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Professional Liability Insurance for Telemental Health Providers

How necessary is professional liability insurance? What if I own my own business? If there is a breach of client data, am I covered? 

To answer these questions and more, we asked for help from CPH and Associates, a professional liability insurance agency specialized in the mental health field since 2001. Below, CPH shares some common questions they hear from their insureds in relation to malpractice insurance and telehealth specifically.

To CPH and Associates:

Why not be self-insured or simply not insured?

Over the course of a career, most therapists will experience this “What should I do?” moment. Even the most ethical practitioner can make mistakes and find themselves in a difficult dilemma in client treatment.  Professional liability insurance is there to protect the clinician and to provide peace of mind in the unfortunate event that a complaint or lawsuit is filed.  Defending yourself can not only be damaging to your career and reputation, but also financially crippling. The low one-time annual payment for professional liability insurance ensures that you will be protected and will receive the necessary help in your time of need.  

What are common claims scenarios?

While subpoenas/depositions are a common occurrence, especially in custody disputes, providers may find themselves also named in a board complaint or lawsuit. Dual relationships, unprofessional conduct and failure to disclose information are common examples of claims that trigger coverage under a professional liability policy.  

What are CPH’s professional liability coverage options and highlights?

Limits of coverage are offered at $1,000,000 per occurrence/$3 million aggregate or $1,000,000 per occurrence/$5 million. 

Coverage highlights include:

  • Occurrence form lifetime coverage
  • State Licensing Board Defense Coverage
  • Unlimited Defense Coverage 
  • Optional General Liability, Business Personal Property and Cyber Liability

What is the difference between coverage for someone individually and their business?

Self-employed providers and W-2 employees who do NOT own an LLC or corporation are insured on an individual basis. Should a provider also own a legal entity (LLC, PLLC, S-corp), a corporate policy protects them individually, as well as their business entity. In the event of a claim, the individual provider can be sued, but so can their business entity. It is important to insure both! 

How are telehealth services covered?

Telehealth services have become a common extension of many providers’ practices, and there are a couple of nuances to keep in mind when assuring you are protected in the event of a claim. The CPH policy will cover telehealth services, if you are providing services legally within the scope of your state license. Should you provide telehealth services to a client residing in another state, confirm with your licensing board and the licensing board in your client’s state that both permit you to provide such services. 

Is there coverage for providing services internationally?

In short, the CPH policy will only cover claims that arise in the US court system. Should you have a client residing in another country for a time, confirm with your state licensing board that you can provide telehealth services in that country. Keep in mind, should the international client sue or file a board complaint, it must be done so in the US court system and services must have been provided legally.  

What are reasons a clinician would not be covered? 

The most common reasons for a denial in coverage is providing services outside the scope of your licensure, intentional acts or illegal/criminal activity. 

What is cyber liability coverage?

With Cyber attacks becoming more prevalent, it is essential to understand the risk and protect yourself. Cyber liability is protection against a data breach of your client’s information. Coverage highlights include:

  • Security Event Costs: Reimbursement for costs that are a result of Security Breach, Privacy Breach or breach of privacy regulations
  • Network Security and Privacy Liability Coverage: Coverage for damages you are legally obligated to pay as a result of a security breach or privacy breach
  • Customer Notification Expense Sublimit: Expenses to notify customers of actual or suspected breach to their non-public information
  • Public Relationship Expenses: Expenses to re-establish your reputation or public image that was damaged as a result of a breach

Cyber liability coverage can be added to an existing CPH professional liability policy.  

What are the consultation options with a lawyer?  What resources/documents/white papers does CPH and associates offer on how to stay out of hot water?

CPH & Associates offers an “Attorney Helpline” for our insureds that have questions regarding ethical dilemmas they may encounter with a client. This benefit allows for up to two hours per policy term for our insureds to speak with a malpractice attorney.  In the event that a lawsuit or complaint is filed, the insurance carrier would provide an attorney in your state to help defend you throughout the entire process. We also have our Avoiding Liability Bulletin published on our website. The bulletin is written by malpractice attorneys and insurance professionals regarding topics in the mental health field.  

Get a quote and apply!

CPH & Associates is a professional liability insurance agency specialized in the mental health field since 2001.  What separates us from our competitors is our efficiency and commitment to customer service. Our online application and customer portal allow our clients to receive coverage instantly and make changes in real time.  And, if our clients ever have questions, our call center is staffed with licensed agents that are happy to help.

 If you have questions, please don’t hesitate to visit our website at www.cphins.com. We’re always a phone call or email away! 

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Course was very informative!
David Hopkins
MS, LPC / Thriveworks Woodstock
Informative and brief
Tracy Gilbert
Well designed. informative, comprehensive program broken down into manageable segments.
Dawn M. Miskus
Licensed Clinical Professional Counselor (LCPC) / Conscious Counseling & Coaching, Ltd.
This course offered a great overview of TeleMental Health and the important considerations that should be addressed when establishing an online practice.
Helen Geris
Registered Psychotherapist
Wonderful and approachable presenter, great information!
Sabrina Eads
I have completed the course requirements. Thank you a great program of videos and information.
Linda Lovisi-Dwyer
LCSW-R / Linda Lovisi-Dwyer, LCSW-R
Good introduction
Sylvia D. Jessup, MBA, MA
Owner / Sylvia Jessup Counseling Services PLLC
Very clear emergency planning laid out in this course, Helpful for many situation and settings.
Jane Schindler
The course was detailed.
Kelly Villarreal
MFT / Alan Behrman & Associates
EXCELLENT PRESENTATION
DAVID F. CIAMPI, Ph.D., LMHC.
Really chuck full of information and very helpful
Carolyn Spencer
social work
Great course!
Lashonda Jones
Ray's program is engaging and informative. I'm excited to extend my professional reach online.
Pamela Madsen
LAPC / Empower Counseling Center, LLC

Very informative session.

Valrey Richards-Lucas

Video was good, a little slow

Jessica Walraven

This is great material!

Erika T Johnson

Very Informative!!!!

DALAYNA MILLER

Really good training so far!

Erika T Johnson
LAC

Excellent information, extremely generous resources and so well paced. I am really grateful.

Carolyn Spencer
LCSW / Carolyn Spencer

Very thorough and informative

DALAYNA MILLER

This program is very informative and easy to use.

Gania Bruno Harrold
LCSW / IN THERAPY WE TRUST

Love the convenience and easy-to-understand information in this course.

Natalia Gourlay-Fernandez
LAMFT / Rock Springs Positive Coaching, Caring, and Counseling

Very informative. Help give an overview of tele therapy and starting an online practice.

Meg Maginn
L.C.S.W Private Practice / Eating Disorder Associates

The course was easy to follow and provided a lot of valuable insight into the benefits and limitations to teletherapy.

Katie-Ann Magnuson
Mental Heath Therapist / Kwenyan Professional Health Services

Wonderfully compact and rich in information, many areas i had not even considered!

VIRGINIA PROVENCHER
therapist / private practice
Very informative and guiding in educating all that you need to grasp to be properly compliant and aware.
Dena Damaskinos
A great overview for telehealth, including state to state
Susan Cortilet Jones
Integrative Lifeskills Coach

Great presentation!

Cristina Lazaro-Garcia
Mental Health Clinician, APC / CETPA, View Point Health
Oustanding presentation!!!
Michelle Collins

Helpful and inviting information to get started. Feel empowered to get this going and eager to start!

Dena Damaskinos

Well presented, easy to access and understand.

Sedonia Perrier
CEO / Steelhead LLC

This was very informative.

Wendy Pazdur
Substance Abuse Counselor / Transformation therapy
This course was full of detailed information, that I will utilize in my practice. I highly recommend this training to all interested in adding to their existing practice or transitioning to Telehealth Services.
Utopia Session
Class was informative.
Kimberly Horrell
This course was short yet informative.
Annette Cornish
Therapist / Dust 2 Destiny Counseling & Wellness
Great training!
Jacqueline Hayes, M.Ed., LPC, LMHP
Professional Counselor 4 / State of LA
Ray was a wonderful, interactive instructor who really captured the heart of counseling in the world of Telehealth. The course was thorough and beneficial. Two thumbs up!
Rachel Morales
Licensed Professional Counselor
Ray does a spectacular job presenting the ethics in technology! Thank you!
Elaine Marie Barclay
Licensed Professional Counselor/ Assistant Professor / Shorter University/ Capella University
Very beneficial and useful to the direction i am moving of providing therapy
Linda Marie Margosian, MS, NCC, LMHC
I thought the video was very informative and gave me a good back ground on Telehealth , hippa laws and things I needed to know to run an ethical and hippa complent practice .
Meg Maginn
Director /private practitioner / Eating Disorder Associates

I believe this is a good course to take because this is the new wave of society. As a therapist I would like to be able to offer clients the best tools available.

Wihletta Michelle Davis MA, LPC
Therapist / Find the Miracle Within...

Thank you for the introduction to telemental health.

Michele Frances Purvin
Psychotherapist / Michele Frances Purvin, LCSW, LCDC

Very good.

Franklin Castillo

Really excellent training full of valuable information and resources - surpassed my expectations!

Dori Ryherd
Therapist / The Cognitive Refinery

Great information with step by step instructions

Donna Tucker
Addiction Counselor / Spectrum Health

What a superb introduction to telemental health, well organized and packed with useful tips. I so appreciate this. Thank you.

Ann P Cahouet
Owner - Clinician / Equine Assisted Solutions LLC

Awesome job! This is a very insightful presentation.

ZUNILDA CHAUDRY
Licensed Therapist, LPC / Seasons of Change Behavioral Health Services, Inc
Ray is down-to-earth, warm, pragmatic and exceptionally well-informed.
G. Reid Doster, LPC, LMFT
Director of Behavioral Health, EXCELth Inc.Primary Health Network & Private Practice Psychotherapist / www.excelth.com

An excellent course, but needs more legal information regarding where the patient needs to reside.

Barry Barmann
Clinical Psychologist / Behavior Therapy & Family Counseling Clinic
This legal course was phenomenal saturated with much detail and clarity!
Elaine Marie Barclay
Licensed Professional Counselor, Assistant Professor / Capella University and Shorter University
Great and very informative! Will help me take my skills to a new level. Gave me a great idea of how the session should go.
Jessica Latin
LPC / JL Counseling

Course provided several case scenarios regarding Interstate counseling and resource websites for further research.

Cowenda Jefferson
Clinical Director / Wise Life Choices LLC
Course provided additional information regarding the legal aspects of TeleMental Health.
Cowenda Jefferson
Clinical Director / Wise LIfe Choices LLC
I have completed prior training by Raymond and greatly appreciate his detailed and thorough trainings.
Dr Lynn Duffy, PsyD, LCPC, NCC, CCMHC, BCPCC, BC-TMH, Diplomate/CMH in Trauma
Director/Counselor/Mediator / Lighthouse Counseling & Consulting Services
This course was most helpful in helping me make my practice more compliant for me and my clients.
Marlene Small
Private Psychotherapist
This is the 4th TMH course I have taken with Ray and it is BY FAR the best TMH training out there. I've learned so much that I can use every day in my practice.
Dawn Ferrara
LPC-S, LMFT

Very Informative

Naomie Pierre
community clinician / nps
I loved this course. It was very informative and provide a great deal of information about ethics.
Tracey Marshall
Easy to learn and easy to follow. User friendly on-line course.
Kelly Johnson
Licensed Mental Health Therapist

Awesome

Melissa J Davis
LAPC- counselor
This was a phenomenal training and necessary for the continued growth of all helping professionals. This will certainly improve the manner in which I conduct counseling.
Elaine Marie Barclay
This training was extremely informative and supportive for professionals looking to gain further knowledge in Telemental health.
Marcy Abramsky
LCSW / Marcy Abramsky LCSW, InspireAmind TM Counseling and Consulting
I found this video to be very informative and helpful.
Michelle Parker
Contract Therapist

Great course, very informative!

Ashley Simmons
BCBA / Northstar Psychological Services

Love the course, worth every penny!!! Definitely helped jump start my Tele-mental health services!

Nakia Clark
Owner/ Therapist / Insightfullly You, LLC

This gave me and my staff some important insights and information regarding telehealth..

Larry Cowan
Executive Director / Samaritan Counseling and Growth

This course was easy and user friendly

Vanessa Reiser
Social Worker / JBFCS

I learned a great deal from this program and look forward to implementing telemental health in my therapy practice.

Michelle Hitchcock
Therapist

It was fantastic! Just the forms he provides are worth the cost of the course!

Mark Wagemaker, LPC, NCC, DCC, CPCS
Counselor, Clinical Supervisor / Transitions Counseling

This was an excellent class and worth my time.  Ray provided great information and is clearly an expert in TMH!

Jennifer Stuckert
Director / Restoration Counselor of Atlanta, LLC

I found these courses informative and helpful. They make establishing best practices policies and procedures for telemental health services and supervising those who provide them. so much easier. I highly recommend his courses.

Nena Rybarczyk, MA, EMBA, LPC, NCC, CPCS
Counselor / Strategies for Life Counseling, LLC

Ray's workshop was one of the most informative I have taken in years. He brought clarity to took a topic which has been intimidating and I left feeling empowered!

TRUDY POST SPRUNK, LMFT-S LPC CPCS RPT-S CPT-S EMD
Clinical Supervisor and Play Therapist / Georgia Association for Play Therapy