Do we need Medical Malpractice if we're a software-only product?

Usually no — but as soon as a clinician uses your platform to influence a treatment decision, hospital procurement teams will ask for it.

Is HIPAA coverage a separate policy?

No. HIPAA exposure is covered under Cyber/Tech E&O when the policy explicitly includes regulatory investigation defense and HHS fines where insurable.

Industry Deep-Dive · 9 min read

Insurance for Healthtech Companies: HIPAA, PHI, and Customer Indemnification

Healthtech sits at the intersection of HIPAA-regulated data and customer indemnification — two of the highest-value insurance triggers in the startup world.

Coverage stack

Cyber + Tech E&O combined, with explicit HIPAA / regulatory coverage. Medical Malpractice or allied healthcare professional liability where clinical workflow is involved. D&O sized to investor + board composition. EPLI as headcount scales.

BAA + indemnification

Hospital and payer customers will require a Business Associate Agreement and meaningful indemnification. Insurance limits + carrier financial strength get scrutinized in healthcare procurement more than almost any other sector.