New OMIC Professional Liability Policy Form
OMIC has updated several provisions of its professional and limited office premises liability policy effective January 1, 2010. Some of the changes were necessary for compliance with applicable state and federal laws. Other changes simplify the vicarious liability provision and clarify or otherwise modify OMIC's coverage classifications. OMIC also incorporated into the standard professional liability policy and further enhanced coverage for regulatory proceedings, which had previously been provided to insureds under a separate Broad Regulatory Protection Policy (BRPP). Furthermore, the Consent to Settle section was revised to remove the provision that lowered the insured's limit of liability applicable to the claim if he or she refused to consent to settle. This change went into effect on February 7, 2009. Other benefits added to the policy take effect as of January 1, 2010. Any changes that may restrict coverage do not take effect until your policy renewal date. For a list of the 2010 policy changes, click here. To view and download a copy of the 2010 policy booklet, click here.
The January 1, 2009, policy booklet applied to policies effective January 1, 2009 through December 31, 2009. To view and download a copy of the 2009 policy booklet, click here.
Revised HIPAA/HITECH Business Associate Agreement
OMIC has revised its OMIC-Insured Business Associate Agreement to comply with the HITECH (Health Information Technology for Economic and Clinical Health) Act. The HITECH Act, part of the American Recovery and Reinvestment Act of 2009, requires Business Associate Agreements to be updated by February 17, 2010, to reflect the changes the Act made to the HIPAA Privacy and Security Rules already in place.
The HIPAA Privacy Rule, which took effect April 2003, required Covered Entities (most OMIC insureds) to enter into Agreements with their Business Associates (of which OMIC is one) that specified how protected health information (PHI) was to be used and disclosed by the Business Associate. At that time, OMIC gave each of its insureds a Business Associate Agreement that complied with the HIPAA regulations. Several years later, OMIC updated its Business Associate Agreement to comply with the HIPAA Security Rule by its deadline of April 21, 2005. The Security Rule outlined the administrative, physical, and technical safeguards Covered Entities and Business Associates must use to protect patient health information that is maintained or transmitted in electronic form.
The HITECH Act has made several additions and changes to the HIPAA Privacy and Security Rules. For example, the Act defines unsecured protected health information, and requires Business Associates to notify Covered Entities (and Covered Entities to notify affected individuals) when there is a breach of this unsecured PHI; it requires the granting of requests by individuals to limit the disclosure of their PHI in certain situations; it changes the requirements for the accounting of disclosures when electronic health records are used; and it sets new limitations on marketing uses and sale of PHI.
In order to assist our insureds, and so that OMIC need only maintain one agreement with all of its insureds, OMIC has updated the Business Associate Agreement it maintains between itself and all of its insureds to comply with the HITECH Act. Click here to download a copy of the revised Agreement.
UPDATE/PROVIDE YOUR E-MAIL ADDRESS
In an effort to expand the use of electronic mail for more cost-efficient and timely policyholder communications, OMIC is collecting email addresses for all member-insureds. Like other contact information, email addresses will be kept strictly confidential and used solely for OMIC business purposes.
To update/provide your email, you must know your RISK NUMBER. Your risk number is on the declarations page and consists of two letters followed by five numbers e.g. CT4567. It is not your policy number which begins with OMC e.g. OMC0001234. If you cannot find your RISK NUMBER please e-mail your name to underwriting@omic.com.
If you know your RISK NUMBER and want to update/provide your e-mail, please click here.
