Digital Health Companies can face significant challenges
Digital health companies face significant challenges when assessing their risks and their exposure to things like medical malpractice claims, HIPAA fines and penalties, IP infringement claims and other costly litigation and regulation. Navigating this maze can be challenging and the results are often inconclusive.
About the Industry
Wikipedia defines digital health as “the convergence of digital technologies with health, healthcare, living, and society to enhance the efficiency of healthcare delivery and make medicines more personalized and precise.”
And according to Castlight Health, “the digital health ecosystem is exploding, to the tune of billions of dollars a year in new investment.” Digital health is not only a rapidly growing space, the technology solutions being developed are changing lives on a daily basis.
Here are a few questions you should answer about your specific situation:
How We Can Help
- How do your client contracts address your exposure to bodily injury, outage, or a breach of PHI caused by a failure of your technology? EXAMPLE: If you’re providing a data analytics platform, does your contract specify that you’re just providing data to better inform the physician and not directing the physician to provide care?
- How do your critical vendor contracts transfer risk, and is there a financial mechanism to support the risk transfer? EXAMPLE: If you host PHI and use Amazon Web Services to host this data, are they taking responsibility for HIPAA fines and penalties as a result of a breach that is their fault? HINT: Probably not!
- How do your cyber liability, professional liability, and general liability policies respond to the risks retained on your balance sheet after analyzing your contracts? EXAMPLE: If you’re assuming responsibility for a breach of PHI from your clients, and not transferring that risk to your hosting provider, does your insurance carrier cover this exposure?
My job has been so much easier since we started working with BCP Tech. To start with they were able to right size our coverages and eliminate redundancies, which gave us our coverage for less money. Due to our growth we quickly had to increase coverages, and this was turned around very quickly. But the biggest impact the team has is assisting us with questions of coverage that come from customers. As we grow, so does the size of our clients. Having BCP Tech to call on helps us stay focused on our core values, as they brings a level of expertise about liability in the digital health industry that none of us possess.
VP of Finance of an Inc 500 digital health company
Allow us to take risk management and insurance off of your plate so you can focus on revenue generating activities.
We can review your contracts, help you build cyber security policies, manage your insurance program, and handle many other risk management functions.