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Reducing Legal Risks in Retirement

Retirement. The word conjures up an image of relaxation and a leisurely lifestyle. But for many healthcare professionals, the picture is one of a life nearly as busy as when they were working full-time. Many retirees choose to volunteer – whether responding to disasters, working at a pop-up clinic in an underserved area, answering questions for community members, or other activities.

When engaging in these types of post-retirement activities, healthcare professionals can easily forget that they still need legal protection for their actions. However, if you have a healthcare license, you need both professional liability and license protection insurance coverage. This also applies if you are working part-time or per diem – for example, teaching a course or two at a local community college as you transition to retirement. It also applies if you are asked to provide a deposition as a witness – even if you did not provide direct patient care.
 

Liability and License Protection Coverage

Professional liability insurance is essential for protection in the event you are accused of malpractice. Even those who consistently follow best practices can make a mistake that results in patient harm or find themselves named in a lawsuit. Even if you are ultimately cleared of liability, you may still incur legal fees – professional liability insurance can help cover those costs.

There are two types of liability insurance coverage: occurrence and claims-made.
  • Occurrence policies are often preferred because they provide broader protection. If the incident occurred while the policy was active, coverage applies even if the policy has expired or been canceled.
  • Claims-made policies only provide coverage if both the incident and the claim occur while the policy is active.
License protection coverage is also critical, as it helps provide resources to defend against actions related to a state licensing board investigation. For example, if a complaint arises from something posted on social media, license protection coverage can help pay for legal representation during the investigation.

Healthcare professionals should understand that disciplinary action in one state may lead to action in other states where they hold a license – known as reciprocal enforcement. Additionally, some jurisdictions issue licenses that remain active for life, meaning professionals could face discipline even if they are no longer actively practicing. Regulatory actions may also come from agencies beyond the licensing board, such as a state health department. These risks make appropriate insurance coverage essential.
 

Weighing Options

Some states offer different license types depending on practice status. For example:
  • A volunteer license may allow practice without compensation (e.g., volunteering at a community clinic), while still requiring background checks.
  • Inactive status means the individual cannot practice healthcare in any capacity.
Check with your state licensing board to understand available options.

As your level of involvement changes, ensure you have the appropriate education and credentials to perform your activities. It’s also wise to review your licensure status and insurance coverage with your insurer to confirm that you have adequate protection and are taking advantage of any applicable discounts (HPSO offers a discounted rate of up to 50% for providers who are retired or taking a leave of absence).
 

Cutting Ties

At some point, you may decide to stop providing healthcare services entirely and choose not to renew your license. In that case, notify your licensing board and complete the required process (which may include forms and fees) to move to inactive status. This step is preferable to simply letting your license lapse, as it makes future reactivation easier if your situation changes.

If you carry a claims-made policy, you will also need to obtain tail coverage, which protects you against legal actions related to incidents that occurred before you stopped practicing.
 

Peace of Mind

Retirement should reduce stress – not increase it. If you maintain your license after retiring, be sure to continue liability and license protection coverage to reduce the financial and emotional impact of potential legal issues. With that peace of mind, you can fully enjoy your retirement.
 

Getting Ready to Retire: Checklist for Healthcare Professionals


Licensure and Certification

Legal

Financial

Personal and Lifestyle Considerations


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This publication is intended to inform Affinity Insurance Services, Inc., customers of potential liability in their practice. This information is provided for general informational purposes only and is not intended to provide individualized guidance. All descriptions, summaries or highlights of coverage are for general informational purposes only and do not amend, alter or modify the actual terms or conditions of any insurance policy. Coverage is governed only by the terms and conditions of the relevant policy. Any references to non-Aon, AIS, NSO, HPSO websites are provided solely for convenience, and Aon, AIS, NSO and HPSO disclaims any responsibility with respect to such websites. This information is not intended to offer legal advice or to establish appropriate or acceptable standards of professional conduct. Readers should consult with a lawyer if they have specific concerns. Neither Affinity Insurance Services, Inc., HPSO, nor CNA assumes any liability for how this information is applied in practice or for the accuracy of this information.

Healthcare Providers Service Organization is a registered trade name of Affinity Insurance Services, Inc., a licensed producer in all states (TX 13695); (AR 100106022); in CA, MN, AIS Affinity Insurance Agency, Inc. (CA 0795465); in OK, AIS Affinity Insurance Services, Inc.; in CA, Aon Affinity Insurance Services, Inc., (CA 0G94493), Aon Direct Insurance Administrators and Berkely Insurance Agency and in NY, AIS Affinity Insurance Agency.

Healthcare Providers Service Organization

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Fort Washington, PA 19034

Individuals: 1-800-982-9491
Email: [email protected]​

Businesses: 1-215-660-0241
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