M E M O R A N D U M. DATE: March 1, IU School of Medicine Graduating House Staff TO: FROM:

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1 M E M O R A N D U M DATE: March 1, 2016 TO: FROM: SUBJ: IU School of Medicine Graduating House Staff Michelle S. Howenstine, MD Associate Dean, Graduate Medical Education Professional Liability Insurance As graduating residents/fellows, many of you will be applying for privileges at other hospitals or managed care facilities. In order to complete the applications for privileges, you will be required to provide information regarding the professional liability insurance policies held by the affiliated hospitals that provided your malpractice coverage for you while you were serving your residency/fellowship. The affiliated hospitals include IU Health Methodist, IU and Riley Hospitals, Eskenazi Health, and Veterans Affairs Medical Center. The enclosed documents provide the professional liability insurance information for each of the above hospitals. Note that as of July 1, 1999, the individual limits of liability increased to $250,000 per occurrence and $1,250,000 annual aggregate due to the changes in the Indiana Medical Malpractice Act. The Patients Compensation Fund pays the claim difference between $250,000 and $1,250,000 if the provider qualifies as a health care provider. Indiana University and its medical and dental residents do qualify as health care providers under this Act. Prior to July 1, 1999, the individual limits of liability were $100,000 per occurrence and $300,000 annual aggregate. The professional liability insurance coverage does not cover acts or omissions occurring outside the jurisdiction of the hospitals or the training program assignments. When additional information is requested, please contact the following departments to expedite the credentialing process: Office of Graduate Medical Education IU School of Medicine Fesler Hall, Rm W. Michigan Street Indianapolis, IN Phone: Fax: Sharon Siddall IU Health Risk Retention Group Fairbanks Hall Ste W. 10th St. Indianapolis, IN Phone: Fax: ssiddall@iuhealth.org

2 Page 2 Legal Services Eskenazi Health 720 Eskenazi Avenue Fifth Third Bank Bldg., 5th Floor Indianapolis, IN Phone: Fax: Mary Ann Waterman Department of Veterans Affairs Chief of Staff Office 1481W 10th Street Indianapolis, IN Fax: mary.waterman2@va.gov or Robyn Johnson-Smith robyn.johnson-smith@va.gov Please allow thirty days for the fulfillment of your request. Enclosures PROFESSIONAL LIABILITY INS

3 March 1, 2016 TO WHOM IT MAY CONCERN: In response to your request for insurance verification and malpractice claims history, we submit the following: Please find attached the professional liability insurance history for Indiana University Health, Inc. (formerly known as Clarian Health Partners, Inc.), IU Health Methodist Hospital, IU Health University Hospital, and Riley Hospital for Children IU Health, (hereinafter IU Health ). The summary contains the identity of insurance policies and policy periods under which the abovereferenced hospitals were insured or self-insured jointly or separately, depending on the year in question. All of the above hospitals are qualified health care providers and are therefore entitled to a limit on damages pursuant to Indiana s Medical Malpractice Act, I.C , et.seq. Physicians in residency and/or fellowship while practicing at any of the aforementioned hospitals have been insured under a claims-made insurance policy as agents or employees of a qualified healthcare provider and therefore are likewise qualified under Indiana s Medical Malpractice Act, I.D., The limit of liability for physicians in residency and/or fellowship is $250,000 per occurrence as of July 1, 1999, due to a recent change to the Medical Malpractice Act (previously $100,000 per occurrence). Because the resident was insured under the IU Health policies as an agent or employee and because IU Health insurance policies continue to remain in force, no tail coverage for this physician is necessary. How to verify coverage In order to verify the insurance coverage for this particular physician; please correlate the dates of residency or fellowship supplied at the top of this letter to the dates supplied on the attached professional liability insurance history sheet. For each date range supplied above, please consult -continued Insurance Operations Fairbanks Hall 340 West 10th Street Suite 3100 Indianapolis, IN T F iuhealth.org

4 the attached to determine the insurer, policy number, policy type and policy period for the year(s) to be verified. Please be advised that the professional liability insurance coverage on or after January 1, 1997, until the present applies only to the errors, acts or omissions of the resident or fellow while participating in approved residency rotations at IU Health hospitals or clinics. Insurance coverage for resident or fellow physicians while in residency rotations at non-iu Health facilities (including Wishard Memorial Hospital and the VA Hospital) before January 1, 1997, must be verified with the following: IUSM Office of Graduate Medical Education 1130 W. Michigan Street Fesler Hall, Room 318 Indianapolis, IN PLEASE NOTE: Any claims occurring while residents are on rotation at Wishard Memorial Hospital and/or VA Hospital will not be verified. You must contact these entities for claims information. Malpractice History As to your question regarding malpractice claims history for the above-referenced physician, our records reveal that the resident or fellow physician has not had any claims or suit filed against him/her to date while insured under IU Health insurance policies listed on the attached summary. Should you have any questions, please do not hesitate to give me a call at (317) Insurance Operations Fairbanks Hall 340 West 10th Street Suite 3100 Indianapolis, IN T F iuhealth.org

5 INDIANA UNIVERSITY HEALTH, INC. (FORMERLY KNOWN AS CLARIAN HEALTH PARTNERS, INC.) Professional Liability Coverage 1/1/97 to Present For each date range, please consult below to determine the insurer, policy number, policy type and policy period for the year(s) to be verified. POLICY PERIOD INSURER POLICY # LIMIT OF POLICY TYPE LIABILITY 07/01/15 07/01/16 IU Health Risk Retention HPL-15 (PER $250,000 OCCURRENCE) Claims made 07/01/14 07/01/15 IU Health Risk Retention HPL-14 $250,000 Claims made 07/01/13 07/01/14 IU Health Risk Retention HPL-13 $250,000 Claims made 07/01/12 07/01/13 IU Health Risk Retention HPL-12 $250,000 Claims made 07/01/11 07/01/12 IU Health Risk Retention HPL-11 $250,000 Claims made 07/01/10 07/01/11 Clarian Health Risk HPL-10 $250,000 Claims made 07/01/09 07/01/10 Clarian Health Risk HPL $250,000 Claims made 07/01/08 07/01/09 Clarian Health Risk $250,000 Claims made 07/01/07 07/01/08 Clarian Health Risk $250,000 Claims made 07/01/06 07/01/07 Clarian Health Risk $250,000 Claims made 0009HPL /01/05 07/01/06 Clarian Health Risk $250,000 Claims made 07/01/04 07/01/05 Clarian Health Risk $250,000 Claims made 07/01/03 07/01/04 Continental Casualty HAZ $250,000 Claims made Company 07/01/02 07/01/03 Continental Casualty Company HAZ $250,000 Claims made

6 07/01/01 07/01/02 St. Paul Insurance Company 595MA000Z $250,000 Claims made POLICY PERIOD INSURER POLICY # LIMIT OF POLICY TYPE LIABILITY 07/01/00 06/30/01 American Continental 00K795 $250,000 (PER Insurance Company OCCURRENCE) Claims made 07/01/99 06/30/00 American Continental 99K795 $250,000 Claims made Insurance Company 01/01/99-06/30/99 PHICO Insurance HCL 8576 $100,000 Claims made 01/01/98 01/01/99 PHICO Insurance HCL 8576 $100,000 Claims made 01/01/97 01/01/98 PHICO Insurance HCL 8576 $100,000 Claims made IU Health Methodist Hospital IU Health University Hospital Riley Hospital for Children IU Health IU Health Methodist Hospital Retro Date 12/01/93 IU Health University & Riley Hospital Retro Date 04/01/94 This insurance policy only covers Errors, Acts and Omissions of Residents and Fellows while in rotations at facilities and clinics of IU Health, Inc. IU Health Risk (formerly known as Clarian Health Risk ) c/o Marsh Management Services 151 Meeting Street, Suite #301 Charleston, SC (843) FAX: (843) St. Paul Fire and Marine (now Travelers) One Tower Square Hartford, CT (866) Continental Casualty Company (now CNA) 333 S. Wabash Chicago, IL (312) American Continental Insurance Company 101 Continental Place Brentwood, TN (800) Revised 06/19/15

7 ESKENAZI HEALTH Professional Liability Coverage 4/1/00 3/1/17 POLICY PERIOD INSURER POLICY# LIMIT OF LIABILITY POLICY TYPE (PER OCCURRENCE) 3/1/02 3/1/17 Self-Insured N/A $250,000 N/A 4/1/00 3/1/02 PHICO Insurance HCL 5271 $250,000 Claims made This insurance policy only covers Errors, Acts and Omissions of Residents and Fellows while in rotations at Eskenazi Health facilities and clinics. At all times, Eskenazi Health (formerly Wishard Health Services) was, and currently is, a qualified healthcare provider under the Indiana Medical Malpractice Act. Additional questions should be directed to the following; Eskenazi Health Attn: Legal Services 720 Eskenazi Avenue Fifth Third Bank Building -5 th Floor Phone: (317) Fax: (317)

8 Veteran Affairs Medical Center Medical Malpractice cases at the Department of Veterans Affairs are adjudicated under the Federal Tort Claims Act (FTCA). The FTCA operates as a waiver of sovereign immunity which otherwise would prevent relief through the judicial process. The FTCA specifically provides coverage for injuries that are caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred. The protection of the FTCA is extended to residents as long as they are in the course of their duties for the VAMC. This protection does not extend to independent contractors. Malpractice claims are administratively adjudicated by the Office of Regional Counsel. If a claimant files in Federal District Court, the U.S. Department of Justice defends the United States. If a protected doctor is sued in state court or has an action instituted before the Indiana Department of Insurance under the Indiana Medical Malpractice Act, VA Regional Counsel should be advised. Clarification: If a resident or fellow goes through the credentialing and privileging process and is given a medical staff appointment, and works during non-training time as an independent practitioner for VA, AND is paid through VA HR then he/she would be considered an on-site VA fee basis employee and covered by the FTCA. He/she would not be required to purchase or have outside malpractice coverage. 9/2/2010