Physician Assistant Malpractice Insurance

Independent Contractor & 1099 Physician Assistant Insurance

Working as an independent contractor can create additional insurance responsibilities.

A facility or medical group may have its own liability insurance, but a 1099 physician assistant should not automatically assume that the organization's policy provides individual protection for every professional service performed.

Before beginning an independent contractor assignment, review the contract and determine:

• Who is responsible for providing malpractice insurance
• What liability limits are required
• Whether the coverage must be occurrence or claims-made
• Whether tail coverage will be required
• Who is responsible for paying for tail coverage
• Whether your business entity also needs to be insured

Clifton Insurance Agency can help physician assistants evaluate malpractice insurance for independent contractor and other nontraditional work arrangements.

PA Malpractice Insurance for Different Medical Specialties

The professional liability risk of a physician assistant can change considerably depending on the area of medicine in which they practice.

Clifton Insurance Agency can help evaluate malpractice coverage for PAs working in settings such as:

• Primary care
• Family medicine
• Internal medicine
• Urgent care
• Emergency medicine
• Surgery
• Orthopedics
• Dermatology
• Cardiology
• Women's health
• Psychiatry and behavioral health
• Pain management
• Medical aesthetics
• Medical spas
• Specialty practices

Procedures and duties should be accurately disclosed when applying for insurance. A PA performing primarily office-based evaluations may present a different insurance exposure from one assisting with surgical procedures, performing injections or providing higher-risk clinical services.

Physician Assistants Working in Medical Spas & Aesthetics

Physician assistants are increasingly involved in aesthetic medicine and medical spa practices.

PAs may perform services such as cosmetic injectables, patient evaluations, prescription-related services and other aesthetic procedures depending on applicable state law and their scope of practice.

Because medical spa services can create additional professional liability exposure, all procedures should be disclosed when requesting insurance.

If you work in or own an aesthetics practice, Clifton Insurance Agency can also help evaluate broader insurance needs for the medical spa business itself.

Medical Spa Malpractice Insurance

Individual PA Coverage vs. Employer Coverage

Employer-provided and individual malpractice policies can serve different purposes.

An employer's insurance is generally designed primarily around the organization's operations and exposures. An individual PA policy is written specifically around the insured physician assistant and the professional services described in the policy.

When reviewing either type of coverage, consider:

• Per-claim liability limit
• Annual aggregate limit
• Whether limits are shared
• Defense coverage
• License protection
• Coverage for depositions or subpoenas
• Consent-to-settle provisions
• Coverage for outside employment
• Policy exclusions
• Tail or prior-acts requirements

Insurance contracts vary significantly, so these features should be confirmed in the actual policy rather than assumed.

Claims-Made vs. Occurrence Malpractice Insurance

Physician assistant malpractice insurance may be available on either a claims-made or occurrence basis.

Claims-Made Coverage

Claims-made insurance generally depends on both the timing of the professional service and when the claim is made or reported under the applicable policy terms.

When you leave a claims-made policy, protection may need to be arranged for services performed before that policy ended.

This is where tail coverage or prior acts coverage may become important.

Occurrence Coverage

Occurrence coverage is generally based on when the covered incident occurred. A claim may be reported after the policy has ended as long as the qualifying incident occurred during the applicable policy period, subject to the policy's terms and conditions.

Neither option should be selected based solely on price. Understanding how each policy responds when you change jobs or carriers is particularly important.

Changing Jobs? Don't Forget About Tail Coverage

Changing employers is common for physician assistants, but leaving a position can create a coverage issue if your previous malpractice insurance was written on a claims-made basis.

Depending on the arrangement, you may need:

• Extended reporting or tail coverage from the previous insurer
• Prior acts coverage through a new insurer
• Coverage provided by the former employer
• Another solution outlined in your employment agreement

Before leaving a practice, determine who is responsible for protecting against claims arising from your previous professional services.

Clifton Insurance Agency can help evaluate available Prior Acts and Tail Insurance options.

What Can Physician Assistant Malpractice Insurance Cover?

Coverage depends on the insurer and policy selected, but professional liability insurance may address claims alleging injury resulting from professional healthcare services.

Depending on the policy, additional benefits may also be available for areas such as:

• Professional liability claims
• Legal defense
• Licensing board proceedings
• Deposition representation
• HIPAA or privacy-related proceedings
• Defendant expenses
• Personal injury allegations
• Other covered professional exposures

Limits, exclusions and coverage features vary by insurer.

Clifton Insurance Agency can help you compare these details so you understand more than simply the quoted premium.

What Affects the Cost of PA Malpractice Insurance?

There is no single malpractice insurance rate for every physician assistant.

Pricing may be affected by:

• State of practice
• Medical specialty
• Procedures performed
• Full-time or part-time status
• Independent contractor status
• Number of practice locations
• Coverage limits
• Claims history
• Previous insurance history
• Claims-made or occurrence coverage
• Additional policy benefits

For example, a part-time PA working in primary care may have a substantially different exposure from a full-time surgical PA or a physician assistant performing aesthetic procedures.

Providing accurate practice information allows insurers to develop a quote based on your actual professional activities.

Malpractice Insurance for PA Groups

Clifton Insurance Agency can also assist physician assistant groups and healthcare organizations that employ multiple PAs.

A group policy may need to address:

• Multiple healthcare professionals
• Business entity coverage
• Shared or individual liability limits
• Employees and independent contractors
• Multiple specialties
• Multiple locations
• General liability
• Cyber and privacy exposure
• Changes in staffing throughout the policy period

Groups should review coverage whenever they add providers, locations or new types of clinical services.

 Medical Malpractice – Group & Individual Coverage

What Should a Physician Assistant Look for in a Malpractice Policy?

Price matters, but it should not be the only factor when comparing PA malpractice insurance.

Before choosing coverage, ask:

• What are my per-claim and aggregate limits?
• Are those limits mine or shared with other insureds?
• Are defense costs inside or outside the liability limit?
• Is this a claims-made or occurrence policy?
• What is my retroactive date?
• Will I need tail coverage when I leave?
• Does the policy include license-defense coverage?
• Is moonlighting or outside employment covered?
• Are all of my specialties and procedures disclosed?
• Are all of my practice locations included?
• Does coverage extend to my business entity if needed?
• What exclusions apply?

Understanding these details can be just as important as comparing premiums.

Why Work With Clifton Insurance Agency?

Clifton Insurance Agency specializes in professional liability and medical malpractice coverage for healthcare professionals, including individual physician assistants and PA groups.

Rather than treating every PA as having the same risk, we can evaluate your specialty, professional duties, work arrangement and coverage needs to identify appropriate insurance options.

Whether you are starting your career, changing jobs, adding independent work or comparing alternatives to your current policy, our team can help you understand your options.

Request a Physician Assistant Malpractice Insurance Quote

Your malpractice insurance should reflect the work you actually perform.

Tell us about your specialty, practice locations, employment arrangement and current insurance using the quote request form. Clifton Insurance Agency can then help you compare available physician assistant malpractice insurance options.

Request a PA malpractice insurance quote online or call 877-212-4368 for assistance.

Physician Assistant Malpractice Insurance FAQs

Do physician assistants need malpractice insurance if their employer covers them?

Employer coverage may provide malpractice protection, but PAs should understand the limits, exclusions and scope of that coverage. Outside employment, moonlighting or independent contractor work may not be included. Review the actual policy or certificate of insurance rather than assuming all professional activities are covered.

Can I get malpractice insurance for part-time PA work?

Yes. Coverage options may be available for physician assistants working part time or on a limited schedule. Pricing and eligibility depend on the insurer, specialty and professional services performed.

Can physician assistants get malpractice insurance for moonlighting?

Coverage may be available for moonlighting and supplemental work. All employers, facilities, specialties and professional activities should be disclosed when arranging the policy.

Do 1099 physician assistants need their own malpractice insurance?

They may. The contract should specify who is responsible for malpractice insurance. Independent contractors should obtain written confirmation of exactly what coverage applies before beginning an assignment.

Does PA malpractice insurance include license defense?

Some policies include separate benefits for licensing board defense or disciplinary proceedings. Limits and conditions vary by insurer, so this benefit should be verified when comparing policies.

Will I need tail insurance when I leave my PA job?

Possibly. If your previous coverage was claims-made and does not continue protecting prior professional services after you leave, tail coverage or qualifying prior-acts coverage may be necessary. Review your insurance policy and employment agreement before ending coverage.

Example Coverage Features Available Through Select PA Policies

Coverage features, limits and availability vary by carrier, state and policy. The following are examples of benefits available through certain programs and should not be interpreted as applying to every policy.

• Covers you, up to $1 million each claim, for amounts that you become legally obligated to pay as a result of a professional liability claim arising out of a covered medical incident.
• Covers you, up to $5 million annual aggregate, for all covered claims in the policy period.

License Protection – up to $25,000 annual aggregate

• If your client, a spouse, family member, etc. complains about you to a state licensing board, you could face the challenge of defending your practice and license-and thousands of dollars in legal fees. A policy through HPSO will reimburse you up to the applicable limit for your defense of disciplinary charges and other covered expenses arising out of a covered incident.

Defendant Expense Benefit – up to $25,000 annual aggregate, up to $1,000 per day

• Your policy through HPSO will reimburse you up to the applicable limit for lost wages and covered expenses incurred when you attend a required trial, hearing, or proceeding as a defendant in a covered claim.

Deposition Representation – up to $10,000 annual aggregate

• A patient or client is injured at the facility where you work. You are not named in the lawsuit, but you receive a subpoena for testimony during the policy period. Your coverage through HPSO will pay for attorney’s fees of an attorney designated by the insurer as a result of your required appearance at a deposition that arises out of professional services

Personal Liability Coverage – up to $1 million annual aggregate

• Covers you for legal liability for covered claims resulting from incidents at your residence, unrelated to your work.

Defense Attorney Provided

• With your own individual coverage, you’ll have your own defense attorney designated by the insurer to represent you in court, when necessary. Legal fees will be paid for covered claims, in addition to your liability limits – WIN OR LOSE.

Assault Coverage – up to $25,000 annual aggregate

Violence in the workplace is a tragic reality. If you become the victim of a violent action at work or on your way to or from work, this coverage will reimburse you for your medical expenses or damage to your property up to the applicable limit. (Not available in Texas).

Personal Injury Coverage

• Covers you, up to the applicable limits of liability, for covered claims arising from allegations of slander, libel, assault and battery, and other alleged personal injuries arising through the performance of your professional services.

Medical Payments – up to $25,000 per person, up to $100,000 annual aggregate

• Pays for reimbursement of medical expenses to others injured at your residence or business premises up to the applicable limit.

Damage to Property of Others – up to $10,000 annual aggregate

• While you are providing care at a patient’s or client’s home, what if you accidentally break something? No worries. Your policy pays up to the applicable limit for unintentional damage you cause to someone else’s property while at your personal residence or your workplace.

First Aid Expenses – up to $10,000 annual aggregate

• This benefit provides reimbursement for expenses you incur while rendering first aid to another person. For example, these expenses may include supplies from your personal first aid kit that you used to help a victim of an automobile accident.

Sexual Misconduct/Abuse – up to $25,000 annual aggregate

• Insures you, up to the applicable limit of liability, for amounts you are legally obligated to pay as a result of covered claims involving acts of sexual misconduct related to professional services.

Information Privacy Coverage (HIPAA) – up to $25,000 annual aggregate

• People today are very conscious of their privacy. Most are aware of the protection they receive under the HIPAA laws. This coverage reimburses you for costs to notify patients of a breach of confidential personal information in compliance with privacy protection laws. It also covers HIPAA fines and penalties that you become legally obligated to pay as a result of a covered proceeding.

These policy terms are based off of the Occurrence or Convertible Claims-Made Policies Provided by AON/HPSO – Affinity Insurance Services, Inc. Clifton Insurance Agency, Inc is a representative agency. We also represent all other carriers nationally.