UMVS Indemnification Clause May Limit Coverage for Malpractice Claims May 16, 2013 Physician Resource, Practice Management TRICARE, indemnification clause, UMVS, UnitedHealth Military & Veterans Services 0 SFMS/CMA has recently become aware that a broad "indemnification" clause in the UnitedHealth Military & Veterans Services (UMVS) TRICARE provider contracts is causing some professional liability carriers to exclude coverage for services provided to TRICARE beneficiaries. Although California's Knox Keene Act prohibits indemnification clauses in physician contracts, the contract in question is governed by federal law. Indemnification clauses are not uncommon, and usually are used to restrict liability in the case of willful misconduct. The clause in the UMVS contract, however, is so broad that at least two professional liability carriers have indicated that they would not defend or indemnify the physicians in the event of a claim brought by a TRICARE beneficiary. SFMS/CMA has escalated this issue to high level contacts at UMVS. We will provide additional information as it becomes available. In the meantime, physicians are urged to reach out to their liability carriers to determine if they are covered when treating TRICARE patients. SFMS members with reimbursement questions can contact our Member Helpline for one-on-one assistance at (800) 786-4262. Comments are closed.
