Policyholder Services

Will OMIC cover me if I perform elective or routine procedures during the COVID-19 outbreak and a claim arises?

Because coverage is subject to the terms and conditions of the policy, OMIC cannot make an official coverage determination until the allegation and specific facts of the claim are known. Rest assured, however, that your medical professional liability insurance with OMIC covers you for your direct patient treatment, which includes your professional judgment about when to perform treatment, including during the COVID-19 outbreak. Certain exclusions, however, might apply. For example, OMIC’s policy contains a Communicable Disease exclusion. If an Insured is aware he or she is infected with the virus or, based upon medical symptoms, reasonably should have known he or she was infected, coverage will apply only if the Insured has complied with the then-current Centers for Disease Control and Prevention guidelines for infection control. Additionally, OMIC will defend an Insured because of a claim otherwise covered by the policy that arises out of, but is not solely limited to, a violation of a statute, ordinance, or regulation imposing criminal penalties. Although OMIC will pay claim expenses, the company will not pay damages attributed to the violation. At this time, OMIC is not aware of any laws or ordinances imposing criminal penalties for performing elective or routine procedures, but some states have ordered the suspension of all non-essential surgeries and medical procedures. In addition, many professional organizations strongly recommend that elective and routine procedures be postponed during this crisis. In the interests of patient safety, provider safety, and of the community at large, OMIC encourages you to strongly consider the AAO’s recommendation that all ophthalmologists provide only urgent or emergent care even if your state does not impose restrictions. We understand that you will use your professional judgment to determine what care may be urgent for individual patients, taking into account their medical and social circumstances.