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MEDICORUM | wealth management
  • HOME
  • PRACTICE
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RISK MANAGEMENT

 

From Insurance Purchaser to Risk Owner: The Strategic Advantage of a Captive


For most medical practices, insurance is a significant expense, a commodity purchased from a third-party carrier. In this traditional model, you pay premiums, and the insurance company retains the profits from its underwriting and investment activities. If you have a year with few or no claims, the financial benefit accrues to the insurer, not to you.


Forming a captive insurance company fundamentally inverts this relationship. It shifts your practice's role from that of a passive insurance purchaser to an active risk owner. Premiums are paid to an insurance company that you control, and any underwriting profits and investment income are retained within your own enterprise, building a new strategic asset for your practice. This shift in perspective and control unlocks profound advantages in risk management.


The operational discipline required to run a compliant captive has a powerful, positive feedback effect on the medical practice itself. The process of actuarial pricing, claims management, and risk analysis often uncovers operational inefficiencies and previously unrecognized risk concentrations. Because the physician-owners are now financially incentivized to mitigate these risks to preserve the captive's surplus, they are more likely to implement new safety protocols, enhance staff training, or invest in superior technology. This discipline, forced by the requirements of running a real insurance company, leads to improved operational efficiency, better clinical outcomes, and a safer, more profitable medical practice.

THE FOUR PILLARS OF LEGITIMATE INSURANCE

To be respected by regulators and the courts, a captive must be more than a mere savings account. It must operate as a bona fide insurance company, satisfying a four-part test established in decades of case law. Your captive must be built to ensure every structure meets these essential criteria.

RISK SHIFTING

RISK DISTRIBUTION

RISK DISTRIBUTION

Your arrangement must involve a genuine transfer of the financial consequences of a potential loss from the medical practice to the captive insurance company. This is achieved through formal, legally binding insurance contracts. 

RISK DISTRIBUTION

RISK DISTRIBUTION

RISK DISTRIBUTION

  Your captive must spread its risk across a sufficient pool of independent risks to ensure that a single large loss does not threaten its solvency. This is achieved by insuring a portfolio of multiple, non-correlated risks, and in some cases, may involve the captive ceding a portion of its risk to a compliant reinsurance pool. 

FORTUITOUS RISK

Commonly Accepted Insurance

Commonly Accepted Insurance

  The events being insured must be fortuitous—that is, uncertain, possible, and unexpected. A captive cannot insure against losses that are certain to occur or are considered ordinary business expenses. 

Commonly Accepted Insurance

Commonly Accepted Insurance

Commonly Accepted Insurance

 The captive must look, act, and be regulated like a commercial insurer. This includes being properly licensed in a domicile, having adequate capital and reserves, using actuarially determined premiums, following formal claims-handling procedures, and having a valid, non-tax business purpose. 

THE BENEFITS OF OWNERSHIP AND CONTROL

Customized Coverage

You are no longer limited to the off-the-shelf policies offered by commercial carriers. You can work with actuaries to design bespoke insurance contracts that precisely match the unique risk profile of your practice, filling the critical gaps that standard policies leave open. 

Claims Control

 As the owner of the insurer, you have the final say in the claims process. This allows for fair and efficient payment of legitimate claims and gives you the power to vigorously defend claims you believe are without merit, rather than being forced into a settlement by a commercial carrier focused on its own bottom line. 

Enhanced Risk Awareness and Safety

 The financial reality of owning your own insurer changes the organizational mindset. The conversation shifts from viewing safety programs as a cost center to seeing them as a profit driver. By investing in risk mitigation, you directly reduce future claims, which increases the captive's underwriting profit. This powerful incentive naturally leads to a safer environment for patients and staff and, ultimately, better clinical outcomes. 

Direct Access to Reinsurance Markets

 Captives can access the global reinsurance market—the market where insurance companies buy their own insurance. This allows your captive to "lay off" catastrophic risk to a reinsurer at wholesale prices, bypassing the retail markups and administrative costs embedded in commercial insurance premiums. 

Profit Retention and Cost Stability

 All underwriting profits (premiums collected minus claims paid) and investment income are retained by your captive, building surplus and creating a new asset on your consolidated balance sheet. This self-sustaining financial engine insulates your practice from the unpredictable and often volatile pricing cycles of the commercial insurance market, leading to more stable, predictable risk-financing costs over the long term. 


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