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Telehealth FAQ

Does a telehealth company need malpractice insurance in every state it operates in?

A telehealth company does not usually buy a separate malpractice policy for each state, but the states its clinicians are licensed and practice in are a central underwriting factor. Telemedicine professional liability for a network is typically written at the entity level and rated to cover the practice across the states where care is delivered, so the program follows the footprint rather than requiring one policy per state.

What matters is disclosing that footprint accurately. Each state is a distinct malpractice environment, and some (for example those with plaintiff-favorable standards) raise both the claim frequency and the defense cost. Broad multistate operation widens the exposure and is priced accordingly, and expansion into new states should be reported at renewal so the coverage keeps pace with where clinicians are actually seeing patients.

Licensing itself is separate from insurance - clinicians must be licensed (or practicing under an applicable compact) in the state where the patient is located - but underwriters expect the credentialing process to confirm that, and a gap between where the network practices and where it is licensed is both a regulatory and a coverage problem.

Primary source

FSMB - Telemedicine Policies

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