NAFV/FEDS Professional Liability Program

Federal Veterinarian

VOLUME 65, NUMBER 1

JANUARY 2008

NAFV/FEDS Professional Liability Program—NAFV has arranged for a New Professional Liability Program for NAFV Members

FEDS (Federal Employee Defense Services, Inc.) and NAFV have teamed up to provide professional liability protection to NAFV members. After careful consideration of the liability protection and special benefits offered by FEDS to NAFV members, NAFV has partnered with FEDS and is recommending the FEDS liability program to its members. The FEDS liability program is intended to re-place all other professional liability coverage for NAFV members.

This recommendation/partnership is based upon the coverage offered by membership in FEDS (see below for more information on the actual benefits), and the quality of both claims processing and legal defense provided under its plan. Further, both FEDS and its claims administrator have a demonstrated commitment to and understanding of the federal community, and specifically the professional federal veterinarian community. FEDS is committed to work with NAFV on an ongoing basis to ensure that NAFV members receive the protection they need under the FEDS liability program.

With regard to the legal defense provided by FEDS, FEDS has assembled a panel of attorneys who have significant experience in representing federal employees, notably the law firm of Shaw, Bransford, Veilleux & Roth (SBVR) who have over 25 years of experience providing legal representation on the full range of federal employment law and federal personnel law issues. SBVR has successfully defended federal veterinarians and other USDA and FDA employees in OIG investigations and other administrative and disciplinary proceedings. SBVR has also provided legal counsel to NAFV on policy related matters. NAFV believes that it is this commitment and understanding of our community, along with the quality of the legal defense provided under the plan that sets FEDS apart from other professional liability pro-grams.

NAFV strongly encourages members to protect themselves by purchasing professional liability insurance, especially given the difficult decisions that federal veterinarians make on any given day, potential for complaints and even lawsuits from members of the public, and the scope of management investigations into allegations of wrongdoing and professional misconduct. Recent trends are that federal managers and employees who are responsible for programs, have people management responsibilities or interact with the public and the regulated industries will unfortunately find themselves facing a lawsuit, an investigation or complaint at least once over the course of their career.

Membership in FEDS entitles a federal employee who is accused of some kind of wrongdoing or misconduct in the course of rendering a professional service to have his/her legal fees paid up to $200,000 in an administrative investigation (including a OIG investigation or an EEO investigation where you are named as the responsible management official), disciplinary action or judicial sanction proceeding; and up to $100,000 for criminal legal defense. It will also pay a personal judgment up to $1,000,000 in a civil suit. (see below for more in-formation on all the benefits).

The annual cost for the policy is $270, with payroll deduction avail-able. Additionally, NAFV members should keep in mind that as a manager or supervisor, your agency will reimburse you up to ½ of the cost. Your net cost would be only $135 per year. NAFV believes this is a small price to pay for the benefits you receive.

Further, FEDS is currently running two specials for NAFV members. First, if you are a current holder of another federal employee professional liability policy, FEDS will give you an 18 month membership for the price of a year. Second, if you do not currently have liability protection with an-other provider or your membership has expired, FEDS is giving NAFV members a $10 discount off the annual fee. In order to receive either of these discounts, please contact NAFV for the codes you will need to enter during the online checkout process at www.fedsprotection.com. (email mmason@nafv.org or call 202-223-4878)

FEDS Benefits:

• Pays up to $1,000,000 of professional liability damages for federal employees who are sued for any act, error or omission which is com-mitted or arises out of the course and scope of employment.

• Pays for legal defense up to $200,000 for any disciplinary or judicial sanction proceeding or administrative investigations into alleged misconduct from any act, error, or omission committed by a federal employee while rendering a professional service.
• Pays for legal defense up to $100,000 for any criminal proceeding or investigation into any act, error, or omission committed by a federal employee while rendering a professional service.
• In addition to these liability protections, membership in FEDS pro-vides federal employees with the following additional benefits:
• Two free ½ hour legal consultations with an attorney experienced in the areas of federal personnel and employment law, criminal law or tax and estate planning for matters not covered by the liability defense benefits offered by the FEDS association.
• Personal accidental and death benefits in the amount of $10,000, with an additional benefit of $10,000 in the event a federal employee is killed in the line of duty.
• Identity Theft Restoration Service for federal employees who are victims of identity theft.

For more information on the FEDS benefits program, contact the NAFV HQ office, visit www.fedsprotection.com or call them at 866-955-FEDS (3337).

Reprinted from Federal Veterinary Volume 65, Number 1- January 2008

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