Page 4 - 2nd Quarter 2021 NFL Newsletter - Lawyers
P. 4

Communicating with Diagnosing Physicians                                                                                   Recent Revisions to Existing FAQs



              he Qualified BAP Providers and                    You, your client, or their authorized                              In our quarterly Status Reports we file with the Court, we describe all new FAQs and
        TQualified MAF Physicians who serve                     representatives may communicate with                               changes to existing FAQs. As reported in Claims Administrator Status Report No.12
        this Program follow the requirements                    diagnosing physicians and their office staff                       filed on May 13, 2021, we recently made substantive revisions to six existing FAQs:

        of the Settlement Agreement to make                     in the way that you would communicate
        decisions on diagnoses                                                       with a doctor you are
        and diagnosis dates using                                                    seeing for an exam.                          1    FAQ 4 (“Who are the settlement                            FAQ 109 (“What must the medical
        their independent medical          Important! You and your client            You may cover matters                             administrators?”), to add a note about                    records show for Level 1.5 and Level 2
                                                                                                                                                                                                 Neurocognitive Impairment diagnoses
                                                                                                                                       the BAP Administrator;
        judgment. If you or your           should not attempt to instruct            such as scheduling                                                                                    3
        client disagrees with a            or influence how physicians:              appointments, payment                                                                                       made in the BAP by Qualified BAP
        provider’s decision or has         1.  perform an exam,                      for the exam, requesting                          FAQ 95 (“What kind of communications                      Providers?”), to include in the Reminder
        any other concerns about                                                     records from the exam,                            may I have with the Qualified MAF                         a definition of “domestic partner”; and

        an exam or diagnosis,              2. determine if there is a                correcting factual things                         Physician?”), to clarify permissible
        contact us or the BAP                  Qualifying Diagnosis, or              the records may have                              communications about diagnoses and                        FAQs 277 (“Whom do I contact with
        Administrator. We will             3. assign a Qualifying                    wrong, and the doctor’s                      2    to require those communicating on a                       questions about Liens?”), 280 (“What
        evaluate everything and                Diagnosis date.                       diagnosis and advice.                             Settlement Class Member’s behalf to                       information must a government health
        follow up with the provider                                                                                                    obtain the Settlement Class Member’s                      insurer provide to assert a Medical
        as appropriate.                                                                                                                                                                    4
                                                                                                                                       permission;                                               Lien?”) and 314 (“Whom do I contact
                                                                                                                                                                                                 with questions about Liens?”), to

         FAQ 95 provides guidance on this subject to you, your client and their authorized                                                                                                       provide an updated email address for
         representatives and sets out specific communications and actions that are not appropriate.                                                                                              the BAP Administrator.




        4    INSIGHTS  Lawyers Edition               Second Quarter 2021                                                                                                      Second Quarter 2021                INSIGHTS  Lawyers Edition   5
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