The Cooperative of American Physicians, Inc. extends its sincere gratitude to our physician members for promptly returning your ballots to meet the 2023 election cycle voting deadline. Because of your dedication to the success of the CAP and MPT enterprise, we were able to achieve quorum and elect the CAP Board of Directors and MPT Board of Trustees at our Annual Meeting of Members on July 19.
We are proud to announce the following seven members who represent CAP’s current governing physician leaders, all of whom were elected or re-elected to serve two-year terms:
CAP Board Directors and MPT Board Trustees
Sheila Clayton, MD, FACS, General Surgery (CAP member since 1990)
Steve Kasper, MD, Family Medicine (CAP member since 1994)*
Wayne Kleinman, MD, Anesthesiology (CAP member since 1992)
John Kowalczyk, DO, FACOS, Urology (CAP member since 2005)
Meagan Moore, MD, FACOG, Obstetrics and Gynecology (CAP member since 2001)*
Stewart L. Shanfield, MD, Orthopedic Surgery (CAP member since 1998)
Lisa L. Thomsen, MD, FAAFP, Family Medicine (CAP member since 2003)
Because of their longstanding tenure as CAP members (25 years average!) and previous involvement in our organization’s committees and boards, these physician leaders are well-positioned to help carry out our mission of supporting CAP members with affordable malpractice coverage and outstanding risk and practice management support.
MPT Agreement Amendments Approved
In addition to electing the CAP and MPT governing boards, members also voted to implement a number of amendments to the Mutual Protection Trust Agreement.
*Newly elected board members
MPT Agreement Amendments Approved
By the vote of the membership on July 19, 2023, the Mutual Protection Trust (MPT) Agreement was amended.
Part 1, Section 1 requires complete and current information about the member’s professional practice before indemnity is payable.
Part 1, Section 2 of the MPT Agreement specifies that a defense is afforded only when provided by Part 1 of the MPT Agreement.
Part 1, Section 3 allows further expansion of CAP’s successful patient assistant program.
Part 1, Section 4.A excludes coverage for claims arising out of certain practices or activities unless specifically approved for coverage in writing. Some exclusions were added, some updated, and others modified to provide additional clarity. As two examples: An exclusion for Ketamine therapy was added to exclude coverage unless it is used for anesthesia during surgery by an anesthesiologist; and the exclusion for outside California (including telemedicine) was modified to specify that coverage is provided and no waiver is necessary when the patient is either domiciled or physically located in California. Members may contact MS@CAPphysicians.com to apply for a waiver of the Ketamine (or any) exclusion listed in Section 4.A.
Part 1, Section 4.A also now excludes coverage, both defense and indemnity, to a health care provider for claims arising out of sexual conduct, as well as for claims seeking fines, penalties, or punitive damages. Employers, however, continue to have a defense for claims arising out of hiring and retention of those health care providers.
Part 1, Section 4.B provides a defense but no indemnity for claims arising out of the hiring, management, supervision, training, or retention of a health care provider who engaged in sexual conduct. It was also amended to provide a defense but no indemnity for claims arising out of professional services rendered without patient consent.
Part 1, Section 5 provides coverage for members who are sued as administrators and supervisors of a Covered Entity.
Part 1, Section 7.D allows only current members to refuse to consent to settle a bona fide settlement proposal without reduction of the limit of liability.
Part 1, Section 8.E allows suspended legally recognized professional organizations to reinstate their legal status within sixty (60) days.
Part 1, Section 10 provides a method for appointing Selected Counsel when MPT reserves the right to deny indemnity and a conflict of interest exists.
Part 2, Section 1 uses language consistent with current statutory law.
Part 2, Section 3.B.3.d requires the Claims Review Committee to provide a copy of its written procedures upon request.
Part 2, Sections 4.B, and 4.C specifies a method of termination when a retired or disabled member continues to practice medicine during retirement/disability.
Part 2, Section 4.F adds express delivery service as a method to notify members of their involuntary termination of membership.
Part 2, Section 5.B deletes an outdated formulary to calculate the assessment.
Part 2, Sections 7.A and 7.B requires an applicant for membership to provide accurate and complete information about the applicant’s professional practice and requires members and their affiliated entities to provide timely updated information.
Definitions in the MPT Agreement were amended to use terms consistent with newly modified California Civil Code section 3333.2 (formerly called AB35 or “new MICRA”). For example, the term “Worker” includes both employees and independent contractors. (Not every Worker is a Covered Person unless specifically approved for coverage in writing.) Additionally, the term “Covered Entity” now requires members and their professional corporations to apply for coverage when the professional practice is an ambulatory care center or a health care institution.
For questions, please contact Membership Services at 800-610-6642 or via email at MS@CAPphysicians.com.