Professional Liability Insurance for South Carolina Home Care Agencies
Professional liability is the coverage that responds when someone questions the quality of the care: an error, an oversight, a medical incident. General liability handles the other kind of claim, an accident or property damage in the home. The two are different claims written on different policies. Agencies that treat them as one may discover the gap only after a claim arrives. That applies to non-medical agencies too: personal care and companion work can still draw a claim that the care fell short.
Under Regulation 60-122, South Carolina licenses personal care, companion, and homemaker services, not just skilled nursing. That puts more franchise and independent home care agencies under a defined standard of care, and a family who believes that standard was not met may bring a claim. To be licensed, an agency must show liability insurance of at least $100,000 per occurrence and $300,000 aggregate, or a surety bond in its place. A policy on file is not the same as protection. In home care, the difference between them is where agencies take losses.
What the Policy Responds To
This coverage applies when your agency is accused of getting the care wrong. A medication reminder is missed and the client ends up hospitalized. A care plan is not followed. An infection or wound goes unnoticed too long. A family says supervision was inadequate.
Professional and general liability belong together, and we recommend placing both with one carrier. Every program we build is written that way, because it can help remove the gap between them.
Exclusions Worth Checking
- Absolute communicable disease exclusions. With this exclusion, no communicable disease a caregiver could carry into a client's home is covered. The list includes, but is not limited to, coronaviruses, rhinovirus, influenza and colds, HIV, tuberculosis (TB), salmonella and E. coli, and ringworm.
- Abuse and molestation allegations. Often written at a lower sub-limit. A confused client or a family conflict can produce an allegation, and the cost of defending it could be devastating.
- 1099 and independent contractors. Treating caregivers as contractors could create large financial liabilities, gaps in coverage, and penalties severe enough to threaten the business. See our resource section for compliance guidance.
These are not hypotheticals. They are the details we review every day. When we build a South Carolina professional liability program, we explain the exclusions to you in plain English before you commit.
New and Expanding South Carolina Agencies
Every South Carolina in-home care agency, including non-medical ones, needs a state license before serving its first client. If you are licensing a new agency, we can structure coverage that meets your needs today without overbuying before your client list grows. If you are established and expanding, we will review your current program. Clients regularly find holes in what they thought was complete coverage. Request a quote or send your policy for a no-obligation review.
Frequently Asked Questions
Could my professional liability policy exclude illnesses like the flu?
It could, if it carries an absolute communicable disease exclusion. That exclusion removes coverage for any communicable disease transmitted in a client's home, including influenza, colds, coronaviruses, and tuberculosis. If a client accuses your agency of making them sick, there would be no coverage and no defense coverage. You would pay an attorney $300 to $600 an hour out of your own business, even if you win. Our quote covers this.
Do I need both professional and general liability?
Yes. Professional liability answers when the care is questioned. General liability answers when your operations cause an injury or property damage. They are two separate claims, and we write both with one carrier to help avoid gaps between them.
Are abuse allegations covered?
It depends on your policy and on who placed it. Many standard forms sub-limit abuse and molestation coverage well below the main limit. Since allegations may come from a confused client or a family dispute, we address this coverage up front.