communication-and-the-use-of-interpreter-services | Communication and the Use of Interpreter Services | Partners in Medicine | Shared_Content/News/Latest_News/2025/communication-and-the-use-of-interpreter-services | <div class="col-md-12">
<div class="col-sm-5 pull-right" style="text-align: center;"><img src="/images/Newsletters/Reports/2025/january-february/cover-wsma-reports-1-janfeb-2025-645x425px.jpg" class="pull-right" alt="January/February 2025 cover of WSMA Reports" /></div>
<h5>Jan. 16, 2025</h5>
<h2>Risk Management Considerations With Today's Telemedicine </h2>
<p>
By Jessica Sofie
</p>
<p>
Telemedicine is one of the fastest growing means<strong> </strong>
of delivering patient care, and its technologies and policies are evolving rapidly. Physicians Insurance, WSMA's exclusively endorsed professional liability carrier, last provided risk-management telemedicine guidance to <em> WSMA Reports</em> readers in 2020. We thought the time was ripe to bring our guidance up to date—and to answer some of your frequently asked questions. As this area of health care is evolving rapidly, we advise you to continue to stay current on federal and state regulatory changes.</p>
<p>
<strong>What organizational policies should be in place before providing telemedicine services to patients? </strong></p>
<p>
The standard of care for telemedicine is the same standard as for in-person visits, so the same policies for patient care will apply. In addition, your policies and procedures should address common topics impacted by telemedicine. These could include the following: </p>
<ul>
<li>Provisions for obtaining informed consent for telemedicine services. </li>
<li>Which patient visits are eligible for telemedicine. </li>
<li>How the physician will verify and authenticate the patient's identity and location at each virtual encounter. </li>
<li>How the physician will determine patient readiness in a private environment. </li>
<li>How preventive maintenance for equipment will be handled. </li>
<li>Which quality data will be monitored and how improvement will be implemented. </li>
<li>How to handle a patient medical emergency that develops during a telemedicine visit. </li>
<li>Any documentation differences. </li>
<li>Changes to billing procedures. </li>
<li>Backup plans or downtime procedures for telemedicine interruption. </li>
</ul>
<p>
<strong>Are there license or geographic restrictions to providing patient care via telemedicine? </strong>
</p>
<p>
Each state regulates the scope of practice and requirements for licensure regarding the provision of telemedicine in their jurisdiction. Most require licensure in the state where the patient is located. For instance, if a Washington state-licensed physician is seeing a patient in Oregon, that professional is obligated to be licensed in Oregon, as well, and adhere to its scope of practice. There are exceptions where a rare appointment may be provided, such as if a patient is temporarily traveling out of state and has a follow-up question post procedure or needs a medication refill. Check with your professional regulating bodies, state regulations, and federal agencies for up-to-date practice acts and licensure laws including those that pertain to telemedicine.
</p>
<p>
<strong>Should I notify my professional liability carrier about new or expanded telemedicine services? </strong>
</p>
<p>
You are required to notify your professional liability carrier of changes in services to ensure you have adequate insurance coverage.
</p>
<p>
<strong>What are the credentialing considerations for providing telemedicine services? </strong>
</p>
<p>
All physicians and practitioners should be credentialed through their organization to include telemedicine privileges, if indicated. In addition, organizations should also check with their accreditation agencies for any telemedicine credentialing requirements. If telemedicine services are provided from a distant-site hospital, an agreement should state that the distant-site hospital is responsible for credentialing requirements.
</p>
<p>
<strong>Is written informed consent necessary when holding telemedicine visits? </strong>
</p>
<p>
Since state requirements vary, it is important to know the regulatory requirements for your state(s) of practice as well as for the patient's state of residency. While it is standard practice to obtain written patient consent for medical care, informed consent for telemedicine should include patient education about telemedicine and how it differs from an in-person visit.
</p>
<p>
A single consent form may be used for multiple visits as long as the same physician is treating the patient. When that changes, the patient should sign a new form. Even when the same physician continues to treat the same patient, it is recommended that a new form be signed annually.
</p>
<p>
Patient communication should include information on the unique characteristics of telemedicine services, such as:
</p>
<ul>
<li>Technologies used, capabilities and limitations of each. </li>
<li>Potential technical problems that may occur and what to do if an issue arises. </li>
<li>Agreement that telemedicine is appropriate for care. </li>
<li>Available alternatives to telemedicine. </li>
<li>Credentials of the physicians or practitioners involved. </li>
</ul>
<p>
Be sure to set realistic expectations with the patient regarding the scope of service, who will be present during the appointment, billing, prescribing policies, and follow-up communications.
</p>
<p>
<strong>How can I obtain written informed consent for telemedicine? </strong>
</p>
<p>
Prior to the telemedicine visit—and if indicated, the informed-consent document translated into commonly used languages—forms may be exchanged through the patient portal, electronically (either secure email or facsimile), or by standard USPS mail. Ensure receipt of the signed form. The completed documentation should be included in the patient's medical record. If a patient is unable to return electronic confirmation of signed informed consent, then document the following: consent has been reviewed with the patient, the patient is unable to respond electronically, and verbal consent has been obtained. If possible, a second staff member should listen in and attest as a witness.
</p>
<p>
<strong>Is international telemedicine allowed? </strong>
</p>
<p>
Many state medical boards have dictated that medical licenses are for the practice of health care within their specifc state or within U.S. borders. Since telemedicine rules apply where the patient is located, if a patient is a permanent resident of a foreign country, a physician would typically need to be licensed in that country for international care. An additional factor involves privacy rules and HIPAA compliance for telemedicine platforms.
</p>
<p>
Physicians traveling internationally who wish to deliver telemedicine services while abroad to U.S. residents may do so, provided the physician is licensed in the state where the patient receiving care is located and the platform used for telemedicine is HIPAA compliant (see the question after next).
</p>
<p>
<strong>If an established patient has left the state to attend college, can I continue treatment by using telemedicine visits? </strong>
</p>
<p>
Our recommendation is to check your licensing state's rules, as most states require the physician to be licensed where the patient is physically located.
</p>
<p>
<strong>Can I provide telemedicine services from my home or other location that is not my office? </strong>
</p>
<p>
The physician's obligation for patient privacy extends to any setting where care is provided. With proper privacy safeguards and consideration given to a professional presentation, it is possible to use the home setting. Keep in mind that public-facing communication resources, such as Facebook, Instagram, and others, are not appropriate for electronic health visits because the software or platform used for telemedicine must be HIPAA compliant.
</p>
<p>
<strong>Am I required to provide interpretation services on a telemedicine visit? </strong>
</p>
<p>
During a telemedicine visit, patients in need of interpretation services should have access to a certified health care interpreter. Physicians or their staff should be competent concerning how to bring the certified interpreter into the conference, and they should document this service. Check with Physicians Insurance or your professional liability carrier for more guidance on the use of certified health care interpreters.
</p>
<p>
<strong>Am I allowed to prescribe medications via telemedicine visits? </strong>
</p>
<p>
When deemed appropriate for the patient, a telemedicine physician may prescribe, as long as it is done within the scope of their licensure. Special caution must be used hen prescribing controlled substances. Currently, the DEA mandates how to prescribe for controlled substances via telemedicine. Please review their website and reach out to your pharmacy and medical board to verify state rules.
</p>
<p>
If you are a Physicians Insurance-insured member and have questions that are not covered here, visit <a href="https://phyins.com/resources">phyins.com/resources</a> or reach out to our risk management or underwriting departments. We also encourage you to seek input from your general counsel or attorney to maintain regulatory and legal compliance.
</p>
<p> <em>Jessica Sofe, CPHRM,<strong> </strong> is a senior risk consultant with Physicians Insurance.</em> </p>
<p>
<em>This article was featured in the January/February 2025 issue of WSMA Reports, WSMA's print magazine.</em>
</p>
</div> | 1/16/2025 12:00:00 AM | 1/1/0001 12:00:00 AM |
new_wsma_member_benefits_for_you_and_your_practice | New WSMA Member Benefits for You and Your Practice | Partners in Medicine | Shared_Content/News/Membership_Memo/2025/january-10/new_wsma_member_benefits_for_you_and_your_practice | <div class="col-md-12">
<div class="col-sm-5 pull-right" style="text-align: center;"><img src="/images/Newsletters/MembershipMemo/2025/january/Sponsored-Content-Doctor-Illustration-645x425px.png" class="pull-right" alt="Washington capitol building" /></div>
<h5>January 10, 2025</h5>
<h2>New WSMA Member Benefits for You and Your Practice</h2>
<p>Being a member-driven organization, the WSMA is responsive to your needs. Over the past several months, we've been exploring partnerships to help our members both professionally and personally. At the jump are three key partners we are bringing to you with exclusive member benefits that will help you and your practice. Are there other services you need? Let WSMA's membership team know at <a href="mailto:membership@wsma.org">membership@wsma.org</a> and we will see what we can do to acquire more partnerships to benefit our members.</p>
<h3>Financial Planning, Wealth Management, and Retirement Services</h3>
<p>Based in Washington state, <a href="https://wsma.org/wsma/membership/why_join_the_wsma_/partners-in-medicine/northern-capital-management.aspx?_zs=HL9Ae1&amp;_zl=V2m0A">Northern Capital Management</a>* has supported the WSMA for 25 years in administering our employees’ 401(k) program, in addition to managing organizational investments. Their foundational belief is that, regardless of how much money someone has or where they are in their financial journey, NCM is able to bring expertise and guidance to maximize potential. We are collaborating with NCM so they can bring you robust financial services, including:</p>
<ul>
<li>A highly <strong>customizable financial planning service</strong> to address your specific needs and goals for a flat fee.</li>
<li><strong>Wealth management</strong> (including the above financial planning) to meet your investment objectives. WSMA members will receive a 10% discount on NCM’s standard rate.</li>
<li><strong>Retirement services</strong>: NCM’s affiliate, Northern Capital Retirement Services, can assist practices in determining a retirement plan based on your business size and needs, or manage the assets of a plan you may already have in place. WSMA members will receive a 10% discount on NCRS’s standard rate.</li>
</ul>
<p><a href="https://wsma.org/wsma/membership/why_join_the_wsma_/partners-in-medicine/northern-capital-management.aspx?_zs=A3aFd1&amp;_zl=V2m0A">Get help reaching your financial goals today with Northern Capital Management.</a></p>
<h3>Employment Contract Review and Negotiation</h3>
<p>In a recent survey of our members, a majority asked for help in reviewing physician employment contracts. To meet that need, we turned to <a href="https://go.resolve.com/wsma?utm_campaign=Washington%20State%20Medical%20Association&amp;utm_source=website&amp;utm_medium=partner-page">Resolve</a>—physician contract review experts who can deliver this critical service by helping physicians review and negotiate employment contracts to maximize compensation, improve work/life balance, and guard against unexpected workplace changes.</p>
<p>Resolve is bringing change to employment contracts by providing transparency into the physician market. By utilizing the most accurate data on compensation and other contract terms, paired with a specialized legal team, Resolve provides the insights and expertise you need to negotiate for fair contracts and take control of your career. Their services are offered exclusively to WSMA members at a 10% discount.</p>
<p>In addition, if you act before Jan. 31, Resolve is running a special offer for WSMA members for an instant contract review. You can get your compensation analyzed instantly to see where you stack up against both the Medical Group Management Association's most recent survey as well as your colleagues’ contracts. You'll also get a free risk report that identifies problematic contract terms and explains how and why they should be negotiated. WSMA members receive a special<strong> holiday discount of $100 off through Jan. 31</strong> by using the code <strong>WSMAHolidayComp</strong>.</p>
<p><a href="https://wsma.org/wsma/membership/why_join_the_wsma_/partners-in-medicine/resolve.aspx">Learn more about how Resolve can help you make the most of your employment agreements.</a></p>
<h3>WSMA World Elite Business Mastercard</h3>
<p>We are now offering a WSMA World Elite Business Mastercard®, a financial solution crafted to cater exclusively to the financial needs of physician practices in Washington.</p>
<p>WSMA’s physician practice members are spending up to hundreds of thousands of dollars, if not more, every year on operations, but may not be earning many tangible rewards or cash back on these expenses, which could be reinvested into savings or back into the practice.</p>
<p>This new benefit of WSMA membership offers unlimited 2.1% cash back on all of your purchases**, as well as 5% cash back on medical supplies and equipment**. Additionally, a $560 sign-on bonus can offset the cost of your WSMA membership dues**!</p>
<p>This card provides businesses with substantial cash-back rewards and a unique management platform that makes managing your finances simple. The card platform supports QuickBooks integration, and there are no annual fees, no employee card fees, and no impact on your personal credit when you apply. Visit the <a href="https://wsmacard.com/">card information page to apply today</a>, or <a href="mailto:onboarding@affiniti.finance">email Affiniti</a> to be introduced to a dedicated account executive to answer your questions. You can find out more <a href="https://wsma.org/wsma/membership/why_join_the_wsma_/partners-in-medicine/wsma-world-elite-business-mastercard.aspx?_zs=HL9Ae1&amp;_zl=c2m0A">here</a>.</p>
<p><em>* Washington State Medical Association is a client of Northern Capital Management and Northern Capital Retirement Services and receives compensation for promoting our services. As a result of the compensation arrangement there is an inherent conflict of interest.</em></p>
<p><em>**Important notice: Affiniti Finance, Inc. is the program manager of the WSMA World Elite Business Mastercard and is responsible for its operations, including but not limited to card issuance, rewards, management, and customer service. Cardholders are encouraged to review the comprehensive terms and conditions provided by Affiniti Finance, Inc., which can be </em><a href="https://affiniti.finance/legal/"><em>found here</em></a><em>. Affiniti Finance, Inc is not an FDIC-insured institution. WSMA World Elite Business Mastercard is issued by Patriot Bank, N.A., Member FDIC, pursuant to license by Mastercard International Incorporated.</em></p>
</div> | 1/10/2025 12:00:00 AM | 1/1/0001 12:00:00 AM |
understanding-policy-limits-settlement-demands-in-medical-malpractice-claims | Understanding Policy Limits Settlement Demands in Medical Malpractice Claims | Partners in Medicine | Shared_Content/News/Latest_News/2024/understanding-policy-limits-settlement-demands-in-medical-malpractice-claims | <div class="col-md-12">
<div class="col-sm-5 pull-right" style="text-align: center;"><img src="/images/Newsletters/Reports/2024/july-august/cover-wsma-julyaug-2024-645x425px.png" class="pull-right" alt="WSMA Reports July/August 2024 cover" /></div>
<h5>Dec.&nbsp;16, 2024</h5>
<h2>Understanding Policy Limits Settlement Demands in Medical Malpractice Claims</h2>
<p>
By Shauna Martin Ehlert
</p>
<p>
In the complex field of medical malpractice litigation<strong>,</strong> one common tactic used by plaintiffs' attorneys is the quick demand for settlement for the insurance policy limits. This approach can be stressful and intimidating for physicians and their insurers, as it aims to force a rapid settlement without a thorough investigation. Understanding this tactic and its implications is crucial for both physicians and attorneys.
</p>
<h3>Understanding the tactic</h3>
<p>
Attorneys often initiate this strategy by sending a demand letter in connection with the filing of a lawsuit. The letter typically insists that the physician's insurer settle the claim for the available policy limit within a specified period, typically 30 days. These letters may contain threats to seek amounts exceeding the policy limits and target the physician's personal assets, warn of time-consuming and stressful litigation, and raise the possibility of public embarrassment.
</p>
<p>
For example, a demand letter may take this approach: "Please inform Dr. X that this will be their only chance to gain protection from excess liability and pursuit of personal assets." Or, even more aggressively: "I will put my client in contact with the reality show 'Botched'. We'll see how that plays out." The obvious goal here is to instill fear, uncertainty, and doubt to push the physician and insurer into a quick and potentially unfavorable settlement.
</p>
<h3>What's behind early settlement demands</h3>
<p>
The main objective of early settlement demands is to use fear of the unknown to convince the defendant and their insurer to offer the policy limit as soon as possible. The early settlement demand is also designed to create risk to the insurer. In states such as Washington, if an insurer declines to make an early offer of the policy limit, the plaintiff's attorney may later argue that the insurer missed its chance and acted in bad faith. The goal is to create an argument that the insurer acted in bad faith by failing to settle early, and that therefore the insurer should be liable for amounts in excess of the policy limits. The practice is so common that some plaintiffs' lawyers have stated that it would be malpractice on their part if they did not attempt to set up the insurer for bad-faith exposure beyond the policy limits.
</p>
<h3>What happens if you settle early</h3>
<p>
There are several risks in meeting early settlement demands:
</p>
<ol>
<li>
<strong>Insufficient time to evaluate merits.</strong> A quick settlement does not allow adequate time to evaluate a case's merits. Malpractice cases are inherently complex and require thorough investigation. This can take 12 to 24 months to ensure that relevant information is discovered.
</li>
<li>
<strong>Questionable justification.</strong> Settling quickly may not be justified by the case's facts. Without a thorough review, it can be challenging to determine whether a claim is meritorious.
</li>
<li>
<strong>Reputation and reporting.</strong> For physicians, a malpractice settlement leads to a report to the National Practitioner Data Bank and the state Department of Health. This can damage a physician's reputation and career.
</li>
<li>
<strong>Encouragement of repeat claims.</strong> Early settlements can make a physician and insurer look like an easy mark, encouraging repeat claims.
</li>
<li>
<strong>Increased insurance costs.</strong> Settlements can lead to increased costs for professional liability insurance, both for the physician and the broader industry.
</li>
</ol>
<h3>Financial implications for plaintiffs' attorneys</h3>
<p>
Most plaintiffs' attorneys work on a contingency basis, typically receiving 30ñ50% of the settlement amount. For a $1 million policy limits settlement, the attorney's fee could range from $300,000 to $500,000, plus out-of-pocket costs. This leaves the patient/client with a fraction of the settlement amount. Quick settlements also mean less work for plaintiffs' attorneys, giving them a powerful financial incentive to demand an early resolution.
</p>
<h3>The importance of complete investigations</h3>
<p>
Medical malpractice cases are inevitably complex. Because of that, a complete investigation is essential. Demand letters often come as a surprise to both the physician and their insurer. The insurer needs time to digest the allegations, review medical records, and talk to its own experts. A thorough investigation helps in understanding whether the claim is valid and determining the extent of any potential liability.
</p>
<p>
Many medical malpractice policies require the insurer to obtain the physician's consent before settling. This provision helps ensure open communication and partnership between the insurer and the physician, protecting the physician's interests. Early settlement demands seek to undermine this partnership by creating a sense of urgency and fear.
</p>
<h3>Coping with high-pressure settlement demands</h3>
<p>
It is crucial for physicians and their attorneys to understand early settlement demands, and to respond appropriately.
</p>
<p>
This means staying informed and understanding that early settlement demands are a common tactic. Moreover, at times like this it is important to rely on your insurer, defense counsel, and retained experts, who are experienced in evaluating claims. They will work to evaluate your case and determine the appropriate course of action. For example, if potential liability exists, a defense counsel and the insurer may recommend early mediation. This allows a thorough discussion of the facts and can lead to a fairer and more informed settlement.
</p>
<p>
While the pressure to settle quickly can be intense, it is often in the best interest of physicians to allow time to fully evaluate early settlement demands. An investigation and a measured response can lead to a more favorable outcome, protecting both the physician's professional reputation and their monetary interests. By understanding and navigating these tactics, physicians can ensure they are making the right decision when faced with medical malpractice claims.
</p>
<p>
<em>Shauna Martin Ehlert</em><em> is an attorney at Cozen O'Connor in Seattle specializing in professional liability claims and insurance coverage disputes.</em></p>
<p>
<em>This article was featured in the November/December 2024 issue of WSMA Reports, WSMA's print magazine.</em>
</p>
</div> | 12/16/2024 12:00:00 AM | 1/1/0001 12:00:00 AM |