House Bill 1561 has introduced stringent new requirements for plastic surgeons and office surgery centers in Florida, particularly concerning liposuction and gluteal fat grafting (commonly known as Brazilian Butt Lift or BBL) procedures. Non-compliance with these regulations now exposes surgeons to increased risk of medical malpractice lawsuits and significant fines imposed by Florida’s Department of Health. These changes are expected to have a profound impact on how these procedures are performed and regulated in the state.
If you are a practicing plastic surgeon in Florida, it is critical to take action now to ensure that you and your licensed office surgery center comply with this new law. Now is also the best time to review your medical malpractice coverage with a MEDPLI broker, since HB 1561 also sets new full liability limits for liposuction and BBL procedures. Make sure that you have strong coverage to meet Florida’s new mandates. Reach out to a MEDPLI broker now.
What Florida plastic surgeons need to know about HB 1561
Plastic surgeons face a heightened risk of medical malpractice lawsuits, particularly in cases involving liposuction and fat grafting, due to complications such as scarring, internal organ damage, nerve damage, and post-operative conditions like deep vein thrombosis or pulmonary embolism.
According to the Medscape Physicians and Malpractice Report 2023, plastic surgery ranks fourth among the 22 surgical specialties most frequently sued for malpractice. This underscores the critical need for robust medical malpractice insurance, and MEDPLI specializes in securing the coverage plastic surgeons need.
However, Florida’s HB 1561 now places additional responsibility on plastic surgeons to update and strictly follow new or revised surgical center policies, procedures, risk management strategies, and medical malpractice coverage limits. Below is a quick summary of the key points in Florida’s HB 1561, as outlined by the Florida Health Policy Committee:
- Plastic surgeons must have full liability coverage.
Practices in which one or more physicians perform gluteal fat grafting (BBL) must obtain and maintain liability coverage of at least $250,000 per claim /$750,000 aggregate from an authorized insurer, or obtain an unexpired, irrevocable letter of credit of at least $250,000 per claim/$750,000 aggregate. Note that physicians who are self-insured or have letters of credit cannot use these funds to pay for legal defense if sued for malpractice. - Plastic surgeons must register with the Florida Department of Health.
Physicians must register their office surgery center with the Department of Health if they perform liposuction procedures in which more than 1,000 cc of supernatant fat is temporarily or permanently removed. - Plastic surgeons could be fined for non-compliance.
All liposuction procedures in which more than 1,000cc of supernatant fat is temporarily or permanently removed – as well as Level II and Level III office surgery procedures – must be performed only in a registered office surgery setting or facility meeting specific licensing requirements. The fine for violating this mandate is $5,000 per incident.
MEDPLI can help you comply with HB 1561.
Florida’s HB 1561 is now in effect, so don’t risk non-compliance with the law’s new liability coverage requirement for liposuction and gluteal fat grafting. MEDPLI brokers work with Florida plastic surgeons daily to help them find the right medical malpractice coverage by an A-rated carrier at the best rates.
As your trusted broker, we do all the legwork to present policy options with the new coverage limits you need—enabling you to make a quick, well-informed decision. Get started now by requesting a free quote.
Call us at 800-969-1339 or email us: info@medpli.com.
Save time and effort by getting a wide range carrier quotes through MEDPLI as your single point of contact. You can get a quote through us today.
Malpractice Insurance Rates for Oklahoma Doctors
Medical malpractice insurance carriers set their premiums for each policy based on several factors, such as practice location, medical/surgical specialty, and past claims history. Talk to a MEDPLI broker for quotes tailored to your unique coverage needs.
| Specialty | Approximate Rate |
|---|---|
| Anesthesiology | $19,000 |
| Emergency Medicine | $22,000 |
| Family Practice | $12,000 |
| General Surgery | $35,000 |
| Internal Medicine | $12,000 |
| OBGYN | $60,000 |
| Orthopedic Surgery | $35,000 |
| Plastic Surgery | $35,000 |
| Radiology | $19,000 |
*Using the OK standard limits of $1,000,000 Each Claim / $3,000,000 Aggregate per year in coverage.
Physicians in higher-risk specialties may need more coverage. MEDPLI specializes in medical malpractice insurance and tail insurance coverage for Oklahoma physicians, so don’t hesitate to reach out for a personalized quote. Get a quote.
Types of Professional Liability Insurance for Oklahoma Physicians
Here is a brief overview of the most common types of medical malpractice insurance for physicians in Oklahoma:
1. Claims Made Insurance
Claims-made malpractice insurance provides coverage if the policy is in effect when the incident occurred AND when the claim is filed. If a claim is filed after the end of the policy date, the claim is NOT covered.
With a claims-made policy, you need tail malpractice insurance, which is a separately purchased insurance policy or endorsement, to ensure you have full protection. Learn more about claims-made insurance here.
2. Occurrence Insurance
Occurrence malpractice insurance provides coverage for incidents that occurred during the policy year, regardless of when a claim is reported to the carrier.
Occurrence policies are more costly at the start of the policy, but the rate stays the same for the length of the policy, and there is no need for tail coverage when the policy ends. Read more about occurrence insurance.
3. Tail Insurance
Since most malpractice insurance policies are underwritten on a claims-made basis, you will be exposed to a lawsuit if a former patient files a claim against you and you do not secure tail coverage. When you are preparing to leave your employer, you should seek tail coverage options with an independent broker like MEDPLI.
Tail insurance covers you for a specific time period. The new employer’s policy is not going to cover you for prior acts of a former practice, hence tail coverage is needed.
Read more about tail malpractice insurance for physicians.
Reach out to an experienced MEDPLI broker who will work for you to find a tail policy at a great price.
Telemedicine in Oklahoma
According to the Oklahoma Health Care Authority, a state government agency, some of the key telehealth requirements of the state’s extensive policies and rules include:
- Physicians must be licensed to practice medicine in Oklahoma to provide telehealth services.
- Interactive, encrypted, real-time audio and video telecommunications between provider and patient must be used.
- Establish a physician/patient relationship first, through an in-person meeting or a real-time audio/video conference call.
- Meet the same scope of practice, standards of care, and patient data privacy as an in-office visit.
- All patient documentation must indicate that the healthcare services were rendered via telehealth – chart notes, start and stop times of the virtual visit, provider’s credentials, and the provider’s signature.
Doctors who take care of patients via telehealth are subject to the same liabilities as in-person treatment. Reach out to a MEDPLI broker to make sure your existing medical malpractice policy extends coverage to perform telehealth services in Oklahoma.
Tort Reform in Oklahoma
In 2019, the Oklahoma Supreme Court ruled that damage caps are unconstitutional and that there shall be no limit to the amount of damages that plaintiffs can seek and receive in medical malpractice lawsuits.
Oklahoma’s Damage Caps on Medical Malpractice Lawsuits
Oklahoma does not cap economic damages and non-economic damages in medical malpractice lawsuits, according to a 2019 Oklahoma Supreme Court decision.
Statute of Limitations for Medical Malpractice Claims
The statute of limitations for medical malpractice in Oklahoma can be complex and vary from case to case. Consulting with MEDPLI brokers who understand the ins and outs of this system is an important part of protecting your medical practice with strong medical malpractice insurance coverage.
Medical Malpractice Insurance Outcomes in Oklahoma
The total malpractice payout in Oklahoma was $50,360,000 as of 12/31/2023 (Source: National Practitioner Data Bank).
Closing Remarks
According to the National Practitioner Data Base, Oklahoma reported 641 medical malpractice claims in 2023. Also, because Oklahoma has no damage caps, Oklahoma physicians will need robust medical malpractice coverage to protect against high financial loss in case of a liability lawsuit.Physicians searching for the best solution for their malpractice insurance can partner with MEDPLI brokers. We are advocates for physicians and we specialize in medical professional liability insurance. Whether you are changing jobs, going into private practice for the first time, or an owner of an existing practice, feel free to connect with us. Call 800-969-1339, email info@medpli.com, or start your quote now.
