Tail insurance, also called extended reporting period (ERP) coverage, is a type of malpractice insurance. It protects doctors after they leave a job or a group. Most doctors in the U.S. have “claims-made” malpractice policies. These only cover claims made while the policy is active. But malpractice claims can come up years later, sometimes long after a doctor has left or retired. Without tail insurance, doctors must pay money themselves for claims made after their policy ends. Tail insurance covers these late claims. It pays for legal defense, settlements, expert fees, and damages for earlier work. Claims-Made vs. Occurrence-Based Malpractice Insurance Claims-Made Insurance: Covers claims made when the policy is active. When the policy ends, claims are not covered unless tail insurance is bought. This is the most common type for doctors today. Occurrence-Based Insurance: Covers events that happened while the policy was active, no matter when the claim is filed. It does not need tail insurance after it ends. But it usually costs more and is less common. Most young doctors, about 97%, use claims-made policies, so they need tail insurance when moving to a new job. Who Needs Tail Insurance and When? Tail insurance matters in many cases: When a doctor leaves a group practice or hospital. When changing careers, retiring, or taking a break. When switching insurance companies with claims-made policies. When a practice closes or a doctor starts their own practice. Since claims can show up long after leaving work, tail insurance keeps protection going and prevents money problems. Costs and Payment Responsibilities Tail insurance usually costs 150% to 300% of the yearly premium of the claims-made policy. For example, if a doctor pays $40,000 a year, tail insurance might cost between $60,000 and $120,000. Surgeons and doctors in riskier fields like neurosurgery or emergency medicine pay more. Who pays for tail insurance depends on the job contract. Some groups pay all or part of it to attract doctors. Other times, the doctor who leaves must pay. About half of doctors get tail insurance paid by a new or old employer. Sometimes this depends on rules like not working nearby or not competing. It is very important that contracts clearly say who pays tail insurance. Otherwise, doctors may have unexpected big costs when they leave, which can be hard to afford early in their careers. Duration and Types of Tail Coverage Tail insurance policies last for different times. Some last 2 or 3 years, while others last forever. Many doctors choose policies that last indefinitely, despite paying more upfront. This covers claims that happen after state limits on malpractice lawsuits end. No or not enough tail insurance puts doctors at risk of paying out of pocket for claims that come years after they treated patients. Key Provisions in Physician Employment Agreements Affecting Tail Insurance In 2024, doctor employment agreements have changed to deal with tail insurance rules and federal and state laws. Practice administrators and owners must make agreements that follow laws like the Anti-Kickback Statute (AKS) and Stark Law. These laws control incentives and how money is paid, which affects how tail insurance costs are handled. Important parts of contracts about tail insurance include: Compensation Packages: Contracts should clearly show salary, benefits, and rules about bonuses. Bonuses linked to patient referrals are not allowed under AKS and Stark laws. Malpractice Insurance Arrangements: Agreements must say who pays for tail insurance when the job ends and explain how payments are made. Termination Clauses: Jobs usually last 3 to 5 years, with rules about minimum time (often one year). Leaving early may require buying tail insurance. Post-Termination Restrictions: Rules like non-compete agreements, confidentiality, and not contacting patients often come with tail coverage to protect the employer legally. Clear contract language about tail insurance protects both doctors and employers from legal troubles. Malpractice Risks, Insurance Trends, and Specialty Considerations Doctors who work in higher-risk areas, like surgery, obstetrics, emergency care, and neurology, pay higher malpractice premiums. They also need insurance suited to their specialty. Besides malpractice claims, new risks include cybersecurity breaches and privacy problems. These are becoming part of medical professional liability insurance. The Doctors Company, which is the largest malpractice insurer owned by doctors, now offers cyber liability coverage as part of their main policies. This helps protect healthcare organizations that handle private data and electronic health records. Risk management programs and insurance trusts owned by doctors often give better deals and lower premiums than commercial insurers. They reduce reassessments and give doctors more control over claims. The Role of AI and Automation in Tail Insurance and Malpractice Management Artificial Intelligence (AI) and automation are now used more to manage doctor employment contracts, malpractice insurance, and buying tail insurance. Contract Analysis and Compliance: AI tools can read contracts to find parts about tail insurance and check if they follow AKS and Stark laws. This helps practice managers spot unclear language and risks before signing. Insurance Quote Comparison: Automated systems connected to insurance databases can quickly collect and compare tail insurance quotes from different companies. AI cuts down time and mistakes in getting quotes. This helps doctors and practices find good prices for their specialty and area. Claims Tracking and Reporting: Automated tools keep track of policy status, expiration dates, tail insurance purchase periods (usually within 30 days after a policy ends), and renewals. This helps avoid missing important deadlines that could cause uncovered risks. Risk Management and Predictive Analytics: AI studies past claims data to predict risks for each specialty and location. This helps healthcare groups plan employee training and safety rules to lower future claims. Cybersecurity Insurance Optimization: Because cyber liability risks are rising, AI systems check digital weaknesses in practices and suggest right coverage levels as part of tail insurance packages. For healthcare IT managers, adding AI tools into workflows makes work more efficient, lowers legal risks, and helps meet complicated rules for doctor employment and malpractice insurance. HIPAA-Compliant Voice AI Agents SimboConnect AI Phone Agent encrypts every call end-to-end – zero compliance

Ahead of Intelligent Health (13-14 September 2023, Basel, Switzerland), we asked Yurii Kryvoborodov, Head of AI & Data Consulting, Unicsoft, his thoughts on the future of AI in healthcare.   Do you think the increased usage of Generative AI and LLMs will have a dramatic impact on the healthcare industry and, if so, how?   Generative AI is just a part of the disruptive impact of all AI tech on the healthcare industry. It allows to dramatically reduce time efforts, costs and chances of mistakes. Generative AI and LLMs are applied to automating clinical documentation, drug discovery, tailoring of treatment plans to individual patients, real-time clinical decision support and health monitoring, extracting valuable insights from unstructured clinical records, streamlining administrative tasks like billing and claims processing, providing instant access to comprehensive medical knowledge. And this list continues.

We sat with Benjamin von Deschwanden, Co-Founder and CPO at Acodis AG, to ask him his thoughts on the future of AI in healthcare.   Do you think the increased usage of Generative AI and LLMs will have a dramatic impact on the healthcare industry and, if so, how?   I think that the strength of Generative AI lies in making huge amounts of information accessible without needing to manually sift through the source material. Being able to quickly answer any questions is going to be transformative for everyone working with increasingly bigger data sets.The challenge will be to ensure that the information we get by means of Generative AI is correct and complete – especially in healthcare – as the consequences of wrong data can be fatal. We at Acodis are actively working on practical applications of Generative AI inside our Intelligent Document Processing (IDP) Platform for Life Science and Pharma clients to drive efficiency and accelerate time to market, whilst controlling the risks.

Intelligent Health 2024 returns to Basel, Switzerland on 11th–12th September. We’ve got prominent speakers. An extensive programme. Groundbreaking advancements in #HealthTech. And much, much more. Our incredible 2024 programme will dive deeper than ever before. From sharing the latest innovation insights to exploring use cases of AI application in clinical settings from around the world. All through our industry-renowned talks, limitless networking opportunities, and much-loved, hands-on workshops. Read on to discover what themes await at the world’s largest AI and healthcare summit. 

We sat down with Margrietha H. (Greet) Vink, Erasmus MC’s Director of Research Development Office and Smart Health Tech Center, to ask her for her thoughts on the future of AI in healthcare.   Do you think the increased usage of Generative AI and LLMs will have a dramatic impact on the healthcare industry and, if so, how?   The integration of Generative AI and LLMs into the healthcare industry holds the potential to revolutionise various aspects of patient care, from diagnostics and treatment to administrative tasks and drug development. However, this transformation will require careful consideration of ethical, legal, and practical challenges to ensure that the benefits are realised in a responsible and equitable manner.