5002 INSURANCE

5002.1 Each applicant or Provider shall maintain the following minimum amounts of insurance coverage:

(a) Blanket malpractice insurance for all employees in the amount of at least one million dollars ($ 1,000,000) per incident;

(b) General liability insurance covering personal property damages, bodily injury, libel and slander of at least one million dollars ($ 1,000,000) per occurrence; and

(c) Product liability insurance, when applicable.

5002.2 Each applicant or Provider shall post a continuous surety bond in the amount of fifty thousand dollars ($50,000) against all personal care services claims, suits, judgments, or damages including court costs and attorney's fees arising out of the negligence or omissions of the Provider in the course of providing services to a Medicaid beneficiary or a person believed to be a Medicaid beneficiary. The number of bonds required shall be predicated upon the number of Provider offices enrolled by the applicant or Provider in the Medicaid program.

SOURCE: Final Rulemaking published at 50 DCR 3957 (May 23, 2003); as amended by Notice of Final Rulemaking published at 59 DCR 1760, 1765 (March 2, 2012).