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A Morrow guide

$3M Professional Liability (E&O) Insurance for Medical Coding Companies

In this guide

For medical coding companies asked by a health plan or hospital system for $3M: it usually means one $3M Professional Liability (E&O) policy, or a primary policy plus follow-form excess.

The short answer

  • $3M means your Professional Liability (E&O) pays up to $3M per claim and in total per policy year for coding mistakes. Large health plans and hospital systems often ask for it, usually next to Cyber.
  • It is usually built as one $3M primary policy, or a $1M or $2M primary plus a follow-form excess layer. Confirm with the client that primary plus excess meets the clause.
  • $3M is rarely available online and is usually placed through a broker. Morrow can help you find it.

What does a $3M requirement mean for medical coding companies?

Professional Liability (E&O, short for Errors and Omissions) covers claims that a mistake in your work cost a client money. For coding companies, that usually means wrong or missed codes. A health plan agreement might say:

Illustrative contract wording

Vendor shall maintain Professional Liability (Errors and Omissions) insurance covering its risk adjustment and coding validation services, with limits of not less than $3,000,000 each claim and $3,000,000 annual aggregate. Limits may be met by a primary policy plus follow-form excess insurance. Claims-made coverage shall be maintained for three (3) years after the Agreement ends. Vendor shall also carry Cyber Liability insurance.

Illustrative example only. Your contract controls.

  • Each claim and aggregate: $3M for one claim, and for all claims in a policy year. See limits explained.
  • Claims-made: the policy covers claims made while it is active, for work done after the retroactive date (the earliest work date it covers).
  • Three years after: renew every layer for that period, or buy a tail coverage (extra time to report claims after a policy ends).
  • Cyber is usually a separate policy. Cyber Liability covers data breaches and system failures. Your Professional Liability limit does not count toward it, so check that the two do not share one limit.

Who asks medical coding companies for $3M?

Many coding companies are asked for $1M or $2M. $2M often appears in standard hospital and group vendor contracts. $3M tends to appear when your coding drives much of one client's payments:

  • Health plans hiring coders for risk adjustment (scoring patient health to set plan payments) chart reviews, where codes affect what the plan is paid.
  • Large hospital systems outsourcing inpatient coding, where codes set what each stay pays.
  • Revenue cycle companies passing their limit down to you.
  • Master service agreements covering many hospitals.

How is $3M built?

A primary policy pays first. An excess policy pays only after the primary limit is used up. "$1M xs $2M" means $1M above the first $2M. Compared with $2M, $3M adds $1M, through a larger primary or one excess layer.

Example A: single policy

Primary policy$3M / $3M
Total: $3M each claim / $3M aggregate

Example B: primary plus excess

Excess layer$1M xs $2M
Primary policy$2M / $2M
Total: $3M each claim / $3M aggregate
Block height shows limit size.

The excess should follow form, meaning it uses the primary's terms. Every layer should share the same retroactive date and policy period. A commercial umbrella almost never covers Professional Liability, so it will not fill the gap.

Coding companies often look at Miscellaneous Professional Liability, a form for service firms. Firms selling coding software may need Technology E&O instead (see Technology vs. Miscellaneous E&O). Clinicians who treat patients need medical malpractice, not this.

Good to know

Read how the primary treats audits. Many policies exclude fines, penalties and returned fees. Some cap audit costs with a sublimit (a smaller limit). Many also pay defense costs inside the limit.

What will underwriters ask for?

Underwriters (the insurer's reviewers) usually ask for:

  • Revenue by service: inpatient, outpatient, professional fee and risk adjustment.
  • Whether codes go straight to the payer or the client reviews them first.
  • Coder credentials and quality review results.
  • Use of AI coding tools, and who checks them.
  • Offshore or subcontracted coders.
  • The contract, any accuracy promise or refund clause in it, five years of loss runs (a report of past claims) and your current policy.

What affects the cost?

  • Service mix. Risk adjustment and inpatient coding may cost more to insure than professional fee coding, since errors affect larger payments.
  • How the $3M is built. The primary layer usually costs the most per $1M.
  • Controls and claims. Strong quality review may help. Past claims may raise it.
  • Retention. A retention is what you pay on each claim before the policy pays, like a deductible. A higher one usually lowers premium.

Frequently asked questions

What kind of claim could reach $3M for a medical coding company?

Two hypotheticals. Your coders add risk adjustment diagnoses the records do not support. An audit forces the health plan to return payments, and the plan blames you. Or a misread guideline leads to higher-paying inpatient codes for months, and the hospital claims the payer refunds from you. Both assume honest errors. Knowing or intentional conduct and government fraud matters are often excluded or sublimited.

I carry $1M or $2M today. How do I get to $3M as a medical coding company?

Request new quotes through Morrow for a $3M primary policy or a primary plus excess. Morrow can ask to keep your retroactive date and prior acts coverage (cover for work done before the new policy starts) where the market allows. Report any known incident to your current carrier before switching.

Can the health plan be added as an additional insured on my Professional Liability?

Usually not. An additional insured is someone added to your policy so it can also protect them. Some carriers may offer a narrow version tied to your services. Many clients accept a certificate of insurance (a one-page proof of your coverage) that lists each layer, but some ask for more. A certificate only shows coverage exists. It does not extend it.

Is $2M enough if my contract says $3M Professional Liability as a medical coding company?

Usually not, unless the contract allows primary plus follow-form excess to reach $3M. Confirm with the client that your structure meets the clause. Morrow can review the clause and your policy and request quotes.

Looking for $3M in Professional Liability? Morrow can help.

Send us the contract's insurance requirement and your current policy. Morrow can review both and request quotes for a $3M primary policy or a primary and excess structure, keeping your retroactive date 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.