DPH moves to protect itself from malpractice suits
The Department of Public Health has moved to protect itself from expenses that may ensue allegations of medical malpractice occurring at a government health-care facility.
In a public notice, DPH designee Pete Untalan proposed rules and regulations making malpractice liability coverage a mandatory requirement for medical staff membership at the Commonwealth Health Center.
“The rule is intended to strike a balance between the need for coverage of DPH losses, while taking into account the fact that costly malpractice insurance premiums would pose a significant barrier to the private practice of medicine in the CNMI, which has a shortage of physicians to serve its people,” reads a portion of the public notice.
Under the draft regulations, each physician should present to the Public Health secretary any of the following requirements:
∑ Indemnification by the CNMI for its government employee staff;
∑ Proof of private medical malpractice liability insurance (occurrence type) coverage of $100,000; or
∑ Proof of other security acceptable to the Health secretary or the Attorney General’s Office for indemnification against any financial loss, costs, expenses or damages as a result of or related to the physician providing services, of not less than $150,000.
Alternative security vehicles include a surety bond, letter of credit, pledge of collateral, or escrow account.
“No physician shall be granted privileges at the Commonwealth Health Center until these requirements have been completed,” states a provision in the regulations.
The draft rules task the health secretary to review compliance on an ongoing basis.
Medical practitioners found to have failed to keep their medical malpractice coverage up to date will have 30 days to comply with the requirement.
Any physician who is unable to comply within the 30-day period will have his or her hospital privileges immediately suspended. The case will also be referred to the department’s Medical Executive Committee for further action, including possible permanent termination of privileges.