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Brent's Law

Nancy J. Brent, RN, MS, JD received her Juris Doctor from Loyola University Chicago School of Law and concentrates her own solo law practice in health law and legal representation, consultation, and education for health care professionals, school of nursing faculty, and health care delivery facilities.

Brent has conducted many seminars on legal issues in nursing and health care delivery across the country and has published extensively in the area of law and nursing practice.


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What kind of insurance is necessary for a clinic for the poor and non-insured?
Wednesday November 12, 2008
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Question:

Dear Nancy,

Another nurse practitioner and I would like to start a clinic for the poor and non-insured. I belong to a religious community, and we are both board-certified family nurse practitioners. We will obtain MD approval of protocols, as this is required in our state. We will file for a 501c3 non-profit status. Is it sufficient for each of us to have malpractice insurance, or do we have to have it for the organization, as well? Should we include all the providers under the organization insurance?

Corrine



Dear Donna replies:

Dear Corrine,

It would be helpful for you to consult with a nurse attorney or attorney in your state who works with nurse entrepreneurs and who can advise you about the issue of professional liability insurance and many other legal concerns that exist when one begins a healthcare service, including a clinic. There is no doubt that professional liability insurance is one major concern that must be addressed. In addition to your attorney, a frank discussion with your current professional liability insurance carrier would be essential to determine what the company may be able to offer you as individuals, as a clinic, and whether or not providers at the clinic can be named insured as well, or if some other arrangement might be better suited for professional liability coverage.

Your attorney will also share with you the other types of insurance you will need to consider, including workers’ compensation insurance, unemployment insurance, and premises liability insurance, to name a few. State law will dictate some of the requirements necessary and your insurance company can help you by discussing what policies they offer in these areas.

It would be helpful for you to check the American Academy of Nurse Practitioners’ website for information in preparation for your visit with your attorney <http://www.aanp.org>. Click on the Publications link on the Web site, then Standards of Practice and Scope of Practice. Also, place establishing a clinical practice or something similar in the search bar and see the results that may be helpful in your preparation with your consultation with your attorney. Consider joining the academy for benefits for those not available to non-members.

Cordially,
Nancy



Nancy J. Brent, RN, MS, JD, is an attorney in private practice in Wilmette, Ill. This information is for educational purposes only and is not intended as legal or any other advice. The reader is encouraged to seek the advice of an attorney or other professional when an opinion is needed.



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