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A Morrow guide

$2M Professional Liability (E&O) Insurance for Medical Coding Companies

In this guide

A $2M Professional Liability (E&O) requirement means a medical coding company needs a policy that pays up to $2M per claim, which hospitals and health plans often ask for in vendor contracts.

The short answer

  • For medical coding companies, a $2M requirement usually means $2M per claim and $2M total for the policy year, often asked for by hospitals and health plans.
  • Check the numbers. $2M/$2M pays up to $2M for one claim. $1M/$2M pays only $1M for one claim and may not meet a $2M per claim clause.
  • If you carry $1M today, request new quotes for a $2M policy through Morrow.

What does a $2M requirement mean for medical coding companies?

Professional Liability (E&O, short for Errors and Omissions) covers claims that a mistake in your professional services cost a client money. For a coding company, that usually means a coding error or a missed review. A hospital vendor agreement might read:

Illustrative contract wording

Contractor shall maintain Professional Liability (Errors and Omissions) insurance covering the inpatient and outpatient coding, coding audit and coding validation services under this Agreement, with limits of not less than $2,000,000 per claim and $2,000,000 in the aggregate. Contractor shall also maintain Cyber Liability insurance. Claims-made coverage shall be kept in force, or an extended reporting period purchased, for three (3) years after termination.

Illustrative example only. Your contract's wording controls.

  • Per claim: the most the policy pays for any one claim. Here, $2M.
  • Aggregate: the most the policy pays for all claims in one policy year. Here, also $2M. A $1M/$2M policy meets this part but not the per claim part.
  • Claims-made: the policy covers claims made while it is active, for work on or after the retroactive date (the earliest date of work the policy covers). See claims-made vs. occurrence.
  • Two policies: the clause asks for Cyber too. Professional Liability usually does not stand in for it. See Professional Liability vs. Cyber.

Who asks medical coding companies for $2M?

Small practices may ask for $1M (see $1M for medical coding companies). $2M tends to come from clients where one repeated coding error touches thousands of claims:

  • Hospital systems outsourcing inpatient, outpatient or emergency department coding.
  • Health plans hiring outside coders for risk adjustment reviews (checking diagnosis codes that set a plan's payments) or claims coding validation.
  • Ambulatory surgery centers and large specialty groups with high-dollar procedures.
  • Revenue cycle and staffing firms that pass their own client's $2M requirement down to you as a subcontractor.

Some large health systems go higher. See $3M for medical coding companies.

How is $2M built?

At $2M, the limit is usually one primary policy (the policy that pays first) written at $2M/$2M. Sometimes a $1M primary plus a $1M excess layer (a second policy that pays after the first is used up) reaches $2M. The excess should follow form, meaning it uses the same terms as the primary. Confirm with the client that primary plus follow-form excess meets the clause. A commercial umbrella almost never covers Professional Liability.

Coding companies usually buy Miscellaneous Professional Liability, a form for service firms without their own policy type. A firm that mainly sells coding software may need Technology E&O instead. Licensed clinicians who treat patients usually buy medical malpractice coverage instead.

Good to know

Defense costs can shrink the $2M. Many Professional Liability policies pay defense costs inside the limit. A long audit dispute with a payer (the health plan that pays the claims) can use up part of it. See defense costs inside or outside the limit.

What will underwriters ask for?

An underwriter is the person at the insurer who decides whether to offer coverage and on what terms. At $2M, they often ask about:

  • Your revenue by service: professional fee coding, inpatient facility coding, outpatient coding, risk adjustment, coding audits.
  • How many coders hold industry credentials, and your accuracy targets and second-level review process.
  • Whether coders work from your client's documentation only, and how you send questions back to physicians.
  • Whether you use subcontracted or offshore coders, and how you control their access to patient records.
  • The contract itself, including any indemnity clause (a promise to pay the client's losses). See the contractual liability exclusion.
  • Prior claims, client complaints, payer audits tied to your work, and your current policy with its retroactive date.

What affects the cost?

  • Service mix. Inpatient and risk adjustment coding usually carry more dollars per claim than simple pro fee coding.
  • Client size and volume. More charts per year means one systemic error can grow large.
  • How the $2M is built. A primary plus excess is priced differently from a single $2M policy.
  • Quality controls and claims history. Regular audits and credentialed staff may help.
  • Retention and defense terms. A higher retention (the amount you pay on each claim before the policy pays, like a deductible) usually lowers the premium. See Professional Liability cost factors.

Frequently asked questions

Do I need $2M Professional Liability as a medical coding company?

Only if your contract or client requires it, so check the insurance clause before you buy.

What kind of claim could reach $2M for a coding company?

Usually one repeated coding error across many claims. Hypothetical examples, not real cases: a coder misreads a coding guideline update, and for months a hospital's inpatient cases are assigned higher-paying codes. A payer audit leads to recoupment (the payer taking back money it already paid), and the hospital blames you for the refunds and audit costs. Or undercoding a surgery center's procedures for a year leads to a lost revenue claim. Fines, penalties and repayments of overpayments are often excluded or limited.

Is $1M/$2M enough if my contract says $2M?

Only if the clause asks for $1M per claim. A $2M per claim clause needs $2M/$2M. Send Morrow the contract and your policy, and Morrow can request new quotes. Report anything that could become a claim to your current insurer before switching.

Does Professional Liability cover a breach of patient charts?

Usually not. A breach of medical records your coders can access is usually a Cyber claim, which is why hospitals and health plans often ask for both. See Professional Liability for healthcare vendors.

Looking for $2M in Professional Liability? Morrow can help.

Send us the contract's insurance requirement and your current policy, if you have one. Morrow can review both and request quotes for a $2M policy, keeping your retroactive date (see why it matters) where the market allows.

Morrow · 25 New Chardon Street, 4th Floor, Boston, MA 02114

This article is general information, not legal advice or a coverage determination. Coverage depends on the actual policy wording, carrier underwriting and your contract terms.