In This Issue


21st Century Policing Workshop

Open Records Coordinator and Policy

Outside Sports Leagues and City Facilities

Pharmacy Benefits Manager


Tennessee Trivia

Q. What Tennessee city has been named the best place to see the total solar eclipse on August 21, 2017? This city is located in the middle of the path of totality, and individuals can experience two minutes and 37 seconds of totality.

Click Here for the Answer

Message from the President

Dawn
Each year, we share the decisions made by our board of directors regarding Public Entity Partners’s coverages, rates and dividends. Below are the results from our February 24, 2017, board meeting.

COVERAGES:
Beginning with the July 1, 2017, renewal cycle, we will be adding Class Action Suit Coverage to our liability policy. This coverage will provide a maximum $1 million per occurrence and annual aggregate, with defense within the limit.

RATES:
Effective July 1, 2017, there will be no change in our base rates, apart from a charge for the class action suit coverage.

Workers’ compensation

No change

Property

No change

General liability

No change

Law enforcement liability

No change

Errors or omissions

4% charge for class action suit coverage

Auto liability

No change

Auto physical damage

No change

DIVIDENDS:
A financial benefit of PE Partner membership is the return of excess dividends to members. While base rates impact premiums based on future anticipated losses, dividends are based on past performance.

Any surplus in excess of calculated thresholds is recommended to be returned to the membership in the form of a dividend credit, applied to the renewal invoices of qualifying members.

It is important to note that since the dividends vary from year to year and are not part of the premiums charged for renewing coverage, they should not be counted as part of your entity’s budgeted insurance costs.

For the 2017-2018 fund year, Public Entity Partners’s board of directors has authorized a $5 million dividend, which includes $2,275,000 in workers’ compensation dividends; $2,235,000 in liability dividends; and $490,000 in property dividends.

Thank you for your business, and for our decades of stability and partnership together.

Respectfully,
signature
Dawn R. Crawford
President/CEO

 

21st Century Policing Workshop

The 21st Century Policing Workshop series wrapped up on February 23rd in Johnson City. These workshops provided training on law enforcement liability issues to police officers and city officials across the state. Training topics included use of force, implicit bias, confirmation bias, lack of respect for authority, trends in social media, cameras and more.

This program was jointly provided by Public Entity Partners, the Tennessee Association of Chiefs of Police and MTAS. In total, 536 participants attended six sessions in Germantown, Jackson, Franklin, Chattanooga, Knoxville and Johnson City.

Attending the workshop hosted in Franklin at the TACP monthly meeting are (from left) Chief Kevin Arnold, Smyrna Police Department; Chief Jeff Hughes, Brentwood Police Department (2016-17 President, TACP); Dawn Crawford, President/CEO, Public Entity Partners; Rex Barton, Police Management Consultant, UT-MTAS; Jack Ryan, Esq. ― Legal & Liability Risk Management Institute; Maggi Duncan, Executive Director, TACP; Chief Tim Christol, Red Bank Police Department; Chief David Rausch, Knoxville Police Department; and Chief Rick Scarborough, Clinton Police Department.

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Open Records Request Coordinator and Written Policy

Effective July 1, 2017, every governmental entity must establish a written public records policy and have that policy adopted by the entity’s appropriate governing authority. As directed by the state legislature, the Office of Open Records Counsel has established a model best practices and public records policy. The Best Practices & Guidelines Document and Model Public Records Policy are available at http://www.comptroller.tn.gov/openrecords/forms.asp.

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Outside Sports Leagues and City Facilities

Spring is here ― and its arrival brings increased third-party usage of parks and recreation facilities. Third-party facility use is an often-overlooked exposure for local governments.

Most members with facilities utilized by third parties do ask for Certificates of Insurance, which name the city as additional insured son sports leagues’ liability policies. However, it is also important to have written agreements with the organized athletic teams that use your fields and facilities.

A signed written agreement lays out the responsibilities of a sports league as it utilizes local government facilities. Public Entity Partners’s Loss Control Department has a sample facility use agreement for outside sports leagues that can serve as a model policy.

The agreement between a local government and a sports league should also cite the league’s responsibility to comply with the Tennessee Sports Concussion Law (known as the “concussion statute”) and the Sudden Cardiac Event Prevention Act. These statutes require organized athletics to provide training and policy on concussion awareness and treatment, as well as on the symptoms of sudden cardiac events.

TCA Title 68, Chapter 55 part 5, is known as the “concussion statute.” It requires organized athletics to provide training and a written policy on concussion awareness and treatment to all staff, coaches, volunteers and parents involved in organized athletics for minors. A sample policy can be found on the Tennessee Department of Health’s website, while training is available through the Center for Disease Control.

These two links can assist in the training and policy needed for compliance:
https://www.tn.gov/health/article/tbi-concussion
http://www.cdc.gov/concussion/HeadsUp/youth.html

Public Entity Partners recommends the facility use agreements include a written provision for compliance by the third party with this law.

Since January 1, 2016, organized athletic leagues must also comply with the Sudden Cardiac Event legislation. Tennessee Public Chapter 325 requires all coaches, youth athletes and their parents or guardians to be informed and educated on the symptoms of a sudden cardiac event, to require removal of an athlete demonstrating these symptoms, and to require medical clearance before returning to the game. The statute also requires an indemnification signed by every parent whose minor child participates in any organized athletics.

In addition, the Sudden Cardiac Event statute requires a specific release of liability signed by parents and/or legal guardians of minor participants. The written agreement clarifies a facility user’s responsibility for compliance with these statutes, while also including a hold harmless provision for the city.

Training, model policies and indemnification samples can be found at www.tn.gov/health/topic/sudden-cardiac-arrest-prevention-act. Public Entity Partners recommends the facility use agreements also include a statement that the organized athletic league is aware of and in compliance with the statute regarding Sudden Cardiac Events.

If you have questions about third-party use of your athletic fields, please contact your regional loss control consultant.

Judy Housley
jhousley@PEpartners.org

Chester Darden
cdarden@PEpartners.org

Paul Chambliss
pchambliss@PEpartners.org

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Changes in Workers’ Compensation Claims Requiring Prescriptions

Public Entity Partners partners with Helios as a pharmacy benefits manager for workers’ compensation claims that require prescriptions.

OptumRx, owned by United Healthcare, has acquired Helios, and as a result, you may see the name Helios, along with Optum and OptumRx.

If you have a first fill card, retail drug card or a pharmacy card, they are all still valid. Once the rebranding process is complete, you will be provided with an updated first fill card. Injured workers who already have Helios cards will be sent a new card by OptumRX once the branding has changed.

If you or an employee has questions about your pharmacy benefits, please contact your adjuster.

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Tennessee Trivia

Q: What Tennessee city has been named the best place to see the total solar eclipse on August 21, 2017? This city is located in the middle of the path of totality, and individuals can experience two minutes and 37 seconds of totality.

A. Sweetwater