We are living through an unpredictable time across the country, and the world, as we try to reconcile the new reality imposed by the COVID-19 pandemic.
OSLA COVID-19 FAQs
COVID-19 Risk Management Guide for OSLA‘S SPEECH LANGUAGE PATHOLOGIST OR AUDIOLOGISTS
We all know that we must do whatever we can to flatten the curve and protect the most vulnerable in our society. Still, no matter if you are a business owner, independently employed, or an employee, it is understandable that you may be concerned about the future of your practice and your finances. And, as a healthcare professional, you also have to consider an added complexity: the continuity of care for your patients or clients.
To help you navigate this turbulent landscape, we’ve put together this risk management guide to address the following topics:
- Providing Continuity of Care;
- Understanding the Role of your OSLA Professional Insurance.
PROVIDING CONTINUITY OF CARE
Since public health authorities have asked healthcare professionals to avoid in-person non-essential care whenever possible, many Speech Language Pathologist or Audiologists have turned to online services as a channel for continued care.
Online services, also called virtual care or telemedicine, are acceptable substitutes for in-person services, provided that you follow the scope of Speech Language Pathologist or Audiologists practice as outlined by the OSLA and the CASLPO.
Though there is no official framework for virtual care, here are some key factors for Speech Language Pathologist or Audiologist to consider:
Does the patient/client need urgent or in-person care?
- If the patient or client needs urgent or in-person care that you cannot provide, you must connect them to an appropriate resource such as a hospital or some other facility.
- It is also recommended that you visit the College’s website to review any continuity of care policies specific to the Speech Language Pathology or Audiology.
- If you do need to provide in-person care, please ensure that you follow all protocols as set out by the Ministry of Health.
Where is the patient currently located?
- Your OSLA insurance policy only covers online services you provide to clients who are residents of Canada.
- Offering services to a client who is temporarily outside of Canada (which is very possible due to the changing travel restrictions) is still covered under your policy, as long as any lawsuits or allegations are brought against you in Canada only.
- If you are offering virtual care to clients who are based outside of Canada, you must verify that you have the appropriate licenses to practice in that jurisdiction. Additionally, you should contact PROLINK to inquire about purchasing separate coverage to extend to lawsuits brought against you in a jurisdiction outside of Canada.
- In either case, it is important to record both your and your patient’s residency at the beginning of each session.
- Additionally, the healthcare professional should take care that both they and their client/patient are in a private setting, to preserve confidentiality.
Which platforms can you use?
- OSLA Professionals should look for virtual platforms that offer end-to-end encryption. In particular, Advanced Encryption Standard 128 “AES 128” encryption is recommended for healthcare providers.
- While there are no current restrictions in place for using platforms like Skype or FaceTime, it is important to carefully review user agreements to make sure that the platform complies with the applicable provincial privacy legislation. Otherwise, in the event of a privacy breach, you could be held liable for negligence.
- Skype, for example, does not typically meet privacy requirements because the user agreement permits for external access to “private” conversations.
How do you obtain proper consent from a client before providing virtual care?
- Clearly outline which services you can virtually provide. Include any associated costs and limitations of care;
- Ask patients to opt-in after reviewing a standard set of terms and conditions for virtual care;
- Document any consent-related discussions within your patient’s records;
- Create policies for data stewardship (i.e. how you store and transmit information to preserve privacy).
Are there any risks in communicating via email?
- Email communication should only be used if you can guarantee a secure and encrypted connection. If you do not have an encrypted connection, you should first communicate with patients through the phone and obtain consent to send the unencrypted email.
- If you are using an unencrypted connection, you should never include personally-identifiable information in the email. This includes name, age, date of birth, address, and more—even if you have consent.
- Always consult your provincial privacy legislation surrounding the protection of healthcare information (i.e., Personal Health Information Protection Act in Ontario).
Are there any other risks I should be worried about?
- This pandemic has taken the whole world off-guard, and for many businesses, this will be the first venture into working completely virtual/remote. Infrastructure holes are bound to happen. Every professional should be vigilant, look out for phishing links, and implement proper security software. With the majority of the world working from home, opportunistic cyber criminals will be more active than ever before.
- If you have never looked into it before, consider Privacy Breach insurance, which will help you investigate and navigate any breach, as well as offer funds to help with credit monitoring fees, notifying affected individuals, responding to privacy regulators, damages or fines that need to be paid to third parties and more.
You can also review our presentation geared at explaining the best practices for telehealth and continuity of care. Please note: The information presented in this presentation offers guidelines only. It is not meant to be exhaustive nor will it apply to all policies, individuals, situations or circumstances. Limits and exclusions apply. Please consult a licensed insurance representative for information or advice on all insurance-related matters, or a lawyer for any legal matters.
UNDERSTANDING THE ROLE OF YOUR INSURANCE
In the past few weeks, many of our clients have asked questions about how their professional insurance policies will respond to the COVID-19 pandemic. Here are our responses:
Does my OSLA Professional Liability Insurance Coverage offer any protection if I am unable to provide a service as per my contract?
- If you (or a sub-consultant to you) are unable to deliver your professional service and this causes a financial loss to your customer, there may be some coverage under the policy.
- Unfortunately, if there is decreased demand for your service due to the pandemic, there will be no coverage under this policy.
Does my OSLA Professional Liability Insurance cover telemedicine / virtual care services?
- Yes, your OSLA Professional Liability insurance policy covers online services you provide to clients who are residents of Canada.
- Offering services to a client who is temporarily outside of Canada (which is very possible due to the changing travel restrictions) is still covered under your policy, as long as any lawsuits or allegations are brought against you in Canada only.
Do “Clinic Insurance” and “Business Interruption Insurance” cover an outbreak of COVID-19 on my premises?
- Clinic (Property) Insurance and Business Interruption Insurance are only triggered when there is direct physical damage to, or loss of, the property insured under the policy.
- While contamination with COVID-19 may render your property unusable for a time, it is unlikely that it would physically damage your property.
- As a result, an outbreak of COVID-19 would typically not be covered under your Property Insurance or Business Interruption Insurance.
- An exception: If a decontaminant you use to disinfect your property following an outbreak causes physical damage, the policy may cover your loss.
What if someone contracts COVID-19 on my premises? Will any of my policies respond then?
- If you have purchased Commercial General Liability Insurance, then it may respond, as the definition of bodily injury under this policy includes “sickness” or “disease”. This policy would be triggered if any third party visitors claim to acquire COVID-19 on your premises or as a result of your operations.
- Commercial General Liability Insurance also contains a Personal and Advertising injury limit, which could offer some protection in the event that a third party claims public defamation as a result of contracting the virus on your premises or as a result of your operations.
- Finally, Commercial General Liability Insurance typically includes an Employer’s Liability limit, which offers coverage for the employer in the event that any employee contracts the virus on-site, or as a result of your operations, and decides to make a claim against you. It is important to note that Employer’s Liability Insurance only applies for employees that are not required by law to be covered under WSIB.
Am I liable if I ask certain employees to undergo testing or quarantine due to suspected COVID-19 exposure?
- Yes. It is recommended that employers do not single out employees for testing, as it could imply discrimination.
- In this case, Employment Practices Insurance (if you’ve purchased it) could help combat allegations stemming from discrimination or harassment based on ethnicity as it relates to increased possibility of contracting or carrying COVID-19.
Will trip cancellation insurance, or my benefits cover me, if I travel now that Canada has issued a worldwide travel advisory?
- It is likely that any trips that were purchased before the travel advisory went into place will still be eligible for coverage under trip cancellation insurance, travel medical insurance, or any benefits you may have through your workplace (depending on your specific plan).
- Unfortunately, any trips that were booked after the travel advisory went into place on March 13, 2020, and until the advisory is lifted, will not be covered by any insurance provider.
This is a challenging time for all of us. Your PROLINK team wants to do its best to support you. If you have questions or concerns about your business, your continuity planning, or your health or travel insurance, please connect with us. We are only a call or an email away.
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