirement set forth ..... shall not apply to payments made under agreements for minimum and maximum payments irrespective of the verdict (commonly referred to as high/low agreements) where there is a finding by an arbitrator or a verdict in a civil action of no liability on the part of the practitioner"
The comment period on DOBI's proposal containing the specific amendments to High/ Low reporting requirements ended June 19, 2009.
On 10/28/08, The NJ DOBI issued a bulletin to announce that it would revise the current reporting guidelines in medical malpractice cases, which require physicians to report all cases that have high/ low agreements to the Medical Practitioner Review Panel. The revision would no longer require a physician to report a case that ends in a defense verdict, and therefore would not be available on the NJ Health Care Profile website.
|
| |
Bill S132, introduced by Senator Nick Scutari, would establish a private right of action for insureds that claim their carriers have used unfair claims settlement practices in a case.
It would also allow for the recovery of actual losses plus interest, incidental and consequential damages, court costs and reasonable attorney's fees.
Moreover, punitive damages would be allowable when, "actual malice or wanton and willful disregard of persons who foreseeably might by harmed by the insurer's acts or omissions" is demonstrated.
Currently, the risk of an excess judgment in a professional liability (e.g. medical malpractice) case is shifted from the insured to the carrier via common law. S132 would add punitive damages, which would likely have an impact on professional liability insurance premiums.
|
| |
The NJ State Bar Association is supporting a bill (A-2858, S-1815) to reduce the statute of limitations to file a legal malpractice claim to two years, while keeping the discovery rule in tact. The bill would also limit the awarding of attorney fees.
To read a copy of the bill, click below.
|
| |
Argent Professional Insurance Agency, LLC, has completed its reorganization from McLachlan Kane Insurance Agency, Inc., remaining the largest NJ-based writer of medical professional and accounting professional liability insurance.
The reorganization allows Argent Professional to focus exclusively on the professional liability markets; maintaining its access to the financially strongest companies, and continuing its reputation for securing the best possible coverage for the lowest available rates for all of its clients.
|
| |
Retired physicians holding a NJ license were recently notified that as a prerequisite of license renewal, they would need to submit a current copy of a medical malpractice insurance certificate. This rule has been changed.
Physicians in an "Active, Reduced Fee Status" no longer need to carry medical malpractice insurance, unless they continue to see patients. The NJ State Board of Medical Examiners explains, "Licensees in this status who do not maintain an office or practice out of a clinic, but do provide occassional medical service to family or friends would not be required to maintain malpractice coverage."
|
| |
The NJ Department of Banking and Insurance issued a bulletin to advise producers that physicians eligible for medical malpractice insurance through an admitted carrier should not obtain coverage through the "non-admitted" market unless specific conditions are satisfied.
As alternative sources for professional liability insurance continue to emerge, physicians should confirm that both DOBI and BME requirements are satisfied before examining the products.
|
| |
Brian S. Kern, Esq., gave two presentations at the 2009 Practice Manager Conference at Bally's hotel in Atlantic City.
The topic for both presentations was Risk Management, and the first was given with NJ Physician President, Ronald White, MD, JD.
Mr. Kern also runs the MGMA Affiliate section along with Affiliate chair Ruth Harris. For more information on joining MGMA of its affiliate section, visit www.njmgma.com
|
| |
The NJ DOBI issued a proposal in response to concerns related to reserve levels and reinsurance treaties that some insurance carriers writing in NJ carry.
NJ Physicians, a statewide advocacy group, in conjunction with its \\\"medical malpractice defense panel,\\\" which is a group of the top med mal defense attorneys in NJ, provided commentary for the Department.
The comment period expired on May 2, 2008, and the proposal has not yet been adopted.
|
| |
As part of an article discussing the problems that mammographers face, Imaging Economics interviewed Brian Kern, Esq., and included several quotes.
To read the entire article, click the following link: http://www.imagingeconomics.com/issues/articles/2009-04_02.asp
|
| |
| |
|
|