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Home Healthcare

Protecting Your Home Health Agency: Essential Insurance Questions You Didn't Know to Ask

Seven questions every home health agency owner should be asking about workers comp, property claims, EPLI, cyber liability, E&O and non-owned auto.

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Seven questions every home health agency owner should be asking about workers comp, property claims, EPLI, cyber liability, E&O and non-owned auto.

A nurse checking on an elderly patient at home

Are you confident your home health care insurance is keeping pace with your business risks? In an industry experiencing explosive growth, the right protection is not just a good idea. It is a critical component of your agency's success.

The home health and in-home caregiver industry is on a massive upward trajectory, predicted to grow a staggering 54% by 2026. That is a far cry from the average growth of just 7% across all other industries. The expansion brings real opportunity, and it brings a distinct set of challenges and exposures with it.

Navigating the coverage needed to protect a home health agency can feel overwhelming. We have spent years helping agencies across the country find policies that match their actual needs, and along the way we have heard the same questions from owners both new and seasoned. Here are the answers to the ones that come up most.

1. How is the cost of my workers' compensation insurance determined?

Workers' compensation is a vital safety net for your employees, and it can be a major expense. Carriers evaluate three key factors to set your premium.

  • Job descriptions. The primary factor is the job classification code. For home health agencies this is typically 8835, Home Healthcare. That code signals a specific set of risks tied to your employees' daily tasks, including travel, lifting and in-home care.
  • Payroll size. Total payroll is a direct indicator of agency size and headcount. The larger the payroll, the more exposure the carrier assumes, which flows straight into the cost of the program.
  • Experience MOD. Your Experience Modification Rate, or EMR, compares your claims history against others in the same industry. A MOD of 1.0 is the industry average. Below 1.0 means a better-than-average safety record and can produce significant premium discounts. Above 1.0 signals higher claims risk and results in a surcharge. Keeping that number low is a strong incentive for a serious safety program.

2. What are the most common property claims in home healthcare organizations?

Your agency may not have a central office full of valuable equipment, but property risk still exists, and it can be significant.

  • Burglary and theft. Theft of office equipment such as laptops, tablets or medical devices. A bigger concern in home health is theft of medications, supplies, or sensitive client files stored or transported by employees.
  • Employee dishonesty. Beyond simple theft, this includes misuse or misappropriation of agency resources, from company credit cards to falsified time sheets. Subtle, costly, and it takes specific coverage.
  • Water damage. A burst pipe in the office or an appliance leak in a storage area leads to expensive repairs, equipment loss and business interruption. Mold remediation carries hidden costs of its own.
  • Wind and hail damage. In regions prone to severe weather this is a major risk, capable of costly damage to roofs, windows and the exterior of your building.

3. Do I need Employment Practices Liability (EPL) insurance?

Absolutely. In a high-turnover industry like home healthcare, EPLI is not a luxury, it is an essential shield. It protects the agency across a range of management decisions, including claims for:

  • Wrongful termination
  • Discrimination based on age, race, gender, disability and more
  • Sexual harassment
  • Failure to promote or hire
  • Retaliation

What many owners do not realize is that EPLI also protects against Third-Party Acts Liability. That matters in home health. It covers claims made by a third party, such as a client or a client's family member, against your agency for alleged discrimination or harassment by one of your employees. If a client accuses a caregiver of harassment, EPLI can help cover the legal defense costs.

4. Do I need cyber liability insurance?

Yes, more than ever. The growing reliance on technology in home healthcare, from electronic health records to scheduling software, means your agency holds sensitive data on clients and employees alike. That includes protected health information regulated by HIPAA, financial data, and personally identifiable information.

Cyber liability protects against the fallout of a breach. If your data is compromised, you may be responsible for:

  • Legal and regulatory fees. Defending a lawsuit and paying fines from bodies such as the Department of Health and Human Services.
  • Client notification and credit monitoring. Notifying everyone affected and providing identity theft protection.
  • Public relations and reputational damage. Managing your agency's image and rebuilding trust with clients and the community.

A data breach can be financially devastating. Cyber liability is a non-negotiable part of a modern home health agency's risk management strategy.

5. What other professional liability issues should I consider?

Professional liability, often called Errors and Omissions, is the bedrock of a home health agency's protection. To make sure yours is adequate, define and review these areas.

  • Scope of care. Is your agency focused on companion care, meaning light housekeeping, errands and companionship, or do you provide skilled nursing such as wound care, medication administration and physical therapy? Those are fundamentally different risk profiles, and the policy has to reflect the services you actually provide.
  • Included services. A comprehensive policy defines the specific services covered. Read that section carefully to confirm your full range of offerings is protected. Do not assume everything is covered by default.
  • Covered professionals. Understand who is covered. Does it include licensed doctors, registered nurses, nurse practitioners, certified nursing assistants or other licensed professionals? This varies significantly by carrier and by policy.

6. What type of auto insurance do I need?

Protecting an agency from auto risk takes a two-part approach, covering both owned and non-owned vehicles.

  • Owned vehicles. Any vehicle the agency owns should carry no less than $1 million in liability coverage. In a serious accident, medical bills and legal fees quickly exceed lower limits. Comprehensive and collision protection should be in place too.
  • Hired and non-owned vehicles. This is one of the most critical and most overlooked coverages in home health. It protects the agency when caregivers use personal vehicles for business, such as driving to a client's home or taking a client to an appointment. Without it, the agency can be held liable for a serious accident in a car it does not own.

7. What precautions can I take for employees driving their own vehicles?

Beyond carrying the right insurance, a proactive approach to driver safety saves agencies from costly claims and lawsuits.

  • Put hired and non-owned liability in place. This is the agency's primary protection. Make sure the limits are adequate to protect business assets.
  • Require personal auto insurance. Mandate that every employee driving a personal vehicle for work carries their own auto policy with limits of at least 100/300, meaning $100,000 per person and $300,000 per accident. That provides a layer of protection before the agency's coverage is reached.
  • Check driving records. Before hiring anyone who will drive, run their record through the National Driver Register or a similar service to screen for reckless driving or repeat violations.
  • Create a fleet-safety policy. Even without company-owned vehicles, a clear driver safety policy matters. Cover cell phone use, regular vehicle maintenance checks and accident reporting procedures. Telematics or GPS tracking in company vehicles, where applicable, helps monitor driving behavior and encourage safer habits.

Protecting Your Agency, One Question at a Time

The home health industry is full of rewards and full of complex risk. Property damage, cyber threats, professional liability and vehicle accidents all put something on the line. The good news is that with the right insurance partner you do not have to navigate it alone.

By asking these questions and working with an agency that understands your needs, you can build a program that genuinely protects your business, your employees and the clients you serve. Ready to review your coverage? Contact Wagley Agency Insurance Group for a personalized consultation, or request a home healthcare quote.

Read more about our home healthcare insurance program and workers compensation coverage.

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Frequently Asked Questions

The questions we field most often, answered the way we would answer them on the phone. If yours is not here, call (337) 345-4410 and ask.

What workers' comp class code applies to home health agencies?

Typically 8835, Home Healthcare. It reflects the risks in your employees' daily tasks, including travel, lifting and in-home care.

What is an Experience MOD and why does it matter?

Your Experience Modification Rate compares your claims history to others in the same industry. 1.0 is average, below 1.0 earns premium discounts, and above 1.0 brings a surcharge. It is a direct financial reward for a strong safety program.

Does EPLI cover claims made by clients, not just employees?

Yes, through Third-Party Acts Liability. If a client or a client's family member alleges discrimination or harassment by one of your employees, EPLI can help cover the legal defense costs.

How much auto liability should a home health agency carry?

No less than $1 million in liability on owned vehicles, plus comprehensive and collision. Hired and non-owned auto liability is essential wherever caregivers drive their own cars for agency business.

What limits should I require on employees' personal auto policies?

At least 100/300, meaning $100,000 per person and $300,000 per accident. That gives you a layer of protection before the agency's hired and non-owned coverage is reached.

What are the most common property claims for home health agencies?

Burglary and theft, employee dishonesty, water damage and wind and hail damage.

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