New York Physician Assistant Malpractice Insurance
New York doesn't require physician assistants (PAs) to carry malpractice insurance, but the state's own Health Department describes a PA as a dependent practitioner whose supervising physician stays medically responsible. That means claims usually name both of you. The state's Section 18 excess program is for physicians and dentists only. Below: the 2025 ratio change, prescribing rules, how long claims stay open, and tail. Get a quote online with same-day proof.
Why New York PAs Need Their Own Policy
Under 10 NYCRR §94.2(f), the physician who supervises or employs you stays medically responsible for your work, so a New York claim against a PA usually names the physician and the practice too. Their policy is built to defend them. Many New York physicians carry $1.3M/$3.9M primary limits so they qualify for the state's Section 18 excess layer. PAs can't get Section 18 coverage, so your protection is whatever policy names you. New York also keeps claims open a long time: 2 years 6 months from the act or the end of continuous treatment, and longer for missed cancer diagnoses under Lavern's Law (CPLR 214-a). A personal policy, with tail when you move, keeps your defense separate and covers locums, per diem and telehealth work outside your main job.
How much does malpractice insurance for Physician Assistants cost in New York?
Costs are based on specialties as well as full vs part- time hours:
Average $1M/$3M Coverage Premium - Part Time (less than 24 hours/week):
$1,012 - P1 (lower-risk outpatient specialties like family practice or dermatology)
$1,317 - P2 (hospital ER, urgent care, OR work under 10 hours/week)
$1,611 - P3 (surgical or OB/GYN without L&D, trauma, pain management)
Average $1M/$3M Coverage Premium - Full Time (greater than 24 hours/week):
$1,523 - P1 (lower-risk outpatient specialties like family practice or dermatology)
$1,988 - P2 (hospital ER, urgent care, OR work under 10 hours/week)
$2,426 - P3 (surgical or OB/GYN without L&D, trauma, pain management)
Sample rates only. Premium will be underwritten for your exact situation when using our Instant Online Quote portal.
Physician Assistant Insurance cost varies depending on:
* Scope of services provided
* Claims-made vs. occurrence form
* Policy limits (standard limits are $1/$3M, but $100k/$300k, $250k/$500k, $500k/$1M and $2M/$4M limits available
* Prior claims history
**Note:** Rates will be underwritten for your exact situation.
New York PA Practice Rules
Coverage rule: no New York statute requires PAs to carry malpractice insurance. Education Law Article 131-B (§§6540–6548) and the Health Department's PA rule (10 NYCRR §94.2) set no minimum. Hospitals and groups set limits, commonly $1M/$3M, and some match the $1.3M/$3.9M physician standard. Excess: the Section 18 program (Ch. 266, L. 1986) adds an excess layer only for physicians and dentists certified by a hospital. Time limits (CPLR 214-a): 2 years 6 months from the act or omission, or from the end of continuous treatment for the same condition. A foreign object left in the body gives 1 year from discovery. Failure to diagnose cancer gives 2.5 years from discovery, with a 7-year outer limit. Damages: New York has no statutory cap on malpractice damages. Wrongful-death recovery is still limited to pecuniary loss, because the Grieving Families Act was vetoed again in December 2025. New York has no patient compensation fund.
New York PAs practice under physician supervision that must be continuous but doesn't require the physician to be on-site (Educ. Law §6542). You keep records showing that supervision (10 NYCRR §94.2(a)). Since Feb. 22, 2025, a physician may supervise up to 6 PAs in private practice, up from 4; hospitals are exempt from that statutory limit. New York has no hours-based path to independent practice.
New York Physician Assistant (PA) FAQs
Do I need my own malpractice policy as a PA in New York?
No statute requires it. Neither Education Law Article 131-B nor the Health Department's PA rule (10 NYCRR §94.2) sets a minimum. In practice, New York hospitals, groups and plans require proof of coverage. If you're covered under an employer's policy, ask whether you're a named insured with your own limits and who pays tail if you leave.
Usually $1M per claim / $3M aggregate, with some hospitals asking for $1.3M/$3.9M, the primary level physicians carry to qualify for Section 18 excess. New York has no damages cap, so set limits to what your contracts and specialty require.
What malpractice limits should a New York PA carry?
How much does malpractice insurance for Physician Assistants cost in New York?
In New York, Physician Assistant malpractice coverage can start as low as $972 annually for $100,000/$300,000 limits. For standard $1M/$3M coverage, expect typical costs of about $1523 for P1 specialties (pediatrics, behavioral health, dermatology, family practice), $1988 for P2 (ER, urgent care, surgical centers under 10 hrs/week), and $2426 for P3 (OB/GYN excluding labor & delivery, trauma, high-risk surgical). Part-time Physician Assistants in New York usually see lower rates, averaging $1012, $1317, and $1611 across the same P1P3 tiers. Actual rates depend on your specialty focus, practice hours, procedures performed, and any prior claims.
Can a New York PA rely on the employer's malpractice insurance?
Only after reading it. In New York, if you're added to a physician's or group policy, you'll usually share their limits and their carrier controls your defense. Section 18 excess won't extend to you. Ask whether you're a named insured, whether defense costs reduce the limits, and who buys tail, and get a certificate in your name each year.
Claims that your diagnosis, treatment, prescribing or procedures injured a patient: lawyers, experts, court costs and damages. Most New York PA policies also include a license defense limit for the New York State Education Department.
What does a physician assistant malpractice policy actually cover in New York?
Can a PA practice without a supervising physician in New York?
No. New York has no hours-based path to independent PA practice. You practice under physician supervision that must be continuous but does not require the physician on site (Educ. Law 6542), and you keep records showing that supervision (10 NYCRR 94.2(a)). Since February 22, 2025, a physician may supervise up to 6 PAs in private practice; hospitals are exempt from that limit.
Yes, to the extent your supervising physician assigns it, for that physician's patients, with a DEA registration in New York (10 NYCRR §94.2(e)). Prescriptions show the supervising physician's name, address and phone, and you sign with P.A. and your license number. You must check the I-STOP prescription monitoring registry before prescribing Schedule II, III or IV drugs (PHL §3343-a), and DEA prescribers complete 3 hours of pain, palliative care and addiction training every 3 years (PHL §3309-a).
Can a New York PA prescribe Schedule II drugs?
What is the deadline to file a malpractice claim against a PA in New York?
Two years and 6 months from the act or omission in New York, or from the end of continuous treatment for the same condition (CPLR 214-a). A foreign object left in the body gives 1 year from discovery, and a failure to diagnose cancer gives 2.5 years from discovery, with a 7-year outer limit.
Is there a cap on medical malpractice damages in New York?
No. New York has no statutory cap on economic or non-economic damages in malpractice cases. Wrongful-death claims are limited to pecuniary losses: Governor Hochul vetoed the Grieving Families Act, which would have expanded them, for the fourth time in December 2025. If it passes later, wrongful-death claim values would rise, which is a reason to review your limits each renewal.
Is there a state excess fund that covers New York PAs?
No. New York has no patient compensation fund of the kind found in states such as Pennsylvania, Indiana or Wisconsin. Its Section 18 program is a different thing: a state-funded excess layer for physicians and dentists with hospital privileges, which PAs aren't eligible for. A New York PA's coverage tops out at the limits on their own or an employer's policy.
Does a New York PA need tail coverage after leaving a job?
On a claims-made policy, plan for it in New York. Claims can be filed 2 years 6 months after care or after continuous treatment ends, and a missed cancer diagnosis can surface for up to 7 years (CPLR 214-a). Buy tail from your old carrier or get prior-acts coverage from your new one, and settle who pays before you sign.
Should a PA in New York buy claims-made or occurrence coverage?
Occurrence pays for incidents in the policy year no matter when suit is filed, so leaving a job needs no tail. Claims-made pays only for claims brought while it is in force, for care after the retro date, and its price steps up for several years. Because New York claims can surface late, under continuous treatment or Lavern's Law, put a price on tail before you take the cheaper claims-made rate.
What should a new-grad PA in New York know about malpractice insurance?
If you've met every requirement except the exam, NYSED can issue a limited permit that lets you practice under a physician's direct supervision for 1 year, extendable once in New York (Educ. Law §6546). Start malpractice coverage the day you start working under the permit, not the day you get the license. New-grad PAs can usually get $1M/$3M with a first-year discount.
Does a New York PA's malpractice policy cover virtual visits?
It should, but confirm it in writing. Telehealth care is still subject to New York supervision and prescribing rules, including I-STOP checks before Schedule II-IV prescriptions. New York isn't in the PA Licensure Compact, so patients in New Jersey or Connecticut need you licensed there, and your policy's territory must include those states.
Will my malpractice insurance defend my New York PA license?
Most individual PA policies do, but the limit is far lower than the malpractice limit. Check the license defense sublimit on your declarations page and whether it covers New York State Education Department hearings.
What is the risk of practicing as a PA in New York without malpractice insurance?
The physician and practice, usually named too because the physician stays medically responsible (10 NYCRR §94.2(f)), get counsel from their own carrier, and that counsel works for them in New York. You'd fund your own lawyer and any payment out of pocket. A payment made on your behalf still goes to the National Practitioner Data Bank, and a coverage lapse can cost you privileges under your contracts.
Will a malpractice claim show up on my record as a New York PA?
Yes, in New York. A payment made on your behalf goes to the National Practitioner Data Bank (45 CFR §60.7), which hospitals check at every credentialing cycle. Misconduct complaints about PAs go to the Health Department's Office of Professional Medical Conduct. Credentialing and plan applications ask about claims history, so keep loss runs from every carrier you've had.
How quickly can I get covered as a PA in New York?
Usually within a day for a clean application. The instant online quote prices New York PA coverage in minutes; prior claims or surgical work can add underwriting time.
Does New York's Section 18 excess program cover PAs?
No. Section 18 excess (Ch. 266, Laws of 1986) is for physicians and dentists certified by a general hospital where they have privileges, on top of a $1.3M/$3.9M primary policy from a New York-licensed insurer. PAs can't enroll. If your supervising physician has Section 18 coverage, that layer protects the physician, not you.
In private practice, 6 at one time since Feb. 22, 2025, up from 4 in New York (Educ. Law §6542; A.8378-A/S.9038-A). The same law lets PAs order durable medical equipment and issue non-patient-specific standing orders. Corrections facilities allow 8. Hospitals are exempt from the statutory number, but a Health Department rule limits hospital supervision to six PAs or specialist assistants per physician (10 NYCRR §94.2(d)).
How many PAs can one physician supervise in New York?
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Helpful Links:
- Physician assistant (PA) insurance guide
- PA malpractice insurance cost by state
- Instant PA insurance quotes
- Am I covered under my supervising physician's policy?
- Tail coverage for physician assistants
- Claims-made vs occurrence for PAs
- New Jersey PA malpractice insurance
- Connecticut PA malpractice insurance
- Pennsylvania PA malpractice insurance
- Vermont PA malpractice insurance
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