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      The Doctor’s Advocate | First Quarter 2010


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      Red Flags Rule update: On December 18, 2010, President Obama signed the Red Flag Program Clarification Act into law. The new law changes the definition of “creditor” to exclude doctors. For more information, see www.ftc.gov/redflagsrule.

      Introducing CyberGuardSM

      We are pleased to introduce CyberGuard, a new addition to your medical liability policy and the industry’s first complimentary cyber liability coverage.

      As policies renew in 2010, our solo and small group members will automatically receive our exclusive CyberGuard benefits.

      As a member-driven company, we believe that you are best served when we combine our national strength with our strong local presence. This dual perspective helps us to identify emerging risks and develop innovative solutions to help you address the ever-increasing demands of modern medical practice.

      We developed CyberGuard in response to the proliferation of state and federal regulatory changes related to both financial and medical information. For example, as of January 2010, over 45 states have specific laws or regulations requiring patient notification in the event of an actual or apparent breach of medical data, even when it is not the physician’s fault.

      We have also seen a significant increase in media fascination and coverage of breaches, particularly in the health care sector. Whether the case is one of a stolen laptop, an unauthorized employee accessing celebrity patient information, or hackers intruding on a practice network, negative publicity is a distraction at best and a financial peril at worst.

      We will mail information regarding this coverage to you subsequent to your renewal in 2010.

      To learn more about this complimentary coverage, contact your agent, call The Doctors Company at (800) 421-2368, or visit www.thedoctors.com/cyberguard.

      CyberGuard Provides You with Protection in Four Important Areas

      Patient notification and credit monitoring costs insurance provides coverage for legal, public relations, advertising, and postage expenses incurred to notify patients of a breach of medical or financial information. In the event of a financial breach, it will also pay the cost of credit monitoring coverage for all affected persons.

      Network security and privacy insurance provides a legal defense and payment of damages in the event of a claim against you related to breach of privacy or failure to prevent identity theft. It will also protect you if your practice network is used to attack another network with a virus, denial of service attack, and more.

      Regulatory coverage provides for your defense of an alleged “Red Flags” violation, HIPAA privacy, or other investigation by a government agency resulting from a regulatory breach. It also covers regulatory fines and penalties.

      Data recovery costs insurance pays costs required to recover or replace data that is compromised, damaged, erased, or corrupted.


       

      The Doctor’s Advocate is published by The Doctors Company to advise and inform its members about loss prevention and insurance issues.

       

      The guidelines suggested in this newsletter are not rules, do not constitute legal advice, and do not ensure a successful outcome. They attempt to define principles of practice for providing appropriate care. The principles are not inclusive of all proper methods of care nor exclusive of other methods reasonably directed at obtaining the same results.

       

      The ultimate decision regarding the appropriateness of any treatment must be made by each health care provider in light of all circumstances prevailing in the individual situation and in accordance with the laws of the jurisdiction in which the care is rendered.

       

      The Doctor’s Advocate is published quarterly by Corporate Communications, The Doctors Company. Letters and articles, to be edited and published at the editor’s discretion, are welcome. The views expressed are those of the letter writer and do not necessarily reflect the opinion or official policy of The Doctors Company. Please sign your letters, and address them to the editor.




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