Proposed Medical Malpractice MOC Amendments

August 10th, 2010

Immediate Review and Comment Requested!

Review and Comment Period Ends September 10th

On August 4, 2010, the Medical Malpractice Committee approved modifications to the Medical Malpractice Program Memorandum of Coverage (MOC) for circulation to the Medical Malpractice Program members for review and comment to be returned by September 10, 2010.  Please note that because we are approaching the end of the Program renewal the review and comment period is much shorter than usual; therefore your immediate review and comment is requested.

For ease of review, we are providing both a clean copy with all proposed modifications accepted and a red line/strikeout version of the MOC. 

We request that you post your comments for others to review.  If you do not want to leave comments in a public forum, please fee free to email your comments to Brad Reager.

Should you have any questions or concerns about the changes being proposed, please feel free to contact Jack Blyskal or Brad Reager at (916) 850-7300.

MOC Proposed Amendments

One Response to “Proposed Medical Malpractice MOC Amendments”

  1. Brad Reager     Aug 13, 2010     4:33 pm

    Upon further review of the MOC, staff would like to make the following comments:

    1. There are a number of formatting issues with the redlined document that need to be cleaned up. Specifically, there are errors in spacing and incorrect bolding of punctuation that need to be corrected throughout the document.

    2. Each section of the MOC is identified with a roman numeral. The GL MOCs do not utilize alpha or numeric symbols to identify sections. Rather, sections of the MOCs are identified by name and centered over each section. For consistency between programs it would be appropriate to format each section title similarly to the GL MOCs.

    3. Section I.A. “MEDICAL PROFESSIONAL SERVICES, BODILY INJURY, PROPERTY DAMAGE AND PERSONAL INJURY LIABILITY” can be shortened to “COVERAGE AGREEMENT”. This is consistent with the way in which the GL MOCs are titled.

    4. In section I.A., “Coverage A”, “Coverage B”, and “Coverage C” appear in bold type. These terms are not in bold in the GL MOCs. These terms also contain periods after A, B, and C in the GL MOCs. For consistency between documents, it would be appropriate to remove the bolding and add periods on the Med Mal MOC.

    5. In section II “Exclusions” and section V “Covered Parties” each of the subparagraphs is part of a list of exclusions or covered parties. In the GL coverage documents, the end of each subparagraph is punctuated with a semicolon until the final item on the list, which is punctuated with a period. If consistency between coverage documents is desired, the Med Mal MOC should be punctuated similarly to the GL MOCs.

    6. In section III, “When Claim is First Made”, subparagraph A, the term “having been” should replace “being” in the sentence.

    7. In section VII “Conditions”, subparagraph E, paragraph two, the term “contract covered party” should read “contracted covered party”.

    8. In the “Conditions” section, each of the condition titles appears in bold type. The titles are not in bold type on the GL MOCs. The paragraph’s should also be seperated from the titles by dropping the paragraph below the title. To achieve consistency between coverage documents it is appropriate to remove the bolding and incorporate the spacing.

    9. In the “Conditions” section, “memorandum period” should be capitalized throughout that section.

    10. Throughout Condition E “Other Coverage”, there are several instances when the term “Memorandum of Coverage” is utilized to generally refer to coverage documents in other EIA programs. “Memorandum of Coverage” should not be capitalized in these instances.