Health Care Liability Market Tightens as Capacity Shrinks and Placements Grow More Complex

The U.S. health care liability insurance market faces mounting structural stress in 2026, with contracting capacity, longer placement timelines and sharply higher pricing , according to Risk Placement Services.
By: | June 17, 2026
surgeons performing a high-exposure procedure concept

Hospital programs that once closed in days now take weeks to construct, and the pricing on some placements has doubled year over year, according to Risk Placement Services’ 2026 U.S. Healthcare Market Outlook Report.

The wholesale broker found that while the market has not broken, a supply-demand imbalance is reshaping how programs are built and what insureds can expect at renewal: demand for health care liability coverage continues to grow while capacity, particularly at upper tower layers, keeps contracting.

Hospital and Physician Segments Face Structural Shifts

The hospital segment is under the most visible strain. The era of a single carrier providing $20 million in capacity on a hospital program is over, the report said, with the common maximum now sitting at $5 million. A hospital seeking $50 million in coverage may need to stack 10 or more carriers to complete the tower.

Pricing that ran $10,000 per million dollars of coverage in prior years is now reaching $20,000 per million or more in some states, according to Margaret Jacobs, senior vice president at RPS.

Abuse coverage has emerged as a particularly acute challenge. Markets that once included abuse limits as a standard feature of hospital liability policies are no longer willing to do so, the report found. The practical result is what the report describes as a split tower, in which insureds purchase as much abuse limit as available and then complete the remainder of the program without it.

“It’s not my expectation that that’s going to turn around anytime soon,” said James McNitt, health care practice leader at RPS.

The physician market presents a different but related set of pressures. A structural shift from separate-limit to shared-limit programs means all physicians in a group now draw from a single aggregate, reducing carrier exposure while creating new gaps for the group itself. The report identified this trend as a driver of growing demand for physician excess liability coverage.

High-exposure specialties including obstetrics, gynecology, neurosurgery and pediatrics continue to see rising claim severity, and the report warned that some admitted carriers and risk retention groups are underpricing business in ways that will catch up with them in coming years.

Telemedicine, now used at least weekly by more than 71% of physicians according to data cited in the report, has outpaced the ability of both regulators and insurers to fully characterize the risk, pushing more of that exposure into the excess and surplus lines market.

Social Services and Residential Care Capacity Contraction

Human and social services, a segment covering foster care agencies, youth organizations, behavioral health providers, adult day programs and group homes, is among the most stressed areas of the market. Carriers that previously offered $10 million limits have pulled back to $5 million or less, and several program markets have exited entirely, the report found. The shift from occurrence-based to claims-made coverage has accelerated, and carriers are advancing retroactive dates on abuse coverage in a growing number of cases.

Sublimits on abuse, assault, molestation and self-inflicted injury have become increasingly common, and the report cautioned that these sublimits can render excess coverage effectively worthless when a large claim occurs.

“There are nonprofit foster care agencies right now that are genuinely uncertain whether they can stay in business due to uncovered liabilities,” said Karen Bennett, senior vice president at RPS.

Residential care is segmented in its outlook. Senior living remains workable for most accounts, though scrutiny is elevated for operators growing through mergers and acquisitions. Behavioral health and human services residential programs face a harder path, as organizations historically reliant on admitted package markets are being pushed into the E&S space for the first time.

Broker Expertise and Submission Quality Carry More Weight

With carriers exercising greater selectivity, the report found that submission quality has become a differentiating factor in whether accounts get quoted or declined.

The report also noted that carriers are placing increased weight on broker relationships and track records when evaluating accounts, a dynamic McNitt described plainly: “Carriers are underwriting the broker, not just the risk.”

Obtain the full report here. &

The R&I Editorial Team can be reached at [email protected].

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