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Errors & Omissions Insurance

Home Errors & Omissions Insurance

Protect Yourself from Professional Errors

Errors and omissions (E&O) insurance is a type of professional liability insurance that helps protect organizations against claims of mistakes or negligence in their services. E&O insurance is highly customizable to protect you and your company from the unique risks you face.

In particular, healthcare professionals face unique regulatory exposures, including billing error proceedings brought by government entities, HIPAA proceedings, and other medical regulatory proceedings.

Government agencies have targeted the healthcare industry to recover fraudulently received federal funds. Recovery Auditor Contractors’ (RAC) and Zone Program Integrity Contractors’ (ZPIC) compliance enforcement actions are expanding with increased enforcement power and significant incentives for finding fraud. That’s where errors and omissions insurance can help.

What E&O Insurance Covers

An errors and omissions insurance policy will vary depending on the specific policy language. Broadly, E&O insurance covers the following:

  • Professional negligence
  • Work errors, mistakes, or oversights
  • Missed deadlines
  • Failure to meet a particular standard of care or undelivered service

Typically, errors and omissions insurance policies are claims-made policies. That means coverage must be in place when a claim is made for the insurer to cover it. However, insurers can add retroactive dates to E&O insurance policies, providing coverage for losses that occurred in the past.

Regarding some healthcare-specific expenses, E&O may reimburse defense costs, fines, shadow audits, and penalties in billing errors, HIPAA, HITECH, EMTALA, or STARK proceedings.

Regulatory Proceedings Coverage
Coverage Includes:
Additional Coverage:
Regulatory Proceedings Coverage

Provides reimbursement for costs incurred as a result of regulatory investigations or other proceedings instituted against the Insured:

  • Governmental Entity (e.g. Center for Medicare Services)
    • Any federal or state department or agency
    • Any organization operating as a Medicare Integrity Program Coordinator (e.g. RAC, ZPIC)
  • Commercial Payors (e.g. Aetna, HealthNet, Blue Shield)
  • Qui Tam Plaintiffs (“whistleblowers”)
  • Voluntary Self Disclosure under Federal False Claims
    • Information disclosed to any Government Entity that may result in a Billing Errors Proceeding

Coverage Includes:
  • Defense Costs
    • Reasonable and necessary fees, costs, and expenses incurred in the investigation, defense, or appeal of a regulatory proceeding
  • Shadow Audit Expenses
    • Fees for services of a qualified audit professional.  A shadow auditor can also provide settlement advice, as a typical investigation could last between three and five years with several negotiation opportunities.
  • Regulatory Fines & Penalties
    • Any administrative fines and penalties an insured is required to pay as a result of a covered regulatory proceeding
    • Does not include any amounts that are intended to serve as restitution or repayment of monies received by the insured
Additional Coverage:
  • Stark Law
    • Covers regulatory fines and penalties and claim expenses as a result of proceedings alleging violations of any federal, state or local anti-kickback or self-referral laws.
  • HIPAA / HITECH
    • Covers regulatory fines and penalties and claim expenses as a result of proceedings alleging violations of the Health Insurance Portability and Accountability Act.
  • EMTALA Regulation
    • Covers regulatory fines and penalties and claim expenses as a result of proceedings alleging violations of the Emergency Medical Treatment and Labor Act.

What E&O Insurance Doesn’t Cover

Errors and omissions insurance does not cover every type of liability claim. This insurance won’t help your business with claims of:

  • Customer injury or property damage that your business causes. You’ll need a general liability insurance policy for these kinds of claims.
  • If an employee gets a work-related injury or illness, a workers’ compensation insurance policy is necessary to give your employees benefits to help them recover.
  • Suppose an employee sues for employment discrimination or harassment; employment practices liability insurancewill help cover these claims.
  • If your business property is damaged, destroyed, or stolen, then property insurance can pay to repair or replace the affected items.

Chivaroli Will Help You Find the Proper Errors and Omissions Insurance

Chivaroli & Associates works with a variety of organizations in the healthcare industry, developing programs to insure their risks. Whether your primary operations are in managed care, billing services, consulting, or alternative services, we can help find the proper errors and omissions coverage. Longstanding relationships with insurance companies around the globe present us with opportunities to create the ideal insurance solutions.

A stethoscope dangles off a pile of books, representing various laws that errors & omissions insurance can help safeguard against.

Call us today at  800.240.2448  or Email us at mail@chivaroli.com

Contact Us

Chivaroli and Associates Insurance Services is a full-service brokerage firm specializing in the custom-design and placement of insurance and alternative risk funding solutions for your healthcare organization.

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Address:
200 North Westlake Blvd., Suite 101
Westlake Village, CA 91362
Phone:
805-371-3680
E-mail:
mail@chivarolitr.wpengine.com

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