Direct Support

MLMIC’s toll free 24/7 Legal Hotline

Call (855) FAKS-LAW (1-855-325-7529)

Claims, coverage and policies questions?

Call (800) ASK-MLMIC (1-800-275-6564) and every effort will be made to handle inquiries on an immediate basis. Learn more about practice changes and financial hardship.

Telehealth Consents

Telehealth and telemedicine consents are available for MLMIC policyholders at no cost. Contact FAKS for more information.

RE-OPENING PREPARATION STRATEGIES

Hear an important discussion on re-opening practices, presented by MLMIC’s Mark Ambrose and Elizabeth Moy.

 

Updated June 24, 2020 – MLMIC’s Dental Resource Dashboard addresses common questions and concerns in reopening your dental practice. View Dental Dashboard.

Updated July 10, 2020 – MLMIC’s Legislative Dashboard provides information on important state and federal statutory/regulatory changes, including dates, sources/titles and explanations. View Legislative Dashboard.

Review preparation checklists which include guidance and important actions to keep in mind as you consider re-opening strategies. Practices | Hospitals | ASCs | Dentists

COVID-19 Resources

August 5, 2020 Summary: The Emergency Disaster Treatment Protection Act
Mia D. VanAuken, Esq., Fager Amsler Keller & Schoppmann, LLP
July 9, 2020 Revised Interim Guidance: Protocol for COVID-19 Testing Applicable to All Health Care Providers and Local Health Departments
New York State Department of Health
July 9, 2020 Health Advisory: Revised Protocols for Personnel in Healthcare and Other Direct Care Settings to Return to Work Following COVID-19 Exposure or Infection
New York State Department of Health
July 9, 2020 New York City’s COVID-19 Test & Trace Corps
NYC Health
View All ↓

Executive Orders issued by the Governor of New York State

202.44
June 24, 2020

The Governor recently issued Executive Order 202.44, which contains numerous modifications of law impacting health care. These modifications are effective until July 21, unless extended further by a subsequent executive order. Among those modifications are the following:

  • Modifies criteria for general hospitals to perform elective surgeries and procedures. NY Department of Health (“DOH”) is authorized to issue guidance regarding implementation of these criteria.
  • Extends the current permission for out of state and Canadian licensed health care professionals to perform health care services in New York in support of the State’s COVID-19 response.
  • Allows physicians to order COVID-19 tests for self-collection without having a physician-patient relationship.
  • Allows DOH to approve dedicated birthing sites operated by licensed birthing hospitals and centers.
Read the full executive order
S08416
June 19, 2020

During the COVID-19 pandemic, certain Executive Orders have relaxed some of the regulations and laws for providing telehealth. On June 17, 2020, the Governor signed into legislation Chapter 124 of the Laws of 2020, which is the first permanent change with respect to telehealth. This legislation allows for the use of audio-only communication when providing telehealth, which was previously not permissible under Public Health Law §2999-cc(4). This allows for reimbursement to healthcare providers of audio-only in addition to video communications related to telehealth. We will keep you advised of further changes as telehealth continues to evolve.

Read the bill summary
View All ↓

FAQ

Treatment & Practice Questions

Coverage & Liability Questions

  • Is MLMIC offering any support for practice disruptions or financial hardship? – Updated 5/1

    Posted 3/23/20; Updated 5/1/20

    For those policyholders who face changes in their practice due to the negative impact wrought by COVID, MLMIC has options to be of assistance. Learn more.

    To request an accommodation regarding your MLMIC 4th quarter billing installment due to a COVID-19 related financial hardship, kindly email us at Covid19paymentdelay@mlmic.com to advise us of your request in writing. Please include a list of applicable policy number(s) in your email.

  • Is Telemedicine covered under my MLMIC Professional Liability Policy? – Updated 3/20

    Posted 3/19/20; Updated 3/20/20

    Yes, MLMIC will cover you for potential claims arising from medical services delivered using telemedicine subject to the terms, conditions, and exclusions of your policy if:

    • You are licensed in the state where the patient is being treated.
      • This includes states with licensure reciprocity with New York;
      • The temporary waiver of requirements that out-of-state providers be licensed in the state where they are providing services when they are licensed in another state (this applies to both Medicare and Medicaid); and
      • Any future Federal regulation that will allow doctors and other medical professionals to practice across state lines, even if they are not licensed to practice in a particular state;
    • You are practicing within the scope and specialty listed on your declaration page.

    If you have additional questions regarding coverage, please contact MLMIC Underwriting at (800) ASK-MLMIC (1-800-275-6564).

  • Does telemedicine expose me to additional medical liability risk and how do I mitigate those risks?

    Posted 3/19/20

    Maybe. The same standard of care applies, but you will be providing that care in new situations and in new ways. Telemedicine potentially exposes a physician to increased risk simply because the patient is not physically present for testing and examination. In addition, physicians will need to address the privacy concerns mentioned above. Some ways to mitigate these risks include, but are not limited to:

    • Create, maintain and update medical records for all telehealth provided similarly to an in-office visit;
    • Adhere to the same follow-up care requirements as in-office visits; and
    • Remember that any issuance of professional advice or treatment, even if gratuitous, is considered part of a physician-patient relationship
    • Keep updated on the literature regarding the use of telemedicine in the COVID-19 environment;
    • Keep updated on the use of telemedicine provided by State and Federal agencies;
    • Keep updated with risk management and legal updates by MLMIC;

    In the age of COVID-19 telemedicine represents a key component in the diagnosis and treatment of the virus. It is vitally important that physicians practicing telemedicine keep apprised of changes that will play a role in their delivery of essential medical services during this time of crisis. Additional information may be obtained through MLMIC at tgray@mlmic.com and Fager Amsler Keller & Schoppmann, LLP at amercado@fakslaw.com and nmayskinner@fakslaw.com

  • Am I immune from liability for treating COVID-19 patients? – Updated 5/1

    Posted 3/17/20; Updated 5/1/20

    New York State and the federal governments have passed or declared immunities with limited protections from liability for healthcare professionals and entities. Each act and declaration varies, and each provides an exception for gross negligence or willful misconduct. For specific questions, please email mvanauken@fakslaw.com or call 518-786-2880.

    New York passed legislation, the Emergency Disaster Treatment Protection Act, that provides immunity to healthcare professionals and health care facilities from any civil or criminal liability, meaning that they are not liable for any harm or damages, alleged to have been sustained as a result of an act or omission in the course of arranging for or providing the diagnosis, prevention, or treatment of COVID-19; or the assessment or care of an individual with a confirmed or suspected case of COVID-19; or the care of any other individual who presents at a health care facility or to a health care professional during the period of the COVID-19 emergency declaration.

    The federal government has enacted the CARES Act Legislation, which provides that a volunteer healthcare professional will not be liable under federal or state law for any harm caused by (1) an act or omission of the professional in their services related to the diagnosis, prevention, or treatment of COVID-19 or (2) the assessment or care of the health of a human being related to an actual or suspected case of COVID-19.

    The federal government issued a declaration pursuant to the federal Public Readiness and Emergency Preparedness Act (PREP Act), which provides certain liability protections for licensed health professionals and entities related to prescribing, administering, or dispensing “Covered Countermeasures” – defined as “any antiviral, any other drug, any biologic, any diagnostic, any other device, or any vaccine, used to treat, diagnose, cure, prevent, or mitigate COVID-19, or the transmission of SARS-CoV-2 or a virus mutating therefrom, or any device used in the administration of any such product, and all components and constituent materials of any such product.”

  • How is MLMIC supporting volunteering physicians returning to practice to battle COVID-19?

    Posted 5/1/20

    MLMIC is pleased to extend medical professional liability coverage to retired physicians who were last insured with MLMIC and are coming back to volunteer to provide care during the COVID-19 pandemic. Learn more.

  • If I come out of retirement to assist during the COVID-19 pandemic, will it terminate my free tail coverage with MLMIC? Will I be covered for the work I am returning to do under my free tail coverage?

    Posted 3/23/20

    If you come out of retirement to assist during the COVID-19 pandemic, it will not terminate your free tail coverage from MLMIC, nor will it alter your ability to report claims from your expired policy. But, you will need new coverage for the work you are returning to do. You can check to see if you have this coverage from your employer or hospital, or if you would like to speak with us about providing this coverage, please call or email us.

  • What is ‘suspension of practice’?

    Posted 3/24/20

    When we underwrite you and your practice, ‘suspension of practice’ means that you are no longer providing any professional services for a period up to one year. Under these circumstances, you may request MLMIC to suspend your policy. If approved, an endorsement will be issued to remove coverage from your policy while it is suspended. You should notify MLMIC in advance of the date you wish to return to practice so that your coverage may be reinstated on a timely basis.

  • If I suspend my policy will it reduce my premium?

    Posted 3/24/20

    Yes, claims made policyholders can receive a discount during the suspension period and can still report claims which relate to professional services provided prior to the suspension period. Occurrence policyholders do not pay premium during the suspension period. For more specifics, and/or any questions, please contact the MLMIC Underwriting Department.

  • What happens if I provide professional services while the policy is suspended?

    Posted 3/24/20

    There would be no coverage for a claim resulting from professional services provided (or that should have been provided) during the period of suspension.

  • What if I still need to provide professional services while my policy is suspended?

    Posted 3/24/20

    If you believe you still need to provide professional services while your policy is suspended (e.g., provide medical advice, fill prescriptions, respond to an emergency, etc.), then your policy should not be suspended. You may wish to consider part-time coverage instead.

  • During the state of emergency and disaster in New York, will medical care and treatment that is outside of a physician’s normal practice be covered under their MLMIC Insurance Company policy?

    Posted 3/27/20

    Yes, a physician’s policy with MLMIC Insurance Company will cover their medical care and treatment that is outside of their normal practice so long as it is taken in support of New York State’s response to the COVID-19 outbreak.

MLMIC Blog Posts