205 Richmond St. West, Suite 502 Toronto, ON M5V 1V3 P: F:

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1 205 Richmond St. West, Suite 502 Toronto, ON M5V 1V3 P: F: February 11, 2014 Dear Member, As an RPN registered in Ontario, you have probably received information from the College of Nurses of Ontario that effective March 31, 2014 all nurses registered in Ontario will be required to have professional liability. For the past few months The Ontario Council of Hospital Unions has been receiving many enquiries from CUPE members regarding this amendment initiated by the government of Ontario. The Ontario Council of Hospital Unions (OCHU) bargains a central contract and coordinates campaigns for 30,000 CUPE hospital and LTC members. OCHU and our legal counsel are advising members of CUPE that you must maintain your own professional liability to be in compliance with the by-law amendment of CNO. Your employer will not provide the proper protection. We understand that any extra costs that are involved in practicing as a RPN can an issue for our members. To anticipate this new expense for our members, OCHU spent the past few months obtaining proposals from insurance brokers to see if we can obtain an affordable and competitive professional liability options for our members. During the OCHU Registered Practical Nurses Conference 2014, we were pleased to announce that we partnered with the insurance brokerage LMS PROLINK to provide CUPE members a cost effective solution. CUPE members can obtain the required amount of liability insurance ($1 Million per claim, $2 Million aggregate) for $90 per year! Members also have the option to purchase limits up to $5,000,000. One of the main benefits of obtaining your own professional liability insurance is for when a claim arises; you will be assigned your OWN legal counsel whose priority is to represent YOUR interests. Your employer s policy is designed to protect your employer. If you are named in a suit, you would not have to share legal resources with your employer when you maintained your own professional liability policy.

2 This policy exceeds CNO s minimum requirement. Please see enclosed information on this insurance program along with the complete instructions to apply online. The policy effective date is March 31, Through LMS PROLINK, you can apply, pay, and obtain your proof of insurance online in less than 5 minutes! Although applying and paying online is the preferred method as it avoids delays and issues with Canada Post beyond our control, we have also included a hard copy of the insurance application. The address and cheque payment information is on top of the first page of the application. If you applied online you do not need to submit this application. Please kindly print neatly if you choose to fax or mail the application. Please bookmark or visit for constant updates on the program. We thank you in advance for taking the opportunity and responsibility for protecting your career and livelihood as a RPN. Yours in solidarity, Helen Fetterly Secretary-Treasurer

3 Ontario Council of Hospital Unions / CUPE has partnered with LMS PROLINK to provide Professional Liability Protection (PLP) exclusively for Registered Practical Nurses who are members of OCHU / CUPE. For over 30 years LMS PROLINK has been a 100% Canadian owned independent insurance brokerage serving members of unions and associations. We are pleased to announce that OCHU and LMS PROLINK have found a solution that is not only costeffective, but provides comprehensive coverage required by RPN s in Ontario. HIGHLIGHTS INCLUDE: ü Members can obtain $1,000,000 in Professional Liability Protection for a total annual cost of $90 + tax. Higher Limits are also available up to $5,000,0000 ($185 + tax). All with no deductible! ü ü ü ü Complete online solutions Apply, pay and obtain your certificate of insurance in less than 5 minutes! PLP exceeds the minimum requirements of Bill 179 and the College of Nurses of Ontario. Coverage extended to RPN services rendered outside of your employment agreement with a hospital or Long- Term Care Facility Members do not have to pay fees to a separate Nursing Association in order to access competitive group insurance rates! LMS PROLINK is excited to work with OCHU and CUPE in protecting the careers of RPN s. Starting date of coverage is March 31, 2014 For further information on LMS PROLINK please visit or contact: Jonathan Bracamonte Account Executive P: TF: E: OCHU@LMS.ca LMS PROLINK Ltd. 480 University Ave. Suite 800 Toronto ON. M5G 1V2

4 OCHU/CUPE Professional Liability Insurance Program FAQs When does the OCHU/CUPE Professional Liability Protection Program start? The starting date of coverage is March 31, This is the date the College of Nurses By- law 44.4 comes into effect requiring all nurses registered to work in Ontario to obtain Professional Liability Protection (PLP). Once you receive information from OCHU/CUPE we urge you to apply before March 31. I have not received the information package from CUPE and want to apply for the coverage. Who can I contact? Please OCHU@LMS.ca or call ext What are the requirements to qualify for this program? You must be a Registered Practical Nurse (RPN), registered with College of Nurses of Ontario, and be a CUPE Union Member in good standing. What is Professional Liability Protection? Professional Liability Protection (PLP) is also known as Professional Liability Insurance, Malpractice or Errors & Omissions Insurance. In the event a third party (i.e. patient) makes a claim against you arising out your professional service as a RPN, the policy will respond to liability from negligence while rendering, or failure to render, professional service. Professional Liability insurance provides claims assistance and legal representation. The limit of insurance purchased covers both legal defense costs and damages awarded to a third party. The Professional Liability Protection starts at $1,000,000 in coverage. What will $1,000,000 pay for? We have all heard media reports of professionals or organizations being sued for damages to a victimized third party. Damages are typically only one part of the claim that would be paid out by an insurance policy. The majority of all claims paid out by a Professional Liability Policy are to cover the fees and legal expenses required to mount a legal defence. In most cases, damages are not even awarded to a victim, but lawyers will still require compensation. Currently the average fee for a lawyer who specialized in medical malpractice insurance in Canada is $500 $700 per hour. The liability limit will pay for all reasonable and necessary costs, charges, fees, (including but not limited to legal fees) and expenses incurred over the course of an investigation, negotiation, arbitration and defence of any covered claim.

5 I am solely an employee. Would my employer s insurance policy not protect me? As a regulated health care professional, relying on your employers insurance is risky. Should you be named in a lawsuit, your employer and yourself will be named in the lawsuit. Your employer s liability policy is designed to protect your employer, not you. Benefits of maintaining your own policy and not replying on your employer s policy include: The limit of insurance on your employer s policy will be shared by you, your employer, or anyone else named in a suit. If the judgment against you is higher than your employer s limit of insurance, you could be responsible for your share of the excess amount. When you have your own policy, during a lawsuit, you will be assigned your own legal counsel and defence. You will not have to share legal resources with your employer s lawyer. You are most likely not aware if your employer is keeping their insurance up to date. If their policy is cancelled or lapsed you will not have coverage for yourself. Do you conduct RPN services outside your employment agreement? Your employer s policy surely would not cover your other activities. If your employer decided that you acted outside the scope of your agreement their policy may not protect you. Your employer s policy will not defend you when a member of the public makes a complaint to your regulatory body or if you are charge criminally. Anyone can make a complaint about you to your regulatory body at no cost to themselves. This insurance policy will pay up to $25,000 in legal fees in the event of a complaint to your regulatory body. What happens if I change jobs, work for more than one employer, volunteer elsewhere, work for my own private practice, or assist a stranger in public? As long as you are a member of CUPE, this coverage will cover you in all of these situations for your RPN services. Is there a deductible? There is no deductible for the OCHU Professional Liability Program. Am I covered if a patient accuses me of abuse? Criminal acts such as molestation, harassment, corporal punishment, assault or battery or any form of sexual or physical abuse are not covered under this Professional Liability Protection policy. If however you are successfully acquitted and receive a not guilty verdict (or the charges are withdrawn) this policy will reimburse you up to $50,000 for legal expenses incurred to defend you. When I take out insurance through LMS PROLINK, is this for an annual term? All policies under the OCHU/CUPE program will expire March 31, 2015 regardless of when you apply. We will you in February 2015 to remind you to renew your insurance. What is my username and password required to apply online? Please refer to your information package for complete instructions including your user name and password. OCHU@LMS.ca if you do not have this information package. I applied and paid online. Should I have received confirmation in the mail? No. You would have received your credit card confirmation / receipt via . To view and print your evidence of insurance, go directly to Your user name will be your complete address, and your new password was created by you during the online application process. For more information please visit If you still have questions and would like to speak to an insurance professional, please contact LMS PROLINK directly at OCHU@LMS.ca or at by calling our office toll free at during regular business hours (M- F, 8am to 5pm EST).

6 OCHU/CUPE Professional Liability Insurance Instructions for RPN s To apply for liability insurance or to view plan pricing / coverage please follow these simple instructions: 1. Go to 2. Click on the APPLY ONLINE tab in the left section of the webpage. 3. If logging in for the very first time use the following generic credentials: a. User Name: ochu b. Password: ochu12 4. This will get you into the online application. Set up your own account by entering your CNO Registration Number and CUPE local number and complete the application. You will also be prompted to set up a unique account using your own as the user name and your own password. This will be the credentials you use from now on to log back into the system. 5. If you pay with Visa / MasterCard (and there are no issues with your application) you will be able to bind coverage immediately and sign back in to obtain your proof of insurance. Simply log back in by following steps 1 & 2. Your complete address is now your User Name and you created your unique Password while applying online. A credit card receipt will also be automatically ed to you. If you opt not to use credit card, than you will be ed once your application has been manually approved and payment method has been cleared. If these instructions are unclear, or if you require more information please contact LMS PROLINK directly at OCHU@LMS.ca or at by calling our office toll free at during regular business hours (M- F, 8am to 5pm EST).

7 REGISTERED PRACTICAL NURSE MEMBERS OF THE ONTARIO COUNCIL OF HOSPITAL UNIONS/CANADIAN UNION OF PUBLIC EMPLOYEES PROFESSIONAL LIABILITY INSURANCE APPLICATION Please forward application to: LMS Prolink Ltd. 480 University Avenue, Suite 800 Toronto, Ontario M5G 1V2 Tel: Fax: All cheques should be made payable to LMS Prolink Ltd. General Information 1. (a) Applicant s Full Name: (b) Address: (c) Address: (d) Telephone: Business Activities 2. (a) CUPE Local No.: (b) CNO Membership No.: (c) How are you registered with the CNO? Registered Practical Nurse Registered Nurse Nurse Practitioner Note: only Registered Practical Nurses (RPNs) who are members in good standing with the CNO and CUPE are eligible to purchase coverage under this insurance program. 3. Confirm whether you are: solely an employed professional (Provide employer s name: ) an employed professional, but also working part-time as an independent practitioner or in private practice Insurance Options Professional Liability (Mandatory) select one of the options below: Limits of Liability Deductible Annual Premium* 8% P.S.T. Total $1,000,000 per claim / $2,000,000 aggregate $0 $90.00 $6.80 $96.80 $2,000,000 per claim / $2,000,000 aggregate $0 $ $8.72 $ $5,000,000 per claim / $5,000,000 aggregate $0 $ $14.40 $ All Annual Premiums include a $5.00 Administration Fee Past Activities If you answer Yes to any of the following questions, you must remit full details to LMS Prolink Ltd. 4. Have you ever been declined, non-renewed or cancelled by an insurer for Professional Liability Insurance? Yes No If Yes, explain: 119.ManAppe (02/14) Trisura Guarantee Insurance Company Page 1 of 2

8 5. Have you ever been subject to disciplinary action by, or suspended from practice by, any governing body ofyour profession? Yes No If Yes, explain: 6. Have you ever had a claim made against you arising out of the performance of professional services? Yes No If Yes, please provide the following details on a separate sheet: (a) Date of Claim; (b) Claimant s Name; (c) Nature of Claim; (d) Current Status of Claim; THE APPLICANT DOES HEREBY PROVIDE THE FOLLOWING WARRANTY TO THE INSURER 7. Do you have knowledge or information of any fact, circumstance or situation which could reasonably give rise to a claim which would fall within the scope of the proposed insurance? Yes No If Yes, provide details: It is understood and agreed that if knowledge of any such facts, circumstances or situations exists, whether or not disclosed, any claim or action subsequently arising or developing therefrom shall be excluded from coverage under any policy issued by Trisura Guarantee Insurance Company. PRIVACY DISCLOSURE AND CONSENT The undersigned authorized representative acknowledges that any personal information provided in connection with the insurance applied for, including but not limited to the information contained in this Application, has been collected in accordance with all applicable privacy legislation. The undersigned confirms that all necessary consents have been obtained for the collection, use, and disclosure of such information for the purposes of any investigation and inquiry in connection with this Application for insurance and, if applicable, investigating and settling claims, detecting and preventing fraud, and acting as required or authorized by law. FALSE INFORMATION Any person who, knowingly and with intent to defraud any insurance company or other person, files an Application for insurance containing any false information, or conceals information concerning any fact material thereto for the purpose of misleading any insurance company or other person, commits a fraudulent insurance act which is a crime. DECLARATIONS AND SIGNATURE The undersigned authorized representative of the Applicant: (i) declares, after inquiry, that the statements and representations set forth in this Application, and all materials submitted to or requested by the Insurer in conjunction with this Application, are true; (ii) acknowledges that these statements, representations, and materials are relied on by the Insurer and that they shall be deemed material to the acceptance of the risk assumed by the Insurer under the insurance applied for, should the insurance be effected; and (iii) agrees that if the information supplied in connection with this Application changes between the date of this Application and the effective date of any insurance effected pursuant to this Application, the undersigned will immediately notify the Insurer of such changes, and the Insurer may withdraw or modify any outstanding indications, quotations and/or authorization or agreement to effect the insurance. Signing of this Application does not obligate the Applicant or the Insurer to effect the insurance, but it is agreed that all materials submitted to or requested by the Insurer in conjunction with this Application are hereby incorporated by reference into this Application and made a part hereof. It is further agreed that this Application and all materials submitted to or requested by the Insurer in conjunction with this Application are the basis of and are deemed attached to and incorporated into any policy effected pursuant to this Application. PLEASE NOTE: COVERAGE CANNOT BE EFFECTED UNTIL THIS APPLICATION HAS BEEN FULLY COMPLETED, DULY SIGNED AND DATED, AND THE PREMIUM HAS BEEN PAID IN FULL. Signature Date 119.ManAppe (02/14) Trisura Guarantee Insurance Company Page 2 of 2