When was the last time you checked your E&O or D&O liability coverage? Does your program include full anti-trust coverage for all managed care wrongful acts? Does it cover independent contractors? It may be a good time to let managed care liability experts review your policy to make sure you really are protected against this growing and potentially catastrophic risk.

As the nation’s largest health plan reinsurance broker, at Evergreen Re we have seen managed care liability risks significantly change. Unfortunately many policies have not. In fact, of the numerous E&O and D&O policies we’ve reviewed for our health plan reinsurance clients during this past year alone, we have been able to remove or modify significant exclusions and add major enhancements to every policy.

Many of the new threats to health plans and their directors are due to growing complexity and availability of new treatments and technologies. Regulatory requirements including HIPAA and electronic medical records are expanding. Virtually all plans, whether or not they are offering Medicare/Part D coverage, face Part D issues that can increase liability. Many MCOs have expanded activities such as ASO initiatives and don’t realize they need to protect themselves in this area.

While this market has historically been driven by very few insurers and a very small number of brokers -- mostly generalists who are asked to handle this highly specialized risk –we have applied our managed care expertise to provide a comprehensive approach to manage liability coverage, a very important part of any risk management program.