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Applied Behavior Analysis Malpractice Insurance

At ISU-The Olson Duncan Agency, we are equipped to help you manage and mitigate specific risks unique to the field of Applied Behavior Analysis (ABA). We understand ABA providers are faced with numerous exposures. In-home client services put you and your staff in an uncontrolled environment, which can present difficulties and potential insurance claims. We provide cost-effective coverage options and free risk management services to help with any concerns over the course of business, including:

  • Non-owned vehicle risk control plan
  • Sexual misconduct guidelines and procedures
  • Employee safety, wellness, and injury prevention tips
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What coverage does an ABA provider need?

Other coverages to consider:

  • Employment Practices Liability – Insurance that covers wrongful acts arising from the employment process. Common liability claims include but are not limited to: wrongful termination, wrongful demotion, various types of harassment, retaliation, and discrimination. If you have employees, the event of an EPLI claim is much more likely than a general or professional liability claim. EPLI policies typically come with an online portal or a labor attorney hotline so you can ask questions related to employment practices or a potential claim.
  • Cyber Liability – Covers claims from cyber-attacks such as ransomware, social engineering, and other phishing schemes. ABA providers are also required to be HIPAA-compliant, so their cyber coverage should address this. Cyber liability should also have a first-party data breach component that covers the costs to restore corrupted files and notify clients potentially affected by a breach.
  • Crime – Addresses the most common threats to organizations, including claims due to employee dishonesty, credit card forgery, computer fraud and theft, and the disappearance or destruction of property.

Personal Experience

When a close family member was diagnosed with Autism Spectrum Disorder (ASD) three years ago, I knew our life would change dramatically. We started to look for ways that we could best support them given the new diagnosis. It became clear to us that ABA Therapy was a key component to providing this support. Since starting that journey three years ago, we have seen first-hand the benefits of ABA Therapy and what it can do for patients with autism spectrum disorders. During this time, I have witnessed how ABA Therapy works on a clinical level, but also observed several risk factors associated with the daily operation of the business. Our agency was given the opportunity to review the insurance for multiple ABA providers, whose sizes varied from no employees to several hundred employees. Despite having numerous exposures and specific needs, we have found that the ABA industry is both underserved and underinsured. It has become our goal to change that.

Daniel Whallon, CLCS
ISU Insurance Services- The Olson Duncan Agency
Online articles and resources related to ABA:

Our agency is committed to ABA Therapy Providers, and to that end, we want to provide you with an additional resource to help you with everything related to the administration and operation of your ABA business. Kim Finger and her team at ABA Building Blocks have an extensive background in the field of ABA and provide multiple services specific to ABA businesses, including HR, coaching, billing, and more. We encourage you to visit the ABA Building Blocks website and contact Kim directly for more information. They have helped many behavior therapist professionals achieve their goals.

ABA Building Blocks- https://ababuildingblocks.com/

Kim Finger, Ph.D.
Chief Executive Officer
Phone- 833-4ABABiz
Email- kim@ababuildingblocks.com

Professional liability

Sometimes called Allied Healthcare Professional Liability Insurance, this provides claim coverage for professional acts, errors, and omissions. ABA professional liability insurance pertains to accidental, negligent acts of an ABA company that arise out of their professional practice. Professional liability insurance also includes your legal defense costs for a covered incident along with the policy limits written in the contract. A licensed behavior therapist, or Board-Certified Behavior Analyst, is required to carry a BCBA professional liability insurance policy since BCBAs are the certified professionals of the behavioral analysis field. Employers may also submit proof that the board-certified behavior therapist is covered under the company’s policy limits.

The majority of ABA providers are reimbursed by health insurance companies. The credentialing process with medical providers starts with purchasing and providing proof of professional liability insurance.
It is important to note that there are many other important coverages available to behavioral therapy companies besides just professional liability insurance for behavior therapists.

General liability

It is important that companies providing applied behavioral analysis are covered for general liability. This policy provides coverage for accidental property damage or bodily injury of others for which you are negligent. Behavioral analysis takes place in multiple settings, including school, the home, at a center, or out in the community. All general liability coverage purchased should apply wherever services are being provided. Any policy that limits coverage for in-home providers should be avoided. Even if you are providing center-based behavioral therapy, there is the possibility of temporarily leaving the center setting.

Auto

Non-owned auto liability protects ABA providers from lawsuits developing from employees driving their own vehicles during work hours. This coverage is secondary to the employee’s personal auto insurance. This policy is vital for ABA providers due to the amount of job-related driving done by employees, particularly for in-home client settings.

Abuse/molestation

Working with children is common in the field of ABA, so we recommend coverage in the event of alleged sexual abuse or misconduct involving a patient. Defense and indemnification for both the entity and individual employee named in a lawsuit should be written into the policy limits.

Workers' compensation

Workers’ compensation requirements vary by state. This policy is for professionals who become sick or injured within the course of employment. We encourage employers to access their state’s website for information about when it is required. Providers may need to carry this to satisfy a contract requirement, even if it isn’t required by state law.

Our Value

At Olson Duncan Insurance, we look to provide clients with a total solution, not simply a quote or an insurance contract. Our goal is to provide real value and build a long-term relationship based on trust. We would love to get to know you and answer any questions. To find out more about how we can help you, or if you would like a quote, please call our team at (310) 373-6441.