The Governor signed a bill on June 19, 2002 that addresses issues that have been bothering physicians who want to work at “Approved Clinics” in Pennsylvania without remuneration. Prior to the bill, a physician had to "retire" to get a volunteer license. The new law allows the physician to obtain a volunteer license without retiring provided the physician still does not otherwise practice medicine in Pennsylvania. In addition to retirement, reasons for not practicing medicine may include (but are not limited to) family leave, time off for study, or just taking some time away from their careers.
Two Categories of
Volunteer Physicians
Physicians with volunteer licenses:
- May only practice medicine in Approved Clinics.
- Are not required to obtain primary insurance and
MCARE Fund coverage.
- May elect to obtain primary insurance without participation in the
MCARE Fund.
Physicians with active, unrestricted licenses:
- Are required to obtain primary insurance and
MCARE Fund coverage.
- Have primary and MCARE coverage that extends to their volunteer activities.
A physician with a volunteer license is not required to purchase primary insurance or pay the
MCARE Fund surcharge and may drop both coverages once they receive their volunteer license. They may elect to purchase basic coverage if they want. Even if volunteer licensees elect primary coverage, they are not required to participate in the
MCARE Fund.
Physicians who have active, unrestricted MD or DO licenses must keep their primary insurance and
MCARE Fund coverages in force if they practice in any capacity, even if it’s only volunteer work. Any insurance they have for their paid work will now extend to their volunteer work. Approved Clinics that have volunteer doctors working for them who have active, unrestricted MD or DO licenses should insist on receiving COIs or Dec pages from the physician to verify coverage elsewhere before dropping any coverage that they may be providing to the doctor.
Companies who insure a doctor must extend any coverage the doctor may have to the volunteer work, even for part time and “scope of duties” doctors. Even for physicians with active licenses, PMSLIC cannot surcharge or deny coverage solely for rendering volunteer services at an Approved Clinic; however, under the new law PMSLIC does have explicit authority to refuse coverage or to adjust premiums on the basis of "meritorious" claims against the practitioner regardless of the setting in which they arose. "Meritorious" is not defined in the Act but would have its common sense meaning (i.e., a claim that had substance, presented serious claims, etc.)
For more information, contact PMSLIC Underwriting.
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