Eric Speer Barnes & Thornburg, LLP

As physician employment models continue to evolve, understanding the nuances of professional liability insurance is more important than ever. One often overlooked, but critically important component is tail coverage.

To help physicians navigate this complex issue, ISMA will host a one-hour webinar, “Tail Coverage in Physician Employment Agreements: What Every Indiana Physician Needs to Know,” on May 26.

The program will provide a practical, real-world overview of liability coverage, focusing on how physicians can protect themselves when transitioning between positions.

At the center of the discussion is the distinction between claims-made and occurrence-based policies. While occurrence-based policies provide long-term protection for incidents that occur during the coverage period, claims-made policies cover only claims filed while the policy is active. That distinction makes tail coverage essential for physicians with claims-made policies, as it extends protection after employment ends.

The webinar will also examine how Indiana’s Medical Malpractice Act and the Patient’s Compensation Fund factor into coverage decisions. Maintaining qualified provider status is essential to accessing the fund's protections, and gaps in coverage, including failure to secure tail coverage, can expose physicians to significant financial risk.

In addition to foundational knowledge, the session will focus on contract strategy. Physicians will learn how to evaluate key provisions in employment agreements, including who is responsible for the cost of tail coverage, how termination clauses trigger coverage obligations, and whether vesting schedules are included.

Negotiation strategies will also be addressed. These include exploring alternatives such as nose coverage, as well as ensuring that “cause” is narrowly and clearly defined in termination provisions — a detail that can have significant financial implications.

The session will be led by Eric Speer, an associate in the health care department at Barnes & Thornburg, LLP. Speer advises health systems, physician practices and healthcare businesses on regulatory and transactional matters, guiding clients through all phases of the deal lifecycle, from due diligence to closing. His background also includes experience in health law and consulting, with a focus on mergers and acquisitions and operational strategy.

The webinar is accredited for 1.0 AMA PRA Category 1 Credit^TM. ISMA is accredited by the Accreditation Council for Continuing Medical Education to provide CME for physicians.

The program will be held from noon to 1 p.m. ET on Tuesday, May 26. Registration is free for ISMA members and $75 for nonmembers. Advance registration is required by 11:30 a.m. ET on the day of the program.

Physicians with questions may contact ISMA Continuing Medical Education staff at 800-257-4762 or seminars@ismanet.org.

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