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A look inside the actuarial black box.

Hospital executives often rely on actuaries (and their "black boxes") to determine self-insurance program liabilities and funding contributions. Typically, the hospital supplies the actuary with a myriad of statistics, and eventually the hospital receives a liability estimate and recommended funding level. The mysterious actuarial calculations that occur in between data reporting and receipt of the actuary's report are akin to a black box--a complicated device whose internal mechanism is hidden from or mysterious to the user.

Actuarial Analysis↗

The medical malpractice 'crisis': recent trends and the impact of state tort reforms.

By many accounts, the United States is in the midst of its third medical malpractice "crisis." Physicians in several states are facing high and rising premiums. The largest national medical malpractice carrier and some large multistate physician-backed liability firms have recently left the market. Rising premiums are traced largely to increases in claims severity. Capping malpractice payments has been advanced as one approach to slowing the growth in premiums. This analysis finds that premiums in states that cap awards are 17.1 percent lower than in states that don't cap. At issue, however, is whether these stopgap solutions promote the goals of the U.S. liability system.

Insurance, Liability↗

Malpractice liability in private practice of nutrition.

To date, no dietitian has been successfully sued in a malpractice case. However, as the number of dietitians in private practice increases, the risk of such suits increases proportionally. What is malpractice law and how does it apply to dietitians? What tests do the courts apply to determine whether injuries a patient has suffered were the fault of the health professional caring for that patient? What circumstances might ameliorate the patient's claims and limit the liability of the dietitian? Even though each case will be decided independently on the basis of the evidence presented in court, general principles and guidelines govern the courts' decision-making process. Among the elements that must be proved by a patient seeking legal redress are actual injury, a relationship of duty between the parties, breach of that duty, and a cause-and-effect relationship between the breach of duty and the injury suffered. Awareness of those principles can assist dietitians in conforming their conduct to practices that minimize their risk of liability.

Dietetics↗

Securing insurance protection against fraud and abuse liability.

Healthcare organizations concerned about corporate compliance need to review securing appropriate insurance coverage as part of their corporate compliance program. Provider organizations often mistakenly expect that their directors and officers liability (D&O), malpractice, or standard errors and omissions (E&O) insurance policies will cover the cost of Medicare fraud and abuse fines. The insurance industry has developed a specific billing E&O insurance product to cover providers that run afoul of government fraud and abuse statutes.

Fees and Charges↗