CSURMA Fitting the Pieces Together Annual Conference

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1 The California State University CSURMA Fitting the Pieces Together Annual Conference Student Professional Liability November 6, 2006 Charlene M. Minnick, CSU Chief Risk Officer Rob Leong, CSURMA Program Directors

2 Session Outcomes What are common problems presented in Affiliation Agreements? What are reasonable insurance requirements CSU students should be expected to meet? What are reasonable liabilities CSU should be expected to bear? What are the CSU s solutions? 2

3 The Problem Challenges in Affiliation Agreements Wide variation in insurance requirements by host institutions. Inconsistent responses among campuses. Lack of a standard agreement for CSU. Inappropriate assumption of liability by campuses. 3

4 The SPLIP Solution I. Program Design II. Who s Covered? III. What s Covered? IV. How to Report Claims? V. Who is the Carrier? VI. What are Coverage Terms? VII. What is Cost? VIII. The Future? 4

5 When Available? Effective: August 1,

6 Program Design Blanket Student Professional Liability Insurance including: General Liability Personal Liability Medical Professional Liability Educator s Errors & Omissions Liability 6

7 Who s Covered? The California State University (CSU) All campuses of the CSU All employees, faculty, staff of the CSU All CSU students enrolled in a Nursing, Allied Health, or Teacher training practicum All CSU Auxiliary Organizations All Affiliate Institutions - Additional Insured 7

8 What s Covered - Nursing NURSING Case Manager Geriatric Nursing Assistant Nurses Aide, Facility Setting Nurses Aide, In-home Setting Nursing Assistant, Facility Setting Nursing Assistant, In-home Setting Home Health Aide LPN LVN Registered Nurse Nurse, Anesthetists Nurse, Midwives NURSE PRACTITIONER Geriatric Adult Family Planning Psychiatric Pediatric Neonatal Family Practice Acute Care OB-GYN Acute Critical Care OB-GYN 8

9 What s Covered - Allied Health Athletic Trainer Audiologist Blood Bank Technician Bio-Medical Technician Cardiology Technician Case Manager Certified Medical Assistant Certified Occupational Therapy Assistant Chiropractic Assistant Counseling: Alcohol/Drug Counselor Career Counselor Clinical Counselor Counselor Educator Life Coach Counselor Marriage/Family Counselor Mental Health Counselor Psychological Counselor Rehabilitation Counselor School Counselor Dietitian Electroencephalogram Technician Electrologist EMT- Paramedic Health Educator Kinesiologist/Kinesiotherapist Laboratory Aide Massage Therapist Medical Assistant Medical Technician Mental Retardation Worker Nutritionist Occupational Therapist Optometry Assistant/Technician Orthopedic Assistant Personal Trainer 9

10 What s Covered - Allied Health Pharmacist Technician Physical Therapist Physician Assistant Podiatric Assistant Psychologist Radiological Technician Rehabilitation Assistant Rehabilitation Therapist Respiratory Care Practitioner Social Worker Speech Hearing Therapist Speech Language Pathologist Sports Medicine Instructor Sports Medicine Therapist Surgical Technician Vascular Technologists X-Ray Machine Operator See Covered Professions for complete list. 10

11 Activities Covered - General Liability General Liability Incident means: An accident which results in bodily injury or property damage or a loss which results in personal injury or advertising injury, neither expected or intended from the standpoint of the Insured. 11

12 Activities Covered - Professional Liability Professional Liability Incident means: Any act, error or omission in the rendering of, or failure to render, Professional Services by the Insured. Professional Services means: Services performed by the Insured in the treatment and/or care of any client, resident or patient. 12

13 Activities Covered - Professional Services Professional Services include: MEDICAL PROFESSIONAL Medical Surgical Counseling Therapeutic Furnishing of: medical supplies surgical appliances medication blood and blood products food and beverages education and training research and development EDUCATOR S E&O LIABILITY Educational instruction Career guidance Student consumerism Class content Grading practices Guidance counseling Admittance procedures Expulsion procedures Integration Desegregation Student enrollment Extracurricular programs 13

14 Bells & Whistles No Exclusion for: Sexual Harassment Abuse or Molestation Corporal Punishment Discrimination AIDS 14

15 Bells & Whistles Coverage Extensions include: 1. Automatic Additional Insured for Host Institutions 2. 3 Year Extended Reporting Provision day Notice of Cancellation 4. Blanket Contractual Liability 5. Personal Injury Liability 6. No Fault Medical Payments 7. Volunteer work approved for professional experience 8. Grievance Proceedings Attorney Fees 9. Defendant Expense Reimbursement 10. Assault - to you or damage to your property 11. First Aid 15

16 Claims Reporting Student shall immediately provide written notice of any incident which may result in a claim to: Michelle Schlack Associate Director, CSU Systemwide Risk Management Phone: Fax: mshlack@calstate.edu The California State University Office of the Chancellor 401 Golden Shore, 5 th Floor Long Beach, CA

17 Important Note! This is a Claims-Made policy. Coverage is only provided for claims which are both: 1) First made against the Insured during the Policy Period; and 2) Reported to the Carrier as soon as practicable, but not later than 3 years after the Policy Period. Coverage is only provided for claims arising from Professional Services which are rendered or Incidents which occurred during the Policy Period. Extended Reporting Period: Three (3) years from policy Expiration date. 17

18 Who is the Carrier? Lloyd s, London 18

19 Policy Limits $5,000,000 each Loss $15,000,000 Aggregate All Covered parties, not per student Deductible: $ Defense Cost - included for covered claims. 19

20 Policy Limits Sub-limit: $5,000 per incident / $100,000 aggregate applies to: School Grievance/Academic Disciplinary Hearings Damage to Property of Others Assault Coverage Medical Payments First Aid Expenses Defendant Expense Benefit 20

21 What is Cost? College Year : $16 Flat Rate per Student. No discount for students enrolled less than the full year. No return premium for students terminating from program. No return premium for students with alternative coverage. All students enrolled in Nursing, Allied Health or Education. Campus cost derived from CSU Credential Program Enrollment Reports (Analytic Studies). 21

22 Charge Back to Students? Campuses may continue to add administrative processing fees as appropriate. Student paid premiums for coverage will be a Category III fee. Pursuant to Executive Order 740, the Chancellor has the authority to establish Category III fees, and the Campus Presidents have authority to adjust Category III fees. As necessary, each Campus President should initiate pursuant to Executive Order 740 a review by the campus fee advisory committee. 22

23 The Future In development: Model Agreements Master Agreements Key Partners affiliate institutions CSU Standard Agreements 23

24 Questions? 24

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