Pennsylvania - Via Subchapter B, Section 711 of the Medical Care Availability and Reduction of Error Fund, physicians maintaining a Pennsylvania license must secure individual medical liability insurance in the amounts of $750.0k / $2.250M if participating and $1.0M / $3.0M if not participating.
Teleradiology – The importance of Mcare for teleradiology and teleradioligsts does not lie in the partipication or non-participation of the Fund, but rather in complying with Commonwealth requirements to maintain a valid Pennsylvania medical license.
It is true that most teleradiology/teleradiology companies providing services to Pennsylvania contracts do not qualify for Fund participation. While insureTelerad.com believes that the test for participation is applied incorrectly by most telerad companies, it is none-the-less common occurrence for organizations to provide telerad services to Commonwealth clients without mandated Fund participation.
A greater issue lies with Pennsylvania’s requirements to maintain a valid medical license. Make no mistake – Mcare is clear that for a physician to hold a valid PA Medical License s/he must provide proof of medical liability insurance and the liability insurance must have limits that apply individually – not on a shared basis.
Herein lays the problem for teleradiology: It is quite common for group telerad insurance policies to provide limits of liability on a shared occurrence basis. In fact, a few years ago, this was not only common – but the norm. If a teleradiologist is insured on a medical liability insurance policy with a shared occurrence limit – and presents this policy as proof of compliance with Mcare for a PA Medical Licensed, then the radiologist is not in compliance with Mcare and the medical license is invalid.
This happens more often than most think – and presents great legal implications for any lawsuit arising out of the non-complying radiologist and his/her client (i.e., Hospital) for which the subject interpretation was performed.
If you have any questions about the medical liability insurance policy utilized to validate your PA Medical License – please call insureTelerad.com and we can advise as to the type of limits on the policy.
If you are a PA Hospital and are concerned about the teleradiology organization utilized at your own facility – please call insureTelerad.com and ask about Hospital Consulting Service. |