Malpractice? No, Asset Protection.

First off, I will always advocate for having a malpractice policy because I am a paranoid person. It is a good thing to have in most instances. But you also need to educate yourself on general asset protection. Malpractice is not 100%. No insurance policy is. Plain and simple.

Malpractice insurance companies are sneaky bastards. You better read that policy front and back. They put confusing legal verbiage in the policies to decrease the coverage they provide. THEY DO NOT WANT TO PAY SETTLEMENTS.

Insurance companies are for profit entities. Remember this.

You might find your self totally screwed one day because come to find out your policy doesn’t actually cover aesthetics. Or you didn’t have appropriate policies and procedures in place therefore you are not covered. Or you are actually practicing outside of your scope (per their definition and judgement) therefore you are not covered. Or your medical assistant made a fatal error. The list goes on…

Ensure you understand the policy. Have your lawyer read over it before you pull the trigger. And for heaven’s sake, make sure its an occurrence policy. A claims made policy holds the same value as toilet paper.

So what is a lowly nurse practitioner who is starting their own practice to do? Or what about the nurse practitioner who is coming into some serious money and really building up a successful practice?

ASSET PROTECTION. Let me say this clearly again. ASSET PROTECTION. You better learn and implement it.

A malpractice policy or just a basic general liability policy is not enough in our highly litigious times. You need to protect your assets.

When you get sued the plaintiffs lawyer is going to request that you disclose your assets. You legally have to do this during something called the debtors exam. If you lie you are committing perjury, which is a big no no. So you need to legally hide and protect your assets.

So how does one do this? There are multiple ways:

  1. Retirement accounts. Money in your 401k and IRA are generally protected. Some states like California can seize portions of an IRA if they determine you have adequate retirement funds, but overall retirement accounts offer solid protection if you ever run into financial trouble. I am not a fan of government backed accounts, but the asset protection and tax savings a 401k offer are hard to beat. Max your 401k out every year, its a no brainer.
  2. Limited Liability Companies. Own as many LLCs as you can. Put multiple assets in them. Do not hold every business asset in one LLC. If your company vehicle kills someone, now your entire business is liable. Instead, if your company vehicle was owned by a separate LLC underneath your operating (practice) LLC, then the operating LLC is protected. Own rental properties? Have each one in a separate LLC.
  3. Trusts. A trust is a legal entity that holds assets for the benefit of beneficiaries (you). It is managed by a trustee (another LLC, owned by you), who has all the legal obligations and control over the trust’s assets. So have a trust, put your big ticket items in this, such as your house and savings.

These are the 3 big ways to protect your assets.

You should structure your business in a way where your practice is operating under a LLC and have that operating LLC be owned by another LLC. This would be the “parent company.” So all profits are funneled up to the parent company on a weekly basis. Have this parent company be owned by another LLC which would be a “holding group.” Then have this holding group be owned by a trust and the trust be owned by a trust company. Do you see how many layers of protection you have now? It would take years and years for someone to penetrate to the top. A lawyer would not waste their time.

Lets assume your operating LLC (your practice) gets sued because granny tripped and broke her hip in the waiting room. Fine. You have general liability right? Well what if that policy didn’t cover this for some reason. Or what if the settlement was higher than the limit of the general liability policy? You are still protected. Your operating LLC has very little in terms of money and assets. It has all been funneled up the chain and now sits in your trust or one of the holding companies.

You are probably thinking to yourself that this might not apply to you. That might be true until you become successful. But I would urge everyone starting a business to open 2 LLCs, one for your operating LLC and the other as the parent company of your practice. This adds an additional layer of protection.

A malpractice policy is a must. It covers most cases. You need to ensure you are also covering your ASSets in other ways though. Do research, consult your lawyer, and put some serious thought into what I discussed above. It is to late to implement asset protection strategies once that first lawsuit notification arrives in the mail. Get it done NOW.

19 Responses

  1. Can we do this all by ourselves or should we have a lawyer set it all up? What is the approximate cost of doing so?

    1. You can set up the LLCs but the trust will need to be done by a lawyer. Approximate cost for 3-4 LLCs and a Trust will be about $5,000. Money well spent.

  2. Can I set up my malpractice by myself or do I need a lawyer?
    In regards to Asset Protection: I am working on a dime since I got caught in the COVID-19 cross fire as I moved cross country in March just as COVID was hitting the state. Can I move forward without asset protection until I can afford?
    Do you have any recommendations for insurance companies with lowest prices? I have looked at AANP and CM&F and Baxter.
    Any recommendations are appreciated.
    Thank You Janet Testoni

    1. Hello Janet!

      You do not need a lawyer for malpractice. Check out Berxi, Proliability, and CM&F group for your policy, those are the cheapest ones. You also do not need asset protection strategies in place until you begin to make real money, like $300k+, and you have a lot of assets that could be taken. Focus on getting the business started and get a good insurance policy, that is all you need at first!

      1. Hi Justin,
        I am on almost on point with the 5-tier LLC structure you mentioned, and the 1-3 Asset protection. I am so proud of me! I haven’t started the Biz yet, however I have the:
        1) Retirement both IRA and 401k,
        2) started 2 LLC’s, so I have my “Operating LLC” and my “parent company” LLC to funnel up when I start making some real money, I have my “holding group” LLC owned by my Trust! Ultimately, this Trust will be owned by a Trust Co. My vehicle will be registered and leased through the Holding LLC. All that is left is for me to GO TO WORK! lol So what am I waiting for to pull the trigger? Professional Liability Ins. I have questions and need to have a HC Attorney look over. Med Director on Vaycay, need to sign contract so I can order supplies! Websites under construction! That’s All Folks!

        1. Yep, just get the professional insurance and you are ready to go. Don’t get stuck on this. GET STARTED! All the asset protection in the world doesn’t mean anything unless you are generating income.

      2. Well, I did structure first before reading the strategies in the article and I’m glad I did. At first it seemed overkill, but it was like a thorn in my side!! Now I’m still broke lol but, I feel secure like I’ll be getting the protection I need and I can definitely move on.

  3. Hi following up on the LLC information provided on the Nurse Elite website, concerning ie Wyoming, Nevada registration for companies. Do you have to reside in those states or practice there , to have the business addressed or linked there?
    I live in TN and starting a cash practice also with a consulting arm to assist other practices in start ups, how would this apply?
    Should the parent company be LLC 1 cash practice and Consulting be LLC 2 ?
    thanks so much

    1. Nope, you do not to reside or practice there to have an LLC from there to function out of.

      Parent company that owns both a separate TN based LLC for the cash business and another LLC for the consulting business. Nice and simple 🙂

  4. Hi Justin, can you recommend any lawyers that help form a trust in New York? Regarding multiple LLC’s, are there yearly fees/taxes associated with maintaining them? I am planning to start a one-person, part-time private practice, 2 days a week and I have real estate I want to protect. Is there any value in having multiple malpractice policies?

    1. Depends on the state for the LLCs. Some will have a yearly fee and others won’t.

      Just have one malpractice policy, no need to have 2.

      Just look up an estate or asset protection lawyer in NY to help with a trust.

  5. Hi Justin,
    I have a quick question for you,
    As a PMHNP, if I chose to do cash practice, do I need to pass the ANCC certification exam?

    2: Since Niche is very important, but I currently work in an outpatient where I see both patients with opioid addiction and mental health
    Can I combine both in my private practice?

    I look forward to hearing from you.

  6. Hello,
    I am so happy I came across the Elite NP website. The information you share is valuable and helpful. Thank you!!
    Unfortunately, I created an LLC in Florida before I completed your course on opening an IV Nutrition business. Is there a way to transfer that LLC to Wyoming or Nevada? Or am I able to open an LLC in Wyoming or Nevada under a different name and list it as my Florida LLC’s registered agent?
    Thank you,
    Lisa Yero, FNP-BC

    1. No, you can’t transfer it. If you already have a FL LLC, just function out of it for the time being. No need to complicate this. The registered agent must be located in the state of the LLC….

Leave a Reply

Your email address will not be published. Required fields are marked *

buy prednisone online buy prednisone 20mg
buy doxycycline online