This year has seen substantial media attention on inappropriate viewing of patient records of people reported in news stories as having been injured or killed, prompting NHS England to announce a ‘zero-tolerance’ approach. We have timely advice from our Buying Group partner MIAB on insurance cover for practices in the event that a patient makes a claim or reports them to a regulator following a request to know who has accessed their records.
The Health Service Journal reports that approximately 2,000 NHS staff were sanctioned for unauthorised accessing of sensitive patient data over the last five years, and around 214 staff were sacked in related incidents. While the NHS is introducing more stringent measures to deter employees from reading patient medical reports, the fact remains that these types of occurrences might continue, and this is where appropriate cyber insurance is vital.
Cyber insurance
Cyber Insurance is not just for cyber crime, it provides cover for data breaches, whether it is due to a cyber attack, human error, or a breach of confidentiality (as shown in recent cases within the NHS). This is important because as a practice you are a ‘data controller’, so if the data gets into the wrong hands, you will be liable. And with regulatory penalties under UK GDPR resulting in fines of up to £17 million or 4% of your business’s annual turnover (whichever is greater), your insurance policy needs to be fit for purpose.
Having cyber insurance in place means if there is compensation that needs to be paid and Information Commissioner Office (ICO) fines that might be incurred, your practice’s policy would pick up the cost of the fine. And because every data breach and practice is different, but you can be confident that our Buying Group partners MIAB will use their in-house expertise to give you the best advice.
Management liability insurance
A management liability policy is very broad cover which all partnerships or limited companies should consider. It can protect your business and those persons in a position of responsibility or leadership/management/partnership for the decisions they make on behalf of a business. GP partners have unlimited liability, therefore can be held personally liable in respect of decisions which they have made on behalf of the practice where there is an allegation of wrongdoing.
The most common claims seen are:
- Regulatory matters.
- Breach of confidentiality.
- Contract disputes.
- HMRC investigation.
- Violation of employee rights / staff tribunals (Disciplinary).
- Failing practices or protocols
Solicitors’ fees are increasing when addressing claims, so a management liability policy can assist you with mitigating any financial risks.
Read more about MIAB’s cyber insurance here and appointments can be booked here. You can book an appointment to discuss your practice’s wider insurance needs here, including medical, commercial, staff and equipment-related risks..