Core coverages in this program
- •General Liability
- •Professional Liability (Medical Malpractice for skilled agencies)
- •Employee Dishonesty Bond / Janitorial-style Bond
- •Sexual Abuse & Molestation
- •Workers' Compensation (class code 8829 or 8835)
- •Cyber & HIPAA Liability
The core distinction: skilled medical vs. non-medical caregiving
Home health care is medical: services delivered under a physician's plan of care, typically Medicare-certified, involving RNs, LPNs, therapists, and home health aides performing clinical tasks. Home care (also called non-medical home care or personal care) is caregiving: bathing, dressing, meal prep, medication reminders, companionship, and homemaker services. Regulators, payors, and insurance carriers treat them as separate industries — and price them very differently.
Professional liability differences
A skilled home health agency needs a professional liability form that responds to clinical acts: wound care, catheter management, medication administration, and physician-ordered therapy. A non-medical home care agency needs a form that responds to caregiver acts: falls during transfer, missed medication reminders, and elopement supervision. Buying a generic 'home health' PL policy for a caregiving agency almost always exclues the actual exposure, and vice versa.
Workers' comp class code: 8829 vs. 8835
The single biggest premium mistake in this industry is the wrong workers' comp class code. NCCI 8829 (Convalescent or Nursing Home) and 8835 (Home Health Care – Professional) apply to skilled agencies. NCCI 8835 also frequently covers non-medical, but some states carve out a separate code for personal care aides. Miscoded policies get re-rated at audit, often producing five-figure additional premium bills.
- •8835 — Home Health Care Services (most common)
- •8829 — Convalescent or Nursing Home
- •0917 — Domestic Workers (in some states, for non-medical only)
- •State-specific personal care aide codes (CA, NY, FL)
Bonding: only non-medical agencies typically need it
Home care (non-medical) agencies almost universally carry a caregiver dishonesty bond to defend theft allegations from client homes. Home health (skilled) agencies less commonly buy a bond because the exposure is nurse professional liability, not theft. If you are advertising 'bonded and insured,' you almost certainly are a non-medical home care agency.
Which model are you? Quick self-check
Use this quick test:
- •Do you accept Medicare or Medicaid skilled-visit billing? → Home health
- •Do you employ RNs, LPNs, or therapists? → Home health
- •Do your caregivers perform only ADLs, homemaker, or companion services? → Home care
- •Are you licensed as a Home Care Organization (HCO) vs. a Home Health Agency (HHA)? — Different state licenses
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