MEDICAL REVIEW OFFICER CERTIFICATION COUNCIL
REMAINING ONSITE EXAMS IN 2008
"Most MROs have medical malpractice insurance, and these policies almost always cover physicians who are charged with improper performance of MRO duties. If in a worst care scenario the MRO must sue his or her insurance carrier for coverage, a court will probably find that medical malpractice insurance covers MRO services. After all, these services are a core part of occupational medicine practice, and are defined by federal regulation as one that can be performed only by a licensed physician. Just in case, a physician with malpractice insurance who provides MRO services may want to present his or her insurance carrier with a description of these services and invite the carrier to respond if there are questions or concerns.
"Besides charges of medical malpractice, the MRO may also be charged with violation of constitutional rights, unwarranted interference with employment, and other non-medical claims. Medical malpractice insurance may not cover these claims. Most MROs are employed by clinics and other organizations that cover such claims through the organization's errors and omissions insurance. An MRO who is working independently as a consultant may wish to purchase this type of insurance, or may make the perhaps riskier decision to rely only on medical malpractice insurance. Errors and omissions insurance is less expensive than medical malpractice, and covers claims for non-medical mistakes that may take place while providing MRO services.
"In the 1990s, in response to uncertainties about how MRO functions might be covered by insurance, a few carriers offered insurance coverage specific for MRO activities. They found some interest but few buyers for this product. Few, if any, insurers continue to offer insurance coverage specific for MRO activities."
excerpted from
The Medical Review Officer's Manual: MROCC's Guide to Drug Testing, 3rd Edition
OEM Press, 2006.