Accountability brings increased risk
Here are some tips on protecting yourself
As we usher in a new era of case management accountability, case managers may want to take steps now to reduce their liability, a health care law expert says.
"Case management is taking on a more significant role because it is no longer focused solely on clinical case management but also has taken on an increasing amount of financial management," says Stephen J. Schanz, JD, LLM, publisher of Parameters, Guidelines and Protocols, a monthly health care law newsletter by Legamed Publishing in Raleigh, NC. "The first step case managers should take to reduce their liability is to make sure that their employers have clearly spelled out, patient-oriented case management policies and procedures."
Consider a second policy
The second step case managers should take toward minimizing their liability exposure is to determine whether their employer provides liability coverage, Schanz says. And, if case managers are unclear whether their employers provide adequate liability coverage, they might consider carrying an additional liability policy, he says.
"There are two schools of thought about liability insurance," Schanz says. "The first is that if a case manager carries an individual liability policy, it might make the case manager a more appealing target if a claim is filed. The other school of thought is that a little extra protection doesn’t cost much and could be invaluable. For example, your employer might claim you were working outside the scope of your employment and refuse coverage," he explains. "If you have an individual policy, it could protect you under those circumstances. Additionally, some policies will cover defense costs, which can be substantial. There are those who believe the cost of a personal policy is well worth the expense and allows them to sleep better at night."
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