Basics of Medical Malpractice Insurance – “Terms that every physician should know”

Your medical malpractice insurance quotes and policies have their own terms, which you need to understand. By having a basic knowledge of the key terms of malpractice insurance you can be a more informed buyer and avoid costly errors.

• Retro Date – There is no coverage for any wrongful act that occurred prior to the retro date. For example, if you have a retro date of 01/01/2001, you can submit a covered claim to your current carrier for claim that happened anytime after 01/01/2001. If the act occurred prior to your policy retro date, your carrier will not respond. Always make sure your retro date is maintained before changing your insurance company; if the date changes you loseWeight Exercise insurance coverage.

• Renewal Date- This is the date that the insurer has the right under your policy to change the price or terms of your coverage. You should get your renewal ideally 30 day prior, but no later than 2 weeks prior. Call your broker or insurer if your renewal offer is late.

• Claims Made Policy- Most Med Mal insurance policies are written on a claims made basis. A claims made malpractice policy covers any eligible claims brought during the claims made policy period. There are two events for claims made medical malpractice coverage to apply. The incident must have occurred during the policy coverage period (from the retro date going forward) and it must be reported during the active policy year.

• Tail Coverage or Extended Reporting Period – This is purchased when your claims made malpractice policy is cancelled: for retirement, the insurer non- renews your coverage or you cancel your coverage for any reason.

• Full Prior Acts Coverage- This is term for malpractice insurance quotes that means the insurer is covering you back to your retro date. Always check the date on the insurance quote or policy.

• Retro Date Inception Coverage- This means that the insurer is not covering your prior acts or back to your retro. They are only covering for acts that happened after your coverage goes into effect. If you buy this type of coverage, you should always buy tail coverage from your expiring/non-renewing insurance carrier to cover your retro date.

• Step Up Rate Adjustments- When you have a claims made policy the rate will increase each year until your retro date is a full 5 years old. The reason is, each year the insurer adds one more year of coverage to the retro. If you have a retro date younger than 5 years you will receive an increase, as the insurer adds to its risk of a claim.

• At five years completed retro date the policy is called a Mature Claims Made Policy. A Mature policy usually means that you will not have any additional premium increases unless you have changes to your risk (i.e. claims, new procedures…) or if the insurer decides to raise their overall prices.

• Occurrence Medical Malpractice Insurance- An occurrence malpractice insurance policy covers any claims that occur during any policy years that you had the coverage. You do not have to buy tail insurance with this type of coverage, because it covers wrongful acts that occurred during the policy period, whether the policy is currently active or not. Occurrence Med Mal is more expensive because it has more coverage and eliminates the need for tail coverage.

• Declaration Page- This page is normally toward the beginning of your insurance policy. It lists who is covered, the deductible, the limits of coverage, your retro date, your specialty, the effective date of the coverage and the annual premium. Always review the declaration page when you receive your policy and report any discrepancies to your broker or insurance carrier immediately.

• Policy Exclusions- Always read this section in your med mal policy, especially if you have surgical malpractice or OB med mal coverage. If services or procedures that you provide are listed as excluded, call your insurer and/or broker to discuss this immediately. If something is excluded, you have no coverage for that item.

HCP is national medical malpractice company who specializes in group medical malpractice insurance and surgical malpractice insurance.

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“Social Media Pitfalls for Surgeons Malpractice Insurance, OB/GYNS Malpractice Insurance and Cosmetic Surgeon Malpractice Loss Ratios”

If you have ever read your medical malpractice insurance policy, you may find that you have little or no coverage for HIPAA violations. Under HIPAA you are to protect patient’s medical information (the patient’s name, social security number, and services provided).
Many surgeons and OB/GYN’s fail to realize that even “friending” a client on a social network can create a possible HIPAA claim which your medical malpractice insurance may or may not cover. If you are a General Surgeon, Cosmetic Surgeon or OB/GYN and are sued for medical malpractice for a HIPAA violation this can lead to an increase in your malpractice insurance premiums. General Surgeon malpractice insurance, as with Cosmetic Surgeon malpractice insurance and OB malpractice insurance, can be extremely expensive, even with a clean record. When claims are filed due to violations of HIPAA due to social networking, the malpractice rates can increase significantly.

General Surgeon Malpractice Insurance, Cosmetic Malpractice Insurance, and OB/GYN Malpractice Insurance loss ratios can be protected from HIPAA claims by doing some simple risk management when it comes to social media. First, do not “friend” any current or past patients. If they invite you to be a friend, politely turn them down and inform them of your patient confidentiality policy. Also ask your employees to sign a practice policy informing them that they are not to “friend”, or be “friended”, on any patient’s social networking site. Let the employee know that apart from putting the practice at risk, they themselves could be named in a suit. Do not list a patient’s name or image of their face on your website without consulting your attorney.

Lastly, consider buying HIPAA liability insurance that will protect you for claims for HIPAA violations. The coverage is affordable and worth the expense.

HCP National is a medical malpractice insurance broker in NY, Malpractice Broker in TX, Medical Malpractice Broker in CA, Malpractice Broker in AZ, and a Medical Malpractice Broker in CO. This blog is a brief description of some risk management ideas and is not meant to be legal advice.

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Cosmetic and General Surgeon: How To Avoid Being Sued for Medical Malpractice Insurance

Being a surgeon can be challenging enough by itself; but, there is always the possibility that you will be sued as well.

Sometimes your gender can contribute to whether you will be sued. Studies show that female doctors are sued much less than male doctors. Apart from purchasing Medical Malpractice Insurance from a Medical Malpractice Company, it is also important to keep in mind the following risk management techniques:

1. The first thing a surgeon should do to minimize their Malpractice Insurance loss ratio is to be a good communicator. Patients and their family members do not like to be left in the dark when it comes to what could go wrong prior to the procedure. After the procedure, call the patient or their family caregiver to see how they are doing. By doing this you are showing that you care and understand their feelings. People do not normally sue the caring surgeon who shows he or she cares.

2. Another risk management tool to protect the Cosmetic Surgeon’s malpractice loss ratio is keeping good medical records. Switch to an ERM and learn to type. Legible and clear records are what can make or break Malpractice Insurance.

3. Finally, buy malpractice insurance from a good Medical Malpractice Company and keep it up to date for the procedures you are actually doing.

If you have Cosmetic Insurance Malpractice Insurance, General Surgeon Malpractice Insurance, or OB Malpractice Insurance and you want to keep your premiums low, slow down, and try to have and show empathy for your patients. A nice doctor is seldom sued.

HCP National is a medical malpractice insurance broker in NY, Malpractice Broker in TX, Medical Malpractice Broker in CA, and Malpractice Broker in AZ. This blog is a brief description of some risk management ideas and is not meant to be legal advice.

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Press Release: HCP National Insurance Services Announces it has a new reinsurance product for Medicare ACO’s.

(December 16, 2010, Aliso Viejo, CA)

William Dyer, President and Founder of HCP National, has announced their new reinsurance product for the proposed Medicare ACO’s. The final regulations have not been determined, but it appears that there will be downside risk and upside reward for providers and their facility partners. In response we have developed a reinsurance product to either insure the risk on a per patient or aggregate basis.

“We have reinsurance companies ready to issue quotes and bind coverage,” says William Dyer of HCP National. HCP National has been providing HMO reinsurance, Provider Stop Loss Reinsurance, and CMS demonstration project reinsurance for past seventeen years. If it is in healthcare and has downside risk, we can reinsure it, whether it is HMO Reinsurance, Provider Stop Loss, or ACO Stop loss.

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Do Not Be So Quick To Give Up Control of Your Medical Malpractice Insurance When You Go To Work for a Hospital

As physicians align themselves with Hospitals, large groups or ACO’s they have to consider their Medical Malpractice Insurance. When you are solo you are the one in charge of your medical malpractice insurance. Now you may be considering relinquishing that control to the hospital, as you become their employee.

Remember, when there is a suit, they are suing you primarily and your employer is often secondary. It is you who will deal with the Medical Board, and the claims history, and the loss of reputation. So take a moment to ask some good questions:

1. Who is the hospital’s insurer, is it a self insured program. What if the Hospital has a financial crisis and I am in the middle of a claim? Who will pay for my defense?

2. If the hospital goes bankrupt what will happen to my prior acts coverage or current coverage?

3. Does the hospital cover Medical Board actions if so how much?

4. What are the limits of my malpractice coverage, will I have my own separate 1 million/3 million limit, or am I sharing this with other doctors. What will happen if the other doctors erode the policy limit, am I on my own?

5. Is the coverage occurrence or claims made; if the coverage is claims made medical malpractice will you buy my tail when I leave? How will you provide me proof that a tal was purchasedl? Also what will the limits be on my tail, and will the policy terms are the same?

6. What if I want to retire will you give me free tail?

7. Will you inform me when you make changes to the hospitals malpractice coverage, will I have a say if I do not like your planned changes?

8. Will Medicare/Medicaid billing fraud and abuse be covered?

9. Can I select my own attorney or do I have to use yours?

10. Can you force me to settle a case that I want to fight? Also what control do I have over allocation of settlement? Will payments be allocated against my record with the NPDB?

If any of the above makes you nervous. Negotiate with the hospital to have them reimburse you for your own medical malpractice insurance policy that you purchase on your own. This way you control your own insurance.

Then purchase an occurrence policy from an” A” (AM Best Category insurer) insurer. By buying occurrence medical malpractice insurance, when you leave the hospitals employ, you will have built in tail.

Parting thoughts, it appears great to leave the pressure of private practice and go work for a hospital, but remember the above before handing your medical malpractice protection over to your new employer.

HCP National is medical malpractice company broker. We provide medical malpractice in CA, NY, FL, TX and MI.

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Lower Cost Medical Malpractice Insurer for New York MD’s

If an insurer is admitted in the state of New York their rates are regulated, and filed with the state. This gives the policyholder the security that the insurance companies cannot charge whatever they choose, since the state of New York must approve it.

Admitted New York Malpractice insurers are also part of the state guarantee fund. The purpose of this fund is to be a backstop. This means that if an admitted insurer goes under and leaves policyholder uncovered for claims, the state fund will provide coverage.

Further, admitted NY Medical Malpractice insurers, such as MLMIC and PRI must contribute to the states high risk pool which inflates the cost of malpractice premiums. This contribution is one of the reasons why NY malpractice premiums are so expensive.

HCP National is proud to provide an alternative to the high cost options that the admitted NY malpractice market offers. We have access to a national Risk Retention Group who can now provide medical malpractice insurance in NY, in many cases at lower cost. The RRG was started by MD’s who were tired of the high cost of insurance.

Here are some of the features of the RRG:
• Claims Made Policy
• 600 physicians insured and growing with coverage in 20 states
• It is reinsured by an “A” rated insurer on a ground up 80/20 quota share. Meaning the “A” rated reinsurer takes 80% of the risk and the RRG 20%
• Physician Owned and Managed
• Non- Assessable Policy
• Risk Management for all members
• Affordable Deductibles
• Premium Financing
Risk Retention Groups are usually not as expensive, as the traditional admitted insurers since they are not required to pay into NY State’s high risk pool. If you are a NY MD, let us show you how to lower your cost on your medical malpractice insurance in NY.

HCP National is medical malpractice insurance broker in NY, Malpractice Broker TX, Med Mal Broker CA and Malpractice Broker in FL. This blog is a brief description of a new lower cost NY malpractice insurer’s coverage. Do not rely on this blog for an explanation of the coverage. Only a complete policy can describe coverage.

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How To Avoid Being Sued For Medical Malpractice

A recent study by the AMA says that male doctors are sued more than females, and the most sued are general surgeons and OB’s. This is not a surprise to us, our firm has been providing general surgeon medical malpractice and OB medical malpractice insurance for 16 years.

Both can have similar characteristics. They perform lots of surgical procedures and have a limited relationship with the patient, when compared to the patient’s family physician (exception when the OB is also the patients Gyn).

Why males over females, male general surgeons or Ob’s can have more tunnel vision, and be seen as less caring to their patients. Meaning they concentrate so hard on doing the procedure, that they can forget there is a scared person they are working on.

It is simple, physicians who are likeable are less likely to be sued. We have found this in our experience; doctors who are always hurried and not personable often have the most claims , and those who are not had the least. Studies show those MD’s who are the most kind to their patients do not get sued as often. Tips for an amicable doctor-patient relationship:

Sit down for a minute and be eye level, or if the patient is on the exam table have
him/her above you.

Talk at a normal pace and look them in the eye.

Force yourself to listen and ask questions to show you are listening and you care.

Explain the procedure and ask if they have any concerns and listen to them.

If possible call the patient the night before the procedure if you’re a surgeon, and or go see them in the hospital one more time than necessary. Talk with the family answer their questions or concerns.

Think about the person, this may be their first time in a hospital; they and their families are scared. For you this is another of many procedures, but for them this is a big event.

Slow down and show you care, and if the procedure goes wrong at least the patient and the family have a favorable image of you. Otherwise you become the faceless nameless, or worse the rude cold doctor who harmed them, or their family member.

Part of many malpractice claims is the sense of revenge or “that jerk has to pay”, this can be avoided with a little effort, by being more likable. What a surgeon , or OB/Gyn wants their image to be to their patients (and or the family) is to feel: Dr X is such a great person and he/she tried everything and this was just one of those things. But what great physician Dr X is, he/she was very caring, kind, he/she explained that this was not a for sure thing.

Parting thoughts, remember you became a physician to help people, show this with your patients. Besides you lessen the chance of a law suit, you will build a very successful practice since people will refer you to their friends and family.

HCP National is a medical malpractice company, who specializes in surgical medical malpractice, General Surgeon malpractice insurance and Ob/Gyn Malpractice Insurance. This article is risk management technique ,and should not be seen as legal advice. If you are sued besides contact your insurer and attorney, read our article You’ver Been Sued For Medical Malpractice, Now What

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ACO- Accountable Care Organization- Nothing New… It’s A Senior Capitated PHO/IPA Rebranded

Many details of healthcare reform are still unknown; as Ms. Pelosi, our former Speaker of The House, was quoted when pushing healthcare reform through that “we have to pass the (health care reform) bill so you can find what’s in it. Obviously, this is backwards logic, as are much of political decisions.”

There are however a few good ideas in the healthcare reform, and one of them are ACO’s. ACO’s are ( as proposed) integrated systems where providers and facilities work in tandem to minimize cost of healthcare for seniors while maintaining quality care. To accomplish this, the ACO will be given a defined budget, and will reap rewards if they spend less (ration healthcare) than the budget, or be punished (i.e. pay for it) if they exceed the budget.

This is not new, this is capitation and manages care, and the ACO is just a new name for a PHO or IPA. This idea has been around since the late 1980′s. It is prevalent throughout California. It is a concept that works at controlling cost. If most Americans were on capitated health plans, we would not need healthcare reform.

There will be backlash to ACO’s, this new/old concept, as seniors learn the details from slick PR Firms, whose employers want more and more of our GNP going down the drain in fee for service models. Capitation (defined budget healthcare) works and it caps spending. It eliminates fraud and creates an environment where healthcare can be rationed with sanity, versus money being sent through a fire hose (at max PSI) at a senior as they lay dying in the ICU.

In response to this we have a new stop loss product. ACO Stop Loss Reinsurance. Which will provide an outlier of reimbursement for the unpredictable shock loss claim, either stop loss reinsurance based on a per member basis, or on an aggregate budget basis?

HCP National is a Managed Care Stop Loss and Managed Care Reinsurance Broker and Reinsurance Intermediary. We do HMO Reinsurance and Provider Stop Loss and Employer Stop Loss and soon to be ACO Reinsurance and ACO Stop Loss

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September 2010: Monthly Q & A with HCP National- Stop Loss and Employer Medical Insurance Self Insured

Q: What is Actively-At-Work?

A: A contract provision that provides that the coverage will only be available for employees actively at work on a full time basis on the effective date of the coverage. Those not actively at work on that date become eligible upon their return to work. The matching provision for dependent coverage is often a not-hospital-confined provision.

Q: What is a MEWA?

A: Multiple Employer Welfare Arrangement

Q: What is a MET?

A: A Multiple Employer Trust

Q: What is AD&D?

A: Accidental Death & Dismemberment

Q: What is meant by Administrative Services Only (ASO)?

A: An arrangement under which a company, for a fee, processes claims and handles paperwork for a self-funded group. This frequently includes all services (actuarial services, underwriting, benefit description, etc.) No assumption of risk is assumed by the company under this agreement.

Q: What is Adverse Selection?

A: The tendency of a higher risk persons or groups to seek coverage more less than risky persons or groups, for example, people with poor health applying for a higher benefit plan while those younger or of good health do not apply (or pay) for a higher benefit plan.

Q: What is Aggregate Factor?

A: The dollar figure that is multiplied by the number of covered persons each month during the contract period to calculate the Annual Attachment Point. It includes expected claims plus margin.

Q: What is Aggregate Stop Loss?

A: The form of excess coverage that provides for the employer against the accumulation of claims exceeding a stated level. This is protection against abnormal frequency of claims in total rather than abnormal severity of a single claim.

Q: What is Annual Attachment Point?

A: This number represents the overall limit of claim liability for the group (employer). Beyond this point the Stop Loss policy indemnifies the group at the end of the contract period. This is also called the aggregate deductible or trigger point.

Q: What is COBRA?

A: COBRA – Consolidated Onmibus Budget Reconciliation Act. Legislation relative to mandated benefits for all types of employee benefits plans. The most significant aspects are the requirements for continued coverage up to 36 months (30 months for dependents in the event of the employee’s death) for employees and/or their dependents under the plan which would otherwise loseWeight Exercise coverage.

Q: What is Conventional Funding?

A: Fully insured plans. Typically premiums are paid monthly in advance and experience is not normally part of the policy provisions.

Q: What is Conversion?

A: An individual health policy issued to an employee or dependent leaving a group health plan. The conversion policy is issued without regard to pre-existing conditions at actuarially determined rates. The benefits are generally limited.

Q: What does Coordination of Benefits (COB)
mean?

A: The contract provision that prevents a claimant form profiting by collecting from two different group plans. COB provisions provide for primary and secondary status for the various plans involved and seek to guarantee that the total paid by all will not exceed 100% of the out-of-pocket expenses of the claimant.

Q: What is Cost Containment?

A: Features in a plan of benefits or in the administration of a plan designed to reduce or eliminate specific charges to the plan such as charges for unnecessary surgery or hospital days thus improving the plan’s loss experience.

Q: What is a Covered Employee?

A: A person meeting the definition of eligibility in the employer’s plan document.

Q: What is Deposit Premium?

A: The amount required in order to place a Stop Loss policy in force, generally the first month’s premium.

Q: What is DRG?

A: Diagnostic Related Group. This is a prospective payment system that pays a set amount for a given diagnosis. If treatment actually costs less, the provider keeps the excess; if treatment costs more, the provider loseWeight Exercises.

Q: What is ERISA?

A: ERISA – Employee Retirement Income Security Act of 1974. This is the basis of most employee benefit legislation. Even new laws and changes are normally designed as amendments to ERISA. This federal legislation allows for and sets guidelines regarding a group’s ability to self-fund their benefits. The legislation also establishes for rules, regulations, and standards.

Q: What is Expected Paid Claims?

A: An estimate of the dollar value of claims to be paid during the contract period.

Q: What is Experience Period?

A: A historical period with specific beginning and ending points for which paid claims and covered employees are known. To have a complete understanding of the experience period, it is also necessary to know what the plan design was, whether it was the first or subsequent contract period.

Q: What is meant by Final Enrollment?

A: A complete listing of employees covered on the effective date of coverage. They must be eligible by the definition established in the plan document.

Q: What is Final Underwriting?

A: A review of quoted rates and factors upon receipt of requested additional documents and data to firm up a conditional offer.

Q: What is Form 5500?

A: The annual filing form for ERISA.

Q: What is meant by the term “Ground Up”?

A: Refers to a claim from the first dollar payable by the claimant as opposed to the first dollar payable by the self-funded plan, the Stop Loss plan or the reinsurer of the Stop Loss plan.

Q: What is a HMO?

A: Health Maintenance Organization. This is an organization that provides comprehensive and preventative health care services for a fixed periodic payment capitation rate form the covered person (or the covered person’s employer) generally through owned (or contracted) facilities and a salaried medical staff.

Q: What is IBNR?

A: Incurred But Not Reported – a reserve for claims that have been incurred but not yet been submitted for payment. This is the reserve intended to cover claim run-out upon termination of the health plan.

Q: What is meant by the terms Incurred and Paid?

A: This is an expense both incurred during the contract period and paid during the same contract period.

Q: What are Incurred Claims?

A: This refers to the accrual method of accounting for all known and unknown claims. Includes paid claims plus adjustments for claims reported but not yet paid and those incurred but not reported.

Q: What is the Incurred Date?

A: The date the covered service is rendered.

Q: What is Lag?

A: The delay between the actual time a service is rendered, or an item is supplied, and the time it is paid and recorded. Lag includes both claims that have not yet been submitted, and claims that have been submitted and not yet paid. Lag is the result of administrative efficiency of the provider, the employer (if the employer involvement is required in supplying claim forms or verifying eligibility), the employee and the claim administrator.

Q: What is Lifetime Maximum?

A: (a) Maximum payable under the employer’s plan per person. (b) Maximum payable under the Specific Stop Loss contract per person. Please note that (b) cannot be higher than (a), but that (a) may be higher than (b), in which case the employer has an uninsured exposure.

Q: What is a Loss Fund?

A: A term of for the funds the group has (or should have) set aside for the payment of claims based upon the covered persons and the Aggregate factors. The Loss Fund should cover the expected claims and the margin.

Q: What are Manual Rates?

A: A rate or other factor based on actuarial estimates rather than on the group’s own experience. Manual rates are used when there is no history of previous claims available for underwriting the plan.

Q: What is the Margin?

A: The difference between expected paid claims and the Aggregate deductible. Granting that the expected claims will most likely be paid in any circumstance, the margin is the corridor of risk the employer is accepting in his self- funded program.

Q: What is the Minimum Attachment Point?

A: The lowest Aggregate stop loss attachement point to be used for a contract period, generally stated as a dollar amount or as a percent of the first month’s calculated Aggregate deductible time the number of months in the contract period.

Q: What is a Paid Claim?

A: Payment occurs on the date the payment check is issued (or the draft is drawn), provided it is promptly delivered to the payee and is paid upon presentation. Other definitions of paid focus on the date the payment clears or is recorded as cleared in the company’s records.

Q: What is a Participating Employer?

A: S company, and its subsidiaries, electing to take part in a trust sponsoring membership.

Q: What is a PPO?

A: A PPO is a Preferred Provider Organization. A group of providers that have banded together in hopes of preserving and enlarging their market share by providing discounted services to groups with which they have contracts. These organizations can be of two types: (a) one is risk-bearing and provides its services in exchange for a pre-set monthly payment; (b) the other is non-risk bearing and provides discounts off its usual charges.

Q: What is a Provider?

A: A generic term for doctors, hospitals, nurses, dentists, therapists, and others who provide health care services.

Q: What is Retention?

A: The portion of the contribution retained as its cost of doing business including services fees, claims, and other administrative expenses.

Q: What is a Schedule of Benefits?

A: An outline of the benefits described in the plan document. Often supplies the exact values of items referred to in the body of the plan document such as the deductible.

Q: What is Self-Funding?

A: The method of providing employee benefits in which an employer group does not purchase conventional insurance but rather elects to pay claims directly utilizing a Stop Loss Agreement to cover abnormal risks or large losses.

Q: What is Shock Loss?

A: A large loss that significantly affects the experience of a group. Generally claims on a single claimant during a single contract period.

Q: What is SIC?

A: SIC – Standard Industrial Classification Code. This is the statistical classification standard underlying all establishment-based Federal economic statistics classified by industry. The manual is available from the National Technical Information Services and is the guiding document for employer eligibility.

Q: What is Specific Stop Loss?

A: The form of excess risk coverage that provides protection for the employer against a high claim on any one individual.

Q: What is a Specific Deductible?

A: The dollar amount paid by an employer’s plan before the Stop Loss policy will reimburse additional expenses.

Q: What is Stop Loss Coverage?

A: A general term referring to the category of coverage that provides insurance protection to an employer for his self-funded plan. This is also known as Excess Loss or Excess Risk.

Q: What is a Summary Plan Document (SPD)?

A: The description of employee benefits required to be distributed by ERISA to the employees covered under a plan. A synopsis of the benefits, usually in simple language is also included, which does not include all details of the plan.

Q: What is a TPA?

A: A TPA is a Third Party Administrator. This is usually a non-risk-bearing company that provides claims and administrative services for a self-funded client.

HCP National is a CA stop loss company whose home office is in Southern California. Experts in employee benefits, employer stop loss, MEWA stop loss reinsurance and MET stop loss reinsurance and Managed Care Stop Loss: Provider Stop Loss, HMO Reinsurance, and ACO Stop loss reinsurance. The above are generally accepted insurance definitions, but always consult your insurance policy for their definitions as it relates to your insurance.

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Medical Malpractice Insurance- A Mutual versus Stock Insurance Companies

By: Willam D. Dyer

When considering which insurer to chose for your medical malpractice insurance. Besides checking at www.ambest.com and confirm that the insurer is rated “A” or better (if not pass on the deal) you also might consider if they are a Mutual Medical Malpractice insurer or Stock Medical Malpractice insurer.

Stock Medical Malpractice Insurers are public companies, and they answer to the stockholders who often are not the policyholders, but are pure investors. The advantage to these companies is they can raise capital from the markets, and they can be ( but not always) priced better than a mutual since they may assume more risk, due their capital position. The biggest Stock Medical Malpractice , in terms of assets, and the oldest in the country is Medical Malpractice insurer is Medical Protective. They are part of Berkshire Hathaway which has over 200 billion in capitalization. The downside of a Stock Medical Malpractice insurer is if they over charge for their premiums you, the policyholder do not get a refund or dividend; the profits go to those who bought Berkshire Hathaway’s stock.

Mutual Malpractice insurers are insurance companies where the policyholders are the owners or stockholders in a sense. This means that the policyholders can vote as to who is on the board, and they also will receive a dividend, or excess profits as refund of premium. This means if the insurer has collected more premium than it needs they return it to those who paid it, the policyholders. The advantage of these types of insurers is they are not geared toward profit for outside investors, but to perpetuate the future of the insurer and operate it at the lowest cost possible. The downside is they will often not be the cheapest, since they tend to minimize risk as much as possible with big reserves, and can be very conservative.

California’s only Mutual Medical Malpractice insurer is NORCAL Mutual. They have just declared a dividend as they have in 31 of its 33 years in business. This year it will be 10%, so if you paid them 30k in premium you will receive a credit of 3k on your upcoming 2011 renewal.

Below are the particulars for our NORCAL clients who will be receiving this dividend, her is NORCAL’s dividend announcement.

NORCAL Mutual has declared a dividend for eligible physician, medical group and healthcare facility policyholders. The 2011 declared dividend for California policyholders equates to approximately 10 percent of your 2010 premium — the same level as last year. The dividend will be returned in the form of a premium credit beginning with your 2011 renewal statement.

With the 2011 dividend, we have declared a dividend in 31 of the past 33 years. Over our 35-year history, we have declared more than $400 million in dividends. As a mutual company that answers to you and your fellow policyholders, we take great pleasure in the responsible return of revenue.

How Much Is Each Policyholder’s Share of the Dividend?

Your share of the dividend equates to approximately 10 percent of your prior policy-year premium.

How Do I Know Who Is Eligible for the Dividend?

Eligibility for the 2011 dividend is based on the following criteria:

• Being actively insured and in good standing with NORCAL Mutual on September 30, 2010. (The dividend amount is based on the premium written for each eligible policyholder on policies with effective dates beginning on or after October 1, 2009 through September 30, 2010.)

• Renewal of the NORCAL Mutual policy for 2011
Eligible risks: a physician, a physician group or a healthcare facility (excluding most emergency rooms) written on NORCAL Mutual’s Individual/Entity, Facility, or Group Policy Forms. ER groups written on the IE Form are eligible for the dividend.

Please note that the 2011 dividend will be paid only to those policyholders who meet all of the criteria listed above.

How Will The Dividend be Applied?

The dividend will be applied as a premium credit to each billing statement, for one year, for policies renewing on or after January 1, 2011.

If premium is paid in quarterly installments, your dividend credit will be applied to your quarterly billing statements. Each quarterly dividend credit will equate to approximately 25 percent of your total share of the dividend.

HCP National is a California Malpractice Insurance Broker whose home office is in Orange County. We are also NORCAL Medical Malpractice Insurance Broker and Medical Protectice Insurance Broker.

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