Challenge Indemnity Update 30.04.20
To our Consultants:
I wanted to take this opportunity to update you on the current indemnity arena from a Challenge perspective.
Firstly it is important to state again that there have been no changes made to the current consultant indemnity contracts (outside of additional covid support measures). All of the change in circumstance, scenarios and patient status is occurring on the Private Hospital, HSE and State Claims Agency (SCA) end. We have been in communications with the relevant parties and continue to be up to date on a weekly basis.
There are an increasing number of possible scenarios which our consultant clients may or may not find themselves in, which are generating queries like, is it a public or a private hospital? is my patient public or private? are my rooms covered? can I work offsite? what defines a public patient ? and so on.
We have a good working relationship with the SCA and as an indemnity supplier it is important to have an understanding of how each moving part works. We can confidently advise you that no consultant indemnified through Challenge will go exposed during this covid period once they are providing services within their current policy terms and conditions and/or under the Clinical Indemnity Scheme (CIS) umbrella.
The CIS update over the weekend was as follows:
“UPDATED NOTICE CONCERNING CLINICAL INDEMNITY SCHEME COVER FOR HOSPITAL CONSULTANTS IN RESPECT OF THE TREATMENT OF PUBLIC PATIENTS IN A PRIVATE HOSPITAL”
All Consultants who treat public patients in a private hospital, which has signed up to the Heads of Terms agreed with the HSE, will be covered by the Clinical Indemnity Scheme (CIS).
Cover under the CIS also applies in circumstances where the Consultant, at the time of providing such treatment, has not yet signed a locum Type A contract with the HSE. CIS cover will apply, including retrospectively, in respect of the treatment of such patients, provided that the Consultant, where he/she has not yet signed a locum Type A contract, agrees not to charge a patient, insurer, hospital or the HSE for such treatment.
CIS indemnity for Consultants who treat patients in a private hospital and who have not yet signed a locum Type A contract is time-bound and will last until midnight, Sunday 3ro May 2020, pending clarity in respect of on-going contract negotiations between the Irish Hospital Consultants Association and the HSE.
State Claims Agency,
April 2020.”
Relevant points:
All Consultants who are indemnified through Challenge have a comprehensive contract of insurance with regulated insurance firms.
Coverage will continue to apply in the same way as per the healthcare services declared in their respective application forms and as per their existing policy terms and conditions
Whilst it would be preferable for our clients to be paid for their services, remuneration is not a prerequisite for coverage to apply.
The Territorial limits are for hospital practice within the Republic of Ireland.
CIS coverage will apply in the scenarios as outlined in their recent communications.
We advise our consultants to notify us of any change in their practice which would be deemed a material fact by an underwriter.
The below scenarios are exclusively in respect of services provided at a PHA hospital who have signed up to the Heads of Terms agreed with HSE.
Scenarios where a private consultant does not sign the HSE Temporary Type A Contract
1. All private healthcare services provided up to and including 31st March 2020 will remain covered under their indemnity contract as per existing policy terms and conditions.
2. All remunerated private healthcare services provided after 01st April 2020 will remain covered under their indemnity contract as per existing policy terms and conditions.
3. All non-remunerated (pro-bono) healthcare services provided after 01st April 2020 up to and incl 3rd May 2020 will be covered by CIS
4. All healthcare services provided after 03rd May 2020 will be covered under their indemnity contract as per existing policy terms and conditions
Scenarios where a private consultant does sign the HSE Temporary Type A Contract
1. All private healthcare services provided up to and including 31st March 2020 will remain covered under their indemnity contract as per existing policy terms and conditions.
2. All remunerated private healthcare services provided after 01st April 2020 will remain covered under their indemnity contract as per your existing policy terms and conditions.
3. All HSE Temporary A Contract and non-remunerated (pro-bono) healthcare services provided after 01st April 2020 will be covered by CIS (cessation date to be finalised)
The priority at Challenge during this time is to support and protect all of our private consultants. A large part of the Challenge success is down to the comprehensive nature of the coverage we supply. We spend a lot of time researching and negotiating with insurance companies to ensure we are maximising the cover offering and we see now how it pays off at a time like this.
Can I encourage you to advise any consultant with an indemnity query to contact us directly so we can provide them with prompt, accurate and up to date information at this difficult time for you all.
Indemnity should not be a barrier for the application of best practice in the nationwide fight against COVID-19.
Many thanks for your continued support and commitment to care for all in the coming months.
Regards,
______________
David Walsh
Managing Director
Challenge