Medical Professional Liability Insurance
The People's Insurance Counsel Division provides this guide to help Maryland medical professionals understand their rights and options regarding medical professional liability insurance. This information will help you make informed decisions about protecting your practice, understand the claims process, and know where to turn if you have problems with your insurance company.
About Insurance Regulation
The Maryland Insurance Administration (MIA) regulates all insurance companies and their representatives in Maryland, including the Medical Mutual Liability Insurance Society of Maryland. The Insurance Commissioner enforces laws passed by the Maryland General Assembly.
What insurance companies must do:
- File their rates and policy forms with the MIA
- Follow laws about claim settlements
- Follow laws about non-renewal or cancellation of policies
- Set insurance premiums, including deductibles, in compliance with Maryland laws
- Not discriminate unlawfully when deciding to accept, renew, or cancel policies
If you have a problem with your insurance company:
- You can file a complaint with the MIA
- An investigator will check if insurance laws were violated
- If no violation is found, you may request an administrative hearing
View relevant insurance laws - PDF - 9.76 MB
Important Medical Professional Liability Insurance Information
Requirements for Medical Professionals
- No mandatory insurance requirement: Maryland's licensing laws for physicians, physician assistants, nurses and other medical professionals do not require the purchase of medical professional liability insurance
- Insurance companies not required to issue policies: Companies apply their underwriting rules to each applicant to determine eligibility
- Eligibility reviews: Insurance companies review eligibility before offering renewal policies
Regulation of Medical Professional Liability Insurance
- MIA regulates: Maryland law requires the MIA to review and approve policy forms, rating rules, and rates
- Financial monitoring: The MIA conducts financial reviews and examinations of all insurance companies doing business in the state
- Rate regulation: Filings must comply with Maryland laws stating that rates may not be excessive, inadequate, or unfairly discriminatory
- Required review: The MIA reviews all medical professional liability filings before they can go into effect.
- People's Insurance Counsel Division review: PICD reviews medical professional liability filings and is authorized to use actuary consultants to evaluate the proposed changes.
Finding Insurance Providers
- Comparison Guide available: The MIA publishes a "Comparison Guide to Maryland Medical Professional Liability Insurance Rates - PDF - 198.59 KB"
Policy Features and Requirements
- Required deductible options: Maryland law requires insurers to offer policies with deductibles of $25,000, $50,000, and $100,000
- Rate increase notifications: Insurers must notify each policyholder in writing about proposed rate increases, hearing options, and appeal rights
- Cancellation notice requirements:
- At least 45 days written notice before cancellation date or dated that the current policy expires or non-renewal
- At least 10 days written notice for cancellation date due to failure to pay premium
Filing a Complaint
MIA investigation
- The MIA will investigate complaints against an insurance company or producer (agent) to determine whether Maryland law has been violated
- How to file:
- Online: Visit the MIA website and click "File a Complaint"
- By mail: Print a complaint form from the MIA website and mail to: Maryland Insurance Administration
Property and Casualty Complaint Unit
200 St. Paul Place
Baltimore, MD 21202
- About the process:
- Include all relevant documents when submitting your complaint
- The process typically takes several weeks
- Complex matters may take longer
- MIA will determine if insurance laws were violated
People's Insurance Counsel Division Support
- The Division cannot provide legal representation for individual medical professionals.
- The Division can discuss your matter, answer questions about the complaint process and explain the administrative hearing process you may request if there is an unfavorable decision.
View a full explanation of the administrative hearing process
Medical Malpractice Liability Frequently Asked Questions
No, Maryland's licensing laws do not mandate the purchase of medical professional liability insurance.
No, insurers apply underwriting rules to determine eligibility. If an applicant doesn't meet criteria, a policy won't be issued, and eligibility is also reviewed at the time of renewal.
Yes, Maryland law requires the Maryland Insurance Administration (MIA) to review and approve policy forms, rates, and rules for all insurers. MIA also conducts financial reviews and allows policyholder complaints to be filed. (See Question 9 for details.)
The Maryland Insurance Administration (MIA) provides a "Comparison Guide to Maryland Medical Professional Liability Insurance Rates," available on their website. The guide includes a list of insurers and contact information. Visit https://insurance.maryland.gov and use the "Consumer" tab to find the "Medical Liability" section and click on "Comparison Guide."
Yes, Medical professional liability insurers that file proposed rate increases with MIA must notify each policyholder in writing that a proposed rate increase has been submitted to the MIA, that a hearing can be requested on the rate increase, and that the Insurance Commissioner's order or refusal to hold a hearing can be appealed to court.
Yes, MIA must review and approve the medical professional liability filings before they can go into effect. PICD reviews these filings and is authorized to use actuarial consultants to evaluate the proposed changes. These filings must comply with Maryland laws on rate filings stating that rates may not be excessive, inadequate, or unfairly discriminatory.
Insurers must offer policies with deductibles of $25,000, $50,000, and $100,000.
Policyholders must be notified in writing at least 45 days before cancellation or non-renewal. If the cancellation is due to non-payment, the notice period is 10 days.
If you're unhappy with an insurance company's actions, the Maryland Insurance Administration (MIA) can investigate to see if Maryland law was violated. To file a complaint, submit the relevant documents to the MIA. You can:
- File an online complaint at https://insurance.maryland.gov/Pages/default.aspx (use "File a Complaint" on the homepage) and mail supporting documents to:
- Maryland Insurance Administration Property and Casualty Complaint Unit, 200 St. Paul Place Baltimore, MD 21202 Print a complaint form from the MIA website (https://insurance.maryland.gov/Pages/default.aspx)
Once your complaint is received, MIA will assign an investigator. The process may take several weeks, with complex issues requiring more time. MIA will review all evidence to determine if insurance laws were violated.
The PICD cannot offer legal representation for individual policyholders but can discuss the complaint process and administrative hearings. For more information on hearings, visit PICD's page on administrative hearings.