05/06/2020

MCR Waivers for Signature on File or Non-Covered Services/Waiver for Patients and/or Employees Protecting Doctors from Liability if COVID-19 Developed

1.In light of Covid19. Has Medicare waived “Sig On file” or “ non-covered services waiver” requirements? ( to avoid handling pens and paper). 2. Do you have a waiver for patients and or employees to sign that protects doctors from being held liable if they develop Covid 19? ( can’t seem to avoid handling pens and paper in this case)

After consulting with the Legal Committee Mr. Matthew Feldman stated:

This question has come up before and I am not recommending waivers to clients at this time to pursue a limitation of liability for COVID exposure. They would not be effective against a WC claim made by an employee and I do not think they would be effective in a claim by a patient.

The best thing an employer/provider can do to limit liability is: Do everything appropriate to mitigate infection, follow CDC and DOH and OSHA guidelines for employers and medical practices. A failure to follow these regulations could support an allegation of negligence and omission of an employer / professional duty.

Finally - this is a pandemic; by definition, it is "occurring over a wide geographic area and affecting an exceptionally high proportion of the population.” As a practical matter, it will be very difficult for any claimant to prove where an infection occurred given the myriad opportunities for exposure. Adherence by employers to the applicable protocols helps make proving such an allegation challenging, and potentially impossible.

If you require further information you may contact Matthew Feldman at MFeldman@feldmankieffer.com