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Yet another malpractice coverage question, but I haven't seen this one anywhere else on the forum. Kindly redirect me if I've missed it. I'm starting a new job and looking into doing the smart thing this time and getting my own policy. They would not offer tail coverage if/when I move on. No surprises there. For whatever reason they have started on my application with their group anyways and provided me the application to finish filling out. The statement below may have me reconsidering... "COPIC does not provide “tail” coverage to allied health professionals. As long as your employer or contracting physician purchases “tail” coverage at the time of termination of their coverage with COPIC, you will be provided coverage in the future for unknown claims that may have occurred during the period of time you provided such medical services. If your employer or contracting physician does not purchase “tail” coverage at the termination of their coverage with COPIC, you will not be provided coverage for any unknown future claims. You may wish to request from your employer or contracting physician a written confirmation that “tail” coverage will be purchased at the time of termination of their coverage with COPIC." I can't help but be skeptical based on what I've read and heard before about PA coverage. It's a surgical position and having my own policy would be MUCH more expensive. How much of that they would cover is a whole other can of worms. Any input much appreciated!!!!!!
First, I'll start by saying that I have learned so much these last couple weeks, will never make this mistake again, and should ALWAYS get everything in writing.... The situation is this... I work per-diem in two different hospitals (where my malpractice is covered by them) and I work part-time for all of this; 9/2011 I started working for an MD doing Sleep medicine, and he got me a claims made part-time (<24hrs/wk) policy. He paid it for two years, though I only worked for him for one. 12/2012 I started working for MD seeing patients in Nursing homes and rehabs until 4/2014 In May of this year I started training with a dermatologist, who has never had a PA. I have no contract (I know, I'm a fool). He is very old school, we were going off each other's word, and I am far too trusting. Sept. my malpractice is up for renewal, and since he is likely selling the practice he did not want to pay it, he passes the buck and they don't yet want to be responsible for it. I would have 7 more payments/years until my tail is included. So, currently my policy is lapsed (though may very well be reinstated if full payment is made within next month), an I have not been able to work for him. He (and potential new MD buying practice) want me to switch to MLMIC and have an occurrence policy, which is better, BUT but that would mean that one of us (or maybe a combination) would pay for the tail. So, I plan to tell him that if he wants me working for him, he has to help with the tail. But, this guy is SO cheap, uncommunicative etc. that I may be better off just leaving him and running for the hills, but I want to try to get some money for the tail and there is a good opportunity with new people, though he would still have to be my SP. The lack of contract sucks because I cannot hold him to paying my tail or anything, but perhaps he would pay it and not make me sign a contract that I have to stay working with him for a certain period of time. I KNOW the new MD will present an offer letter to me (assuming they want me to stay, and have me sign something). I am waiting to hear the cost of my tail from my carrier, but as of now I just fear the worst. For what it's worth, I don't think I'd be sued, but no one ever thinks that... I don't want to take the risk. So, any advice on how to ask for tail coverage now? any other comments/advice? I am so stressed here... :(
After browsing through the forum and doing some google searching, I still feel like I am a little confused regarding malpractice coverage and tail coverage. Please fill in gaps or educate me where my knowledge is incorrect. Occurence coverage = You are covered for any filed suit on you between the dates of your coverage. E.g. I was covered from 2009-2010 by occurence coverage, a suit was filed in 2012 for an issue that arose in 2009, I am covered with occurence insurance. Claims made = You are covered for any filed suit if you currently are carrying the policy. E.g. I worked with claims made coverage from 2009-2010. A suit was filed in 2010 while I was working and carrying claims made coverage. I am covered with claims made malpractice insurance. In this instance, I would not be covered if this same suit was filed outside of the 2009-2010 period while I had claims made malpractice insurance. Claims made with tail coverage = You are covered for any filed suit while you carried the policy and the tail covers any suit filed after the policy ended. E.g. I worked with claims made coverage with a tail from 2009-2010. A suit was filed in 2012 for an issue that arose in 2009. I would be covered by a claims made policy with a tail. My confusion comes regarding having tail coverage as a new graduate. I have read that you don't need it as there is no past practice to raise concern of a lawsuit and I have read you should push for it in a contract. Thoughts? I have also been told that if I were to change careers, that it is standard that the next employer would provide tail coverage for my previous employment (this is what I was told regarding a recent contract I was offered). This doesn't make sense to me as I thought the tail coverage was specifically for the period after the stated malpractice insurance that it covers. Wouldn't the case above be an example of nose coverage? and is this actually common practice? Finally, if you have claims made coverage at one career and then switch careers where you are provided claims made coverage again, is your current second policy going to cover any suits filed during your first career? I.e. You would still need tail coverage for the first job, correct? Sorry for the wall of text. I think this is a point of confusion for a lot of new graduates and young PAs and I'm sure many of us would thoroughly appreciate a better understanding of these issues if someone could provide them. Thanks so much!