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Sumner County committee orders EMS insurance review, urges county oversight
Summary
Committee moved to require all county departments, including EMS, to present insurance policies to the insurance board and risk management after learning EMS had been handling a separate policy and using an out-of-county law firm; legal counsel said HIPAA alone should not block county review.
The Sumner County Benefits & Risk Management Committee voted to carry an EMS insurance matter to old business and require every county department to present existing insurance policies for review by the insurance board and county risk management.
Chair (Speaker 1) said the committee recently learned that the EMS service has maintained its own insurance policy and that the policy’s law firm — referenced by counsel as Brad Gilmore — has handled claims. Legal counsel (Speaker 9) told the committee he has worked with that attorney but that the county should be in the loop to understand potential claims and exposure. “From a legal perspective, I would be advising you to rein all this in under one umbrella so that you can at least say, if you didn't know, you should have known because it was under your umbrella,” Speaker 9 said.
Several committee members said EMS has cited HIPAA concerns for not sharing claim details; Speaker 9 and others said HIPAA is a ‘‘need-to-know’’ rule but does not prevent risk management from viewing redacted or appropriately handled documentation for oversight. The motion that passed directs departments to present their insurance policies to the insurance board and to risk management and includes language that supervisors who obtain coverage outside the board accept responsibility for that coverage and any resulting liability.
The committee asked finance staff to provide invoices and any payment records tied to EMS’s policy and asked EMS to attend a future meeting with its broker/attorney to explain the policy scope, limits and claims activity. The matter will return as an old-business item with supporting documents, including a listing of premiums and any attorney engagement letters.
Next steps: staff will request EMS and finance deliver copies or summaries of the policies and claims invoices; legal counsel and risk management will review for HIPAA-appropriate disclosure and options to consolidate coverage under the county umbrella.
