Fund Board considers language to define ‘direction and supervision’

The Injured Patients and Families Compensation Fund (Fund) is considering a new administrative rule to clarify existing law regarding Fund coverage for employees of health care professionals who participate in the Fund.

The proposed rule defines when an employee of a health care professional is under the “direction and supervision” of a physician or nurse anesthetist for inclusion under the employer's Fund coverage. Current law does not allow the Fund to cover an employee unless there is “direction and supervision” by a physician or nurse anesthetist, but the statutes do not define that phrase.

Under the proposal, health care services considered to be under the “direction and supervision” of a physician or nurse anesthetist would include one of the following:

• services provided within the scope of the practitioner’s professional license (This health care professional would be subject to a quality assurance program, peer review process or similar program or process that is designed to ensure competent, high-quality patient care with participation by a physician or nurse anesthetist.)
• services provided by the health care professional within the scope of standing orders, protocols, procedures or clinical practice guidelines established or approved by a physician or nurse anesthetist

The Fund’s Advisory Committee on Fund Participation discussed this week whether Fund coverage would be triggered by meeting one of the above conditions, or whether both conditions would be necessary. A majority of the committee voted to recommend to the Fund Board that the “direction and supervision” requirement be satisfied by meeting either condition, not both.

The Fund Board will consider the Committee’s recommendation at its June 24 meeting.

For more information, contact Mark Grapentine, JD.