Brad Hunt

---

Medical Professional Liability and Cannabis

Brad Hunt, Director Risk Resources, Acrisure, LLC

Solving the   Medical Malpractice  Cannabis Gap  Physicians are in the   ‘Medical Malpractice Cannabis Gap’   Vast majority of med mal policies exclude…    Claims arising from use of medications for an FDA non-approved purpose     Violations of Federal law: As a Schedule 1 drug, it is federally illegal to prescribe, recommend or discuss the use of cannabis as treatment for a patient  Traditional insurers are risk-averse and slow to address emerging/controversial exposures  Underwriting for cannabis is perceived as high risk (myth-based)  Many insurers are either:   Silent  Ambiguous   Exclude coverage for cannabis  Traditional insurers will not cover cannabis due to   Conflict between federal and state laws  Regulatory compliance  Reputational risks and public perception  Federal FinCEN laws make national insurers susceptible to asset seizure  Risk management concerns  Absence of historical claims data  Lack of clarity and Federal guidance creates ambiguity  What’s the risk for claims? An unhappy patient & lack of education  Myth: “There is no Standard of Care for cannabis.”    Fact: Guidelines are being developed by medical associations such as    American Association of Family Physicians  American College of Cardiology  American College of Obstetricians & Gynecologists  American Society of Addiction Medicine  American Society of Regional Anesthesia & Pain Medicine   Association of Cannabinoid Specialists  Federation of State Medical Boards  Myth:  “I’m not liable because I did not    prescribe / recommend the cannabis.”    Fact: Once you discuss cannabis or are involved in a patient care plan where cannabis is included, you are potentially exposed to cannabis-related claims. Ironically, liability can also occur by avoiding the conversation.  

Partner in the Acrisure Great Lakes region, I oversee the risk management strategy and operations for a range of clients in all industries with specialty in the healthcare and cannabis sectors. I have over 25 years of experience in the insurance industry, with a focus on professional liability, environmental health and safety, and business improvement. I am also a licensed managing general agent in Nevada and in Ohio I'm a licensed P&C agent.    In addition to my role at Acrisure, I am also the Chief Operating Officer at Pro Mal Insurance, a company that I co-founded in 2018 to address the medical malpractice cannabis gap. Pro Mal Insurance provides affirmative and affordable professional liability insurance for medical professionals who prescribe, recommend, or certify medical cannabis. As the COO, I am responsible for the business development, product innovation, and operational excellence of the company. My mission is to help medical professionals protect their practice and reputation in the emerging cannabis market.