Jove
Visualize
Contact Us
JoVE
x logofacebook logolinkedin logoyoutube logo
ABOUT JoVE
OverviewLeadershipBlogJoVE Help Center
AUTHORS
Publishing ProcessEditorial BoardScope & PoliciesPeer ReviewFAQSubmit
LIBRARIANS
TestimonialsSubscriptionsAccessResourcesLibrary Advisory BoardFAQ
RESEARCH
JoVE JournalMethods CollectionsJoVE Encyclopedia of ExperimentsArchive
EDUCATION
JoVE CoreJoVE BusinessJoVE Science EducationJoVE Lab ManualFaculty Resource CenterFaculty Site
Terms & Conditions of Use
Privacy Policy
Policies

Related Experiment Videos

Managed care and the infamous hold harmless clause

M E Overlock

    Journal of the Tennessee Medical Association
    |October 1, 1993
    PubMed
    Summary

    Physicians face significant risks from hold harmless clauses in health insurance contracts, particularly under TennCare. Understanding these clauses and negotiating terms is crucial for protecting physicians from financial and liability burdens.

    Related Concept Videos

    You might also read

    Related Articles

    Articles linked to this work by shared authors, journal, and citation graph.

    Sort by
    Same author

    Crossing a patient's sexual boundaries.

    Tennessee medicine : journal of the Tennessee Medical Association·1996
    Same author

    Go directly to jail, do not pass go, do not collect $200!--TennCare strategies and antitrust hazards.

    Journal of the Tennessee Medical Association·1993
    Same author

    Attorney fees, physician reimbursement, and other disputes--the Interprofessional Code of Cooperation.

    Journal of the Tennessee Medical Association·1992
    Same author

    Contract law: some basic lessons.

    Journal of the Tennessee Medical Association·1991
    Same author

    Awaiting the grim reaper with a covenant unto thyself: creating your own right to die.

    Journal of the Tennessee Medical Association·1991
    Same author

    The privilege of peer review.

    Journal of the Tennessee Medical Association·1990

    Area of Science:

    • Health Policy and Law
    • Medical Economics
    • Physician Liability

    Background:

    • Health insurers increasingly utilize hold harmless clauses to shift financial and liability risks to healthcare providers.
    • The TennCare proposal exemplifies the growing trend of using these clauses in state and national healthcare reform.
    • Physicians must be aware of the different types of clauses and their implications.

    Purpose of the Study:

    • To examine common hold harmless clauses presented to physicians under the TennCare program.
    • To clarify the distinctions between hold harmless agreements and indemnity provisions.
    • To provide physicians with negotiating strategies for these contractual clauses.

    Main Methods:

    • Analysis of common hold harmless and indemnity provisions in healthcare contracts.
    • Review of the specific requirements and implications within the TennCare framework.
    • Identification of key negotiating points for physicians.

    Main Results:

    • Hold harmless clauses can bind physicians to agreements not to bill patients for contractually limited fees.
    • Physicians may be prevented from seeking contributions from other entities for damages.
    • Indemnity provisions require physicians to cover an entity's legal fees and judgments, often excluded from liability coverage.
    • These clauses present escalating financial and legal risks for physicians.

    Conclusions:

    • Physicians must carefully review and understand all contractual clauses, especially indemnity provisions.
    • Consultation with professional liability carriers before agreeing to indemnity is essential.
    • Negotiating for additional considerations, such as prompt payment and patient volume guarantees, is advised when such clauses are unavoidable.

    Related Experiment Videos