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May 05, 2013
What do 70,000 Florida companies have in common? They have all chosen to partner with a Professional Employer Organization (PEO). In fact, in Florida alone, the PEO industry employs more than 900,000 and pays $25 billion in payroll annually.... »
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March 08, 2013
Now that the Patient Protection & Affordable Care Act has become a reality, Florida is starting to see greater activity in physician and medical-practice consolidation. This consolidation is creating a whole new set of risks and exposures for hospitals, l... »
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January 08, 2013
Most medical practices don’t know about the significant liability they have regarding their 401k plans and, even worse, almost none know how the government is dramatically increasing its enforcement actions. I have talked with many medical practices who... »
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December 15, 2012
Malpractice coverage factors to consider…
Many medical professionals neglect to have a regular check-up on their malpractice insurance. A check-up can be accomplished in a very short period of time, requires no office visit, and no fee should be charged... »
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December 10, 2012
The Florida legislature will decide this year about a new proposal from a group in Georgia that is trying to eliminate the tort system for medical-malpractice cases. They propose to create what they describe as a system similar to but operationally diffe... »
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October 01, 2012
No matter the election results, one of the political “no-brainers” of 2012 and on seems to be the continued push of the government to combat Medicare fraud. After some 30 years of crunching a wealth of internal data, The Centers for Medicare & Medicaid S... »
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September 01, 2012
Often in medicine’s tort-reform efforts, we get so focused on the politics of changing unfair laws that we lose sight of the low-hanging fruit. How many dollars have gone into trying to convince the politicians to limit the number of lawsuits against doc... »
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August 01, 2012
Already we are seeing doctors either sell out to hospitals or join mega groups. Many of those hospitals’ doctors enjoy sovereign immunity, as do VA doctors and many other public hospital doctors. Many of the mega groups, at least in South Florida, do not... »
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May 01, 2012
Many doctors’ employment contracts require malpractice insurance policy “tails” to be purchased so as to effectively turn a claims-made policy into a more desirable occurrence form of coverage. In the last year, for the first time ever, a healthy market f... »
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February 01, 2012
A: Just like creating hurricane plans before the fury of a storm descends upon you, now is a good time to be positioning your practice for the impending hard market in malpractice insurance that will be unfolding in the next few years, just at a time when... »
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January 10, 2012
The market cycle for malpractice insurance in Florida has fairly predictable cycles, with extreme fluctuations in pricing and insurers’ underwriting. For example, the late 1990s and early 2000s were similar to market cycle we are presently in, which is th... »
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January 08, 2012
Florida doctors are now enjoying a very “soft” buyer-centered market cycle, although I believe this is close to ending. Back in 2000 we were in a similar market cycle, which led to many insurers pulling out of the state and the others dramatically increa... »
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December 01, 2011
“Who will blink first?”
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October 16, 2011
President Obama’s Patient Protection and Affordable Care Act proposes a new and unprecedented Medicare tax that will directly affect many physicians. The tax, which goes into effect on January 1, 2013, is made up of two parts: an additional .9% surtax on... »
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October 05, 2011
In the insurance industry, like life, things tend to be cyclical. After more than seven years of declining rates and premiums, the National Council on Compensation Insurance (NCCI) recently recommended a rate increase of 8.9% in Florida, to take effect on... »
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October 01, 2011
This quote relates well to the present state of the medical-malpractice-insurance market. We are in a very “soft” market, meaning the premiums are low because the frequency of claims against doctors is at a historically low level in most areas. This in... »
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October 01, 2011
By now you have surely seen those odd looking black and white squares in magazines, newspapers, on signs, and online? They’re called QR codes (abbreviated from Quick Response code). First designed for the automotive industry by Toyota subsidiary Denso Wa... »
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September 01, 2011
OB/GYNs have for years been one of the highest-rated specialties for malpractice-insurance rates. Consequently, many have decided to drop their malpractice-insurance coverage, particularly in South Florida, where insurance premiums can cost double their p... »
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August 01, 2011
Florida doctors are now enjoying a very “soft” buyer-centered market cycle, although I believe this is close to ending. Back in 2000 we were in a similar market cycle, which led to many insurers pulling out of the state and the others dramatically... »
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July 01, 2011
An insurer with a high rating from A.M. Best could be considered the equivalent of a doctor being board certified, experienced, and considered competent in their chosen specialty by an outside peer review group. For some years now many doctors and thei... »
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May 01, 2011
A: Hospitals and doctors looking to become hospital employees undoubtedly have two different perspectives on this issue. Hospitals prefer not to purchase retroactive coverage for the doctors they purchase for a number of reasons. The first is the decrease... »
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April 01, 2011
As more doctors join hospitals or are considering doing so we are seeing more trouble created in the transactions by the doctors’ malpractice insurance tail issues. Once a doctor terminates his or her coverage for their practice and moves into a hospit... »
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March 01, 2011
Many physicians are not aware of the importance and relatively low cost of purchasing separate-entity coverage for their practice. A separate-entity layer of coverage can protect the physician from a recorded loss if the claim can be settled under separat... »
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February 12, 2011
Did you know that most doctors waste money on malpractice insurance, which is one of the largest expenses each year in a medical practice? Here are just seven of the most common ways doctors continually spend too much:
1. Not asking for all of the... »
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February 11, 2011
Even before he ever took office it was clear that Governor Rick Scott was serious about changing Florida’s legislative and regulatory landscape. One of his campaign pledges included reducing workers’ compensation costs by 35%. He recently renewed this ple... »
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February 10, 2011
Healthcare reform finally became a reality in our country with the enactment of the Patient Protection and Affordable Care Act (PPACA) in March 2010. As we attempt to synthesize the broad-reaching changes brought about by this momentous...... »
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February 01, 2011
RACaphobia is defined as an intense and persistent fear of an RAC Audit. As we have all become aware, RAC is an acronym that stands for Recovery Audit Contractor. These contractors are charged with the responsibility of implementing the Centers for Med... »
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January 01, 2011
In working with doctors and practice administrators throughout Florida for years on their malpractice insurance placement, I have often hoped that these simple resolutions would somehow make it on their resolutions lists. Even as important as malpractice... »
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December 10, 2010
Q: How many bare doctors are now practicing in Florida and have they begun purchasing coverage again now that malpractice premiums are so much lower?... »
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November 10, 2010
The one conclusion we can all agree upon as healthcare reforms begin is that, by definition, change is happening in medicine. With change comes potential for an explosion of lawsuits against doctors and hospitals if we are not careful. As we all know, v... »
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September 09, 2010
Yes, there certainly are some issues that don’t seem to be much thought about by those who have already joined hospitals. The main one that I am worried about is that most hospitals are demanding that they be the ones to decide the many important factors... »
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September 01, 2010
More than ever before, medical professionals are finding that outsourcing non-core business operations can help control costs and improve efficiency. Payroll and human resources are two areas in which professional practices have traditionally maintained c... »
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September 01, 2010
Q: Our practice occasionally receives money back from our workers’ compensation carrier. How can we tell if this is a dividend or return of excess company profits or premium?... »
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August 01, 2010
What do you really know about the role and cost of the insurance broker handling your malpractice insurance coverage? Most doctors and administrators are not completely clear about this and recently a new, small startup medical malpractice insurer in Flor... »
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July 07, 2010
I believe that the malpractice insurance market in Florida has now entered a new phase of level premiums for the next year. We will see pressure for small increases in the years to follow as the insurers’ profits are much thinner and expenses continue to... »
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June 01, 2010
This is probably the toughest question any expert in medical malpractice insurance is asked. Unfortunately, no easy answer exists that are appropriate for every doctor, but after considering all of the factors you will certainly be in a better position t... »
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May 10, 2010
If we are really in one if those chance-of-a-lifetime moments to fix healthcare, the fact that tort reform is completely off the table could be because of temporarily low malpractice insurance rates.... »
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May 09, 2010
Q: If our practice uses a payroll company or a Professional Employer Organization (PEO), can we carve out the workers’ compensation coverage to join a dividend program that will be more favorable?... »
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May 03, 2010
Clinics, labs, surgicenters, hospitals, rehabilitation facilities, and nursing homes are among facilities where doctors perform medical directorships. In many cases, doctors acting as medical directors are told to provide their own coverage for their pro... »
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April 01, 2010
Defending claims is really where “the rubber meets the road” in malpractice insurance! Doctors and their administrators often get hung up in looking just at premium quotes, marketing slogans, brokers’ service or personalities, or insurance-policy provisi... »
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February 01, 2010
The claims exposure for doctors going into nursing homes is much higher than for their normal practice, so most malpractice insurance policies specifically exclude coverage for this exposure.... »
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November 21, 2009
Everyone can agree that the 2003 workers’ compensation legislative reform has done exactly what it was designed to do. Florida employers have benefited as a system that was among one of the worst in the country has become one of the best, with premiums ra... »
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July 04, 2009
Much has been written on communication issues leading to malpractice lawsuits in health care because communication is the vital link not only between the patient and the doctors, but at every step of care, among each and every cast member involved in the... »
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April 05, 2009
In my November 2008 update I spoke about the Murray v. Mariner Health Florida Supreme Court decision (October 2008) and the anticipated impact this case would have on the Florida Workers Compensation system. In summary, the Supreme Court’s decision elimin... »
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April 05, 2009
One of the few bright spots in our economy is that malpractice insurance premiums have fallen by roughly a third for most Florida doctors over the last three to four years. We are firmly into a “soft” insurance market when many insurers compete against e... »
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November 18, 2008
It was less than one year ago that I wrote about enjoying the softening workers compensation market while it lasts. The Florida Supreme Court has spoken and the news is not good for Florida employers, especially at a time when they are already dealing wit... »
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November 01, 2008
Malpractice insurance markets have greatly improved
As we move forward into the second half of 2008, we find the Florida malpractice insurance marketplace continuing to improve with rates decreasing and underwriting requirements loosening.... »
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November 01, 2008
Medical liability protection requires that physicians are well-informed about patient safety issues quickly and reliably. The Health Care Notification Network (HCNN) is a new network to deliver drug safety alerts online to U.S. physicians and was recentl... »
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September 23, 2008
By now physicians and surgeons across Florida have realized that the malpractice insurance crisis of the early 2000s is over. Mailings, faxes and advertisements from agents and insurers, some large, established ones, and some new start-ups, are bombarding... »
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September 23, 2008
Medical liability claims declined in 2007, and many insurers are offering lower rates, according to a report from the Florida Office of Insurance Regulation.... »
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September 01, 2008
In mid-June a Lee County jury awarded nearly $10 million to a Ft. Meyers woman in a failure to diagnose allegation case in which the trial lasted two weeks. Dr. Kenneth Berdick, an internal medicine doctor in Ft. Meyers, had no professional liability ins... »
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June 10, 2008
In a close baseball game, plate umpires can change the outcome by changing the size of the strike zone. It seems that our lawmakers and judges are in the same mode while dealing with the amendments passed in 2004. The good news for doctors is that the... »
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June 10, 2008
For the fifth straight year, workers compensation premiums have fallen. Effective January 1, 2008 the NCCI (National Council for Compensation Insurance) recommended a 16.5% rate decrease. Florida’s insurance commissioner Kevin McCarty signed off on a larg... »
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September 25, 2007
The focus of so many risk management courses for doctors has been about the old standard of document, document, document. How many CME courses have you sat through drilling you with this worthy defensive motto? As important and essential as good documen... »
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June 12, 2007
Now that malpractice insurance prices are falling again there will be less temptation for physicians to practice without insurance. All seem to agree there must be some remedy for patients who become seriously injured as a result of true medical negligen... »
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June 01, 2007
The Florida malpractice insurance marketplace is clearly now in the beginning of the “soft” market phase. Rates are decreasing 10 – 20%, more insurers are entering the market, underwriting requirements are loosening, and there is a decreasing need for ex... »
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March 13, 2007
It’s turning out to be another good year for medical practices that provide workers’ compensation for their employees. As a result of some favorable legislative action that started in 2003, the rate for physician/clerical (8832) has decreased for the seco... »
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October 01, 2006
Ironically, shortly after being asked to write this article, we received a call from a physical therapy practice that recently approached a physician to discuss the physician’s becoming a potential... »
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September 01, 2006
You are encouraged to use this checklist every year to ask important questions about your current policy and company or one that you might be considering.... »
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August 01, 2006
Overall: Good News for Doctors
The tide has finally firmly changed in the medical malpractice marketplace in Florida. In the last 18 months the market’s rates have been stable instead of rapidly increasing as they had been during the height of Florida’s... »
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August 01, 2006
As the number of doctors in Florida practicing without malpractice insurance approaches unofficial estimates of 8,500 out of the approximately 32,000 total active Florida physicians, a number...... »
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June 01, 2006
Hospitals and insured doctors are feeling a bit relieved these days about their liability exposure for doctors who are uninsured. With the number of bare doctors rising, hospitals and insured doctors had become increasingly at risk...... »
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May 06, 2006
The problems of getting insurance coverage for medical directorships... »
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November 01, 2005
The most recent movement of doctors in Florida going bare is now almost three years old so some interesting observations can be made about this phenomenon. Florida is one of the only places in the nation where state laws allow doctors to practice without... »
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October 06, 2005
As malpractice insurance specialists we are continually being questioned about when and how coverage for locum tenens can be structured. Many doctors commonly assume that locum tenens coverage is automatic, which it is not, and the tail issues with locum... »
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June 01, 2005
Many doctors in south Florida have either “gone bare” or are wondering if this is their best course of action to manage their malpractice risk.... »
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May 14, 2005
By: Matt Gracey
Danna Gracey, Inc. and Medical Defense Soluations, Inc.... »
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