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About the Editor | |
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Dedication | |
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Foreword | |
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Preface | |
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Introduction for Condensed Reading and Review | |
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Contributing Authors | |
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Afterword | |
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Insuring the Doctor's Life | |
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The Geneva Papers on Risk and Insurance Theory | |
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Acturial Sciences | |
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Social Insurance | |
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Risk Management Principles | |
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General Types of Insurance Policies for Physicians | |
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Life Insurance Taxation | |
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Health Insurance Overview | |
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Life and Health Insurance Policy Provisions | |
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Annuity Overview | |
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Annuity Taxation | |
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Long-Term Care Insurance | |
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Additional Readings | |
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Websites | |
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Insuring the Doctor's Property and Possessions | |
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Fee Only Insurance Consultant | |
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General Types of Policies Covering Possessions | |
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Automobile Insurance Overview | |
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Umbrella Liability Insurance Overview | |
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Evaluting Insurance Companies and Policies | |
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Policy Replacement | |
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Lifetime (Viatical and Senior) Settlements | |
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Needs Analysis Approach to Life Insurance | |
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Additional Readings | |
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Websites | |
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Insuring the Doctor's Practice | |
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Business Uses of Life Insurance | |
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Other Business-Related Insurance | |
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Miscellaneous Insurance Policies | |
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Additional Readings | |
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Websites | |
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Risks of Medical Practice Noncompete Agreements | |
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Restrictive Covenants Defined | |
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Covenants for the Sale of a Medical Practice | |
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Covenants as Part of a Medical Employment Contract | |
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"Reasonable" Covenant Terms | |
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Remedies for Covenant Breach | |
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Agreements Restricting the Practice of Medicine | |
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Conclusion | |
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References | |
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Additional Readings | |
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Documentation and Medical Records Risks | |
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Historic Purpose of Medical Records | |
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The Medical Records Revolution | |
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Documentation Guidelines for Evaluation & Management Coding | |
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Legal Statutes Regarding Medical Billing | |
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References | |
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Health-Care Compliance Risk Management | |
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The Compliance Process | |
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The Rules | |
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Conclusion | |
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References | |
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Risk Management in Modern Medical Practice | |
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Medicare Recoupment Risks | |
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Health-Care Fraud Risks | |
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Provider Health-Care Fraud Considerations | |
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The Kennedy-Kassenbaum (HIPAA) Act | |
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The Balanced Budget Act | |
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The Federal False Claims Act | |
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Money Laundering | |
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Civil Asset Forfeiture Risks | |
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Self-Referral Risks | |
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Federal Agency Risks | |
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Occupational Safety and Health Agency Risks | |
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Drug Enforcement Agency Risks | |
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Environmental Protection Agency Risks | |
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Health and Human Services (Office of Civil Rights) Risks | |
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Antitrust Risks | |
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Business Practice Litigation Risks | |
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Patterns of Practice Risks | |
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Managed Care Contractual Risks | |
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Historic Bars to Managed Care Lawsuits | |
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The Contract Capitulation Dilemma | |
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Employee Risks | |
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Vicarious Risks | |
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Deselection Risks | |
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Risks of Collateral Consequences | |
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Medicare 5-Year Exclusion Risks | |
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State Board Action Risks | |
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Malpractice Risks | |
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New Practice Risks | |
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Education Debt Load Risks | |
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Suggestions to Help Avoid Medical or Legal Risks | |
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Conclusion | |
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Additional Readings | |
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Websites | |
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Sexual Harrassment Risks in Medical Practice | |
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Preferential Treatment | |
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Hostile Medical Office Work Environment | |
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Unreasonable Interference With Work Performance | |
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Two-Pronged Test for Offensive Behavior | |
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Examples of Sexual Harassment | |
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Gender-Based Animosity | |
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Same-Sex Harassment | |
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Doctor-Employer Liability | |
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Disciplinary Actions | |
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Tangible Employment Action | |
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Punitive Damages | |
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Financial and Economic Costs | |
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Commonsense Approach | |
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Endnotes | |
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Medical Office Workplace Violence Risks | |
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Introduction to Medical Workplace Violence | |
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Case Example | |
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Health-Care Workplace Violence Defined | |
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Financial Risk Management Impact of Workplace Violence | |
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Assessing the Risk of Workplace Violence | |
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Contributing Factors to Workplace Violence | |
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Focusing on Prevention: The Zero Incidents Approach | |
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Establish a Workplace Violence Prevention Committee | |
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Disastrous Planning Mistakes | |
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Analyzing the Business Impact of a Workplace Violence Incident | |
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Cost of Implementing a Prevention Effort | |
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The Hidden Cost of Conflict | |
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Cost of Recovery After an Incident | |
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Assessment | |
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Summary | |
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References | |
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Additional Readings | |
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Medical Malpractice and Tort Reform Risks | |
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Malpractice Insurance History | |
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Background | |
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The Corporate Tort Reform Movement | |
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Physician Self-Regulation | |
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The Medical Malpractice Crisis | |
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Conclusion | |
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References | |
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The Capitation Liability Theory | |
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The Liability Insurance Industry | |
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The Liability Premium-Setting Process | |
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The Capitation Liability Theory | |
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Premium Structures and Models | |
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Liability Coverage Forms | |
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The Contrary Viewpoint | |
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Miscellaneous Liability Factors | |
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Current Trends | |
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Specialty-Specific Insurers | |
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Conclusion | |
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References | |
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Additional Readings | |
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Websites | |
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Endnotes | |
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Medical Malpractice Trial Risks | |
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Dear Doctor, You Have Been Served a Lawsuit | |
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The Trial Players | |
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Burden of Proof | |
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Types of Trials | |
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Discovery Process | |
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Depositions | |
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Motions In Limine | |
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Jury Selection | |
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Opening Statements | |
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Presentation of Evidence | |
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Summation | |
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Final Instructions | |
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Jury Deliberations | |
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The Verdict | |
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Preventing and Reducing Incidents of Malpractice | |
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Conclusion | |
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Additional Readings | |
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Websites | |
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Endnotes | |
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Financial and Operative Risks of Divorce | |
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Domestic and Spousal Issues | |
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Prenuptial Agreements | |
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The Decision to Divorce | |
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An Overview of Family and Divorce Law | |
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Other Tax Considerations of Separation and Divorce | |
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Older Divorcing Medical Professionals | |
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Additional Readings | |
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Divorce Websites | |
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Additional Websites | |
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Asset Protection Principles | |
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Getting Started | |
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Appreciating the Risks | |
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Asset Protection Tools | |
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Complex Asset Protection Tools | |
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Timing Is Everything | |
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Additional Readings | |
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Endnotes | |
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Selecting Insurance Agents and Risk Management Advisors | |
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Insurance Company Selection | |
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Introduction to Insurance Agent Selection | |
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Why Do Regulators Target Insurance Agents? | |
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Hiring the Right Insurance Agent | |
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Insurance Agent Titles and Credentials | |
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Medical Risk Management Societies and Specialists | |
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The Role of Advisor/Agent Teamwork | |
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Acknowledgments | |
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Index | |