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Employers Urged to Review EPLI Policies as COVID Lawsuits Loom
BY VANESSA ORR being challenged in employees as well as patients. to make sure they contain no COVID
knowing how to best “Once you set up protocols, including exclusions, particularly on new policies.
As businesses begin to bring employees back to guidelines and restrictions, you need to “We’re seeing policies with new sup-
open back up, employers are work, and how to deal follow them,” Gracey warned. “Many plemental agreements attached where
facing a myriad of issues with employee concerns businesses are saying that employees the employers have to swear that they are
pertaining to employee and and fears around must wear masks, but half of the employ- following CDC guidelines, and that if
patient safety. Some employ- COVID-19.” ees aren’t wearing masks and no one is they don’t, the policy won’t cover them,”
ees are ready to work but are While many employ- enforcing the rule. While CDC guide- said Gracey, adding that larger organiza-
afraid of contracting the ers are following CDC lines say that in certain conditions tions should have someone keep track of
virus; others may refuse to guidelines, sometimes employees must have full PPE protec- their in-house communications—includ-
follow CDC guidelines, their own employees tion, in numerous cases it is not being ing updates and enforcement—with
despite these rules being in refuse to comply, making provided because it is not available, or employees about the guidelines.
place to ensure a safe it extremely difficult to the employees are not wearing it—creat- While many employers do not carry
reopening. Still others Matt Gracey balance the guidelines ing fertile ground for lawsuits.” EPLI coverage, or confuse it with
might be planning to sue with running their com- As more is learned about the virus and employee benefits coverage, it’s impor-
their places of employment for not pro- panies, Gracey added. how it spreads, employers must keep up tant to talk to an agent who is an expert
tecting them from the virus in the first “That’s across the board for employers with changes in the guidelines and com- on the coverage and can shop it widely,
place. in every industry, but when you drill municate these to employees, patients as the EPLI insurance marketplace is
According to Matt Gracey, medical down into the healthcare sector, it and vendors, as well as anyone who can tightening up and policies are becoming
malpractice insurance specialist at becomes a matter of life and death,” he endanger employees’ health. more expensive.
Danna-Gracey, the largest independent said. “We believe that there will be even “The fact that things are constantly
medical malpractice insurance agency in more lawsuits coming out of the medical changing won’t let employers off the
Florida, it is important that employers world than out of most other industries hook for this responsibility,” said Gracey.
check the status of their employment because a lot of its employees are on the “Of course, it’s confusing, and a lot of
practices liability insurance, or EPLI. front lines. For these employees to be people just don’t want to follow the
“A good EPLI policy will cover a myr- fully in compliance with CDC guidelines guidelines, but this can have serious con-
iad of complaints and lawsuits that result is extremely difficult if not impossible in sequences, including death. There will be
from employees filing suit against some settings, but that most likely will numerous lawsuits stemming not just
employers for doing things that they not let employers off the hook for law- from people dying, but from getting sick To find out if you’re prepared, contact
think are not right,” he explained. “In suits.” and the consequences that follow.” Matt Gracey or Tom Murphy at
this era, EPLI coverage is becoming more Insurance agents are counseling Employers should contact their insur- (800) 966-2120 or
and more important as employers are employers to set up protocols for ance agents or review their own policies visit www.dannagracey.com.
When It Comes to Patient Care,
What is Your Lollypop?
Growing up as a kid, although I loved going
to the doctor, I absolutely hated going to the
dentist. The fluoride treatments, the sharp
instruments and what I thought was toothpaste
mixed with sand was all I could take.
Fortunately for me (and definitely my mother),
after watching me squirm, pout, and protest for
three routine cleanings in a row, the receptionist
started handing me a lollypop upon my arrival.
She would make me promise not to have it until
after the appointment, but as counterintuitive
as giving sweets to a five-year-old might seem,
it changed my attitude completely. BY JAY JUFFRE
So how does this relate to what is happening
today? Because of COVID-19, survey after survey shows many Americans
are extremely reluctant to seek medical care. Whether it be for a routine
doctor visit or outpatient procedure, people are saying they are willing to
put it off as opposed to taking the risk of getting sick.
Now, I am not advocating giving out candy to reluctant adults, but it is
clear to see that folks are nervous. Get with your teams. Talk about little
ways they can make patients and their families feel comfortable about com-
ing in. Do not hesitate to take credit for the things you are doing to keep
them safe. Talk about the positive changes or precautions you are taking
which demonstrate they can count on your organization to provide excel-
lent and safe care.
Get creative. Is there anything you can do to entice them? Once they
come in, your engaged staff will take it from there and help minimize fear
and maximize care. COVID-19 has been a horrible time in history for our
country and the world, we do not want to make it any worse because people
do not seek the attention and treatment they need. Consider what symbolic
lollypop you can offer your patients. They will appreciate it!
Jay Juffre is Executive Vice President, ImageFIRST. For more information on
ImageFIRST, call 1-800-932-7472 or visit www.imagefirst.com.
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