­
Sunday, May 18, 2025 2:00:40 PM

DPH makes concession but proceeds with medical malpractice regs

By
|
Posted on Oct 09 2005
Share

The Department of Public Health has made some concession, but is proceeding with strongly opposed regulations on medical malpractice.

The regulations, which make malpractice liability coverage a mandatory requirement for the medical staff at the Commonwealth Health Center, were adopted recently despite opposition from doctors.

According to a summary of comments received by DPH, most physicians disagree with the regulations because malpractice insurance was extremely difficult to obtain and unaffordable to them.

The physicians also reportedly indicated that the alternative forms of financial products anticipated by the rules and regulations—as proposed by DPH—were not acceptable to them as they would tie up their assets and be financially burdensome.

Furthermore, the doctors said the enforcement of the rule as proposed would result in private physicians losing hospital privileges and subsequent loss of the medical services provided to them.

Public Health maintained, however, that medical malpractice insurance was vital to protecting the government and the taxpayers from expenses that might arise from alleged medical malpractice occurring at the government-run hospital.

“When private physicians use the government hospital facilities as part of their business, they are not ordinarily subject to government control, and so some protection of the government and public interest is required so that taxpayers don’t suffer losses caused by the private business of another,” the department said.

Accordingly, before a physician could practice at CHC, he or she must first present indemnification by the CNMI for its government employee staff, as well as proof of private medical malpractice liability insurance (occurrence type) coverage of $100,000.

As a concession, however, Public Health lowered the amount of the required other proof of security from the proposed $150,000 to $100,000. Possible alternative security vehicles available for physicians 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,” a portion of the regulations stated.

The new regulations also task the Health secretary to review compliance on an ongoing basis.

Medical practitioners who are found to have failed to keep their medical malpractice coverage up to date are given 30 days to comply with the requirement.

Meanwhile, 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.

Disclaimer: Comments are moderated. They will not appear immediately or even on the same day. Comments should be related to the topic. Off-topic comments would be deleted. Profanities are not allowed. Comments that are potentially libelous, inflammatory, or slanderous would be deleted.