Leaders of hospitals and health systems continue to deal with the economics of healthcare and the safe delivery of patient care, but must also keep their eye on new and developing risk issues arising directly from their own oversight and fiduciary responsibilities.

Author: Trevor Weyland

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The last three years have been incredibly challenging for healthcare providers on so many levels, and in this paper we focus on the developing risk issues for healthcare entities in management liability insurance.

The healthcare regulatory, business and social environment continues to change rapidly, accelerated in many ways by COVID-19. Management liability insurance risks are keeping pace — the traditional concerns still exist, albeit in developed form — and new risks exposures have arrived in areas such as excessive fee litigation against benefit plan fiduciaries; COVID-19-triggered financial and employment challenges; and website tracking litigation against hospitals.

A few areas of concern covered are:

  • Excessive fee litigation
  • Website tracking and pixel claims against hospitals
  • Health care mergers and acquisitions (M&A) and antitrust
  • False Claims Act (FCA), fraud and abuse
  • Non-indemnifiable claims against hospital directors and officers
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