What is retroactive protection?
Retroactive protection is offered to physicians who are joining the CMPA to assist with potential medical-legal difficulties resulting from their past medical professional work prior to joining the CMPA. It is available for a one-time cost to most physicians who have held either commercial claims-made insurance or occurrence-based protection in Canada.
If you are joining the CMPA and previously carried professional liability insurance please note:
Commercial claims-made insurers will usually only insure for claims reported to them before the termination date of the policy. A gap in protection may exist for claims arising from professional work done while holding a commercial claims-made insurance policy, but reported after the termination date of the policy. In other words, it is likely the insurer will not accept the claim nor will you be eligible for CMPA assistance. The CMPA provides occurrence-based protection, which means a member is eligible for assistance in the face of a claim arising from professional work done while the physician was a member, regardless of when the claim is made.
A physician has 2 choices to correct this gap in protection:
- If it is available, purchase from the commercial claims-made insurer a special policy extension called tail coverage (extended reporting period); or
- Purchase retroactive protection from the CMPA.
Residents who trained in the province of Québec and were protected by l'Association québécoise d'établissements de santé et de services sociaux (AQESSS) or the Fédération des médecins résidents du Québec (FMRQ) are not protected in the event of complaints of an administrative nature filed with an establishment or the medical regulatory (licensing) authority (e.g., complaints, investigations, disciplinary hearings, complaints from patients concerning intimidation) once their postgraduate education is completed. These residents should consider applying for CMPA's retroactive protection, which provides assistance for such medical-legal difficulties as well as other services and advice.
If you previously held occurrence-based protection, you continue to be protected by your former insurer for past professional work. However, you may prefer to benefit from CMPA retroactive protection, in which case, if you are faced with a claim you will need to choose at the onset which organization you will look to for assistance.
Note: Retroactive protection is not a way of "backdating" the start of a new CMPA membership.
Are you eligible for retroactive protection?
To be eligible, you must meet all of the following conditions:
- Have held either claims-made insurance or occurrence-based protection;
- Be in the process of joining or have joined the CMPA or have reactivated membership within the last 6 months;
- Remain a member for a minimum of 3 years after joining the CMPA. Should you not maintain membership for a minimum of 3 years after joining, the CMPA may, at its discretion, cancel retroactive protection and return the applicable payment; and
- The retroactive protection period must be for professional work performed in Canada while duly licensed or registered by a provincial/territorial medical regulatory authority (College).
Important: To be eligible for retroactive protection, your application must be received in our office within 6 months after becoming a CMPA member. Retroactive protection is available only for claims, legal actions or other proceedings starting after your retroactive application is accepted by the CMPA and you have made acceptable payment arrangements.