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The 60-day clock

Health Insurance for Solo Attorneys and Small Firm Owners

You left the firm and the firm plan stayed behind. The 60-day clock started that day.

  • 60 daysfrom coverage end, not last day worked
  • Malpracticeis not health coverage
  • Entitysets the deduction mechanics
A statue of Lady Justice holding the scales
Photo by Jason Jacobs from Honolulu, USA on Wikimedia Commons (CC BY 2.0)

The quick answer

Leaving a firm starts a 60-day Special Enrollment window from the date group coverage ends — miss it and the next chance is usually Open Enrollment. Malpractice cover has no bearing on personal health coverage, and how premiums are deducted depends on whether the practice is a sole proprietorship or an S-corp.

Attorneys going solo tend to handle the difficult parts of launching a practice competently and then leave health coverage to the end of the list. The problem is that unlike most launch tasks, this one has a deadline attached that you did not set and cannot extend.

What Makes Solo Attorneys & Practice Owners Different

  • Leaving a firm creates a hard 60-day Special Enrollment window that runs from the coverage end date, and missing it can mean waiting until the next Open Enrollment.
  • Professional liability cover is front of mind for every new practice and is entirely unrelated to health coverage, which makes it easy to feel insured while uninsured.
  • Entity choice is usually deliberate, and whether you are a sole proprietor, PLLC, or S-corp determines how premiums must be paid for the deduction to survive.

The Clock That Starts When You Leave

Losing your firms group coverage is a Qualifying Life Event opening a 60-day Special Enrollment Period. It runs from the date coverage ends, which is often the end of the month rather than your last day at the firm — confirm which, because the difference can matter.

Miss the window without another qualifying event and you are generally waiting for Open Enrollment. For someone who has just given up a salary to build a practice, several uninsured months is an avoidable and disproportionate risk.

Malpractice Cover Is Not Health Cover

Professional liability protects you against claims arising from your legal work. It is essential, it is often required, and it has no bearing whatsoever on your medical care.

The reason this is worth stating to attorneys specifically is that the insurance conversation at practice launch is dominated by malpractice — carriers, limits, tail coverage, claims-made versus occurrence. It is easy to complete that exercise thoroughly and never notice that personal health coverage was a separate item entirely.

Structure, Deduction, and the HSA

As a sole proprietor you deduct premiums under the Self-Employed Health Insurance Deduction, limited to net earnings. If you have elected S-corp treatment, the corporation generally needs to pay the premium and include it in your W-2 wages for the deduction to hold — a detail that is easy to get wrong in the first year and costly to unwind.

Attorneys who bill well and are otherwise healthy are often good candidates for a high-deductible plan paired with an HSA, where the deduction is worth your marginal rate and the balance compounds untouched. If your income exceeds the subsidy range, also compare off-exchange plans, which sometimes carry broader networks at similar prices.

Tools & Downloads for Solo Attorneys & Practice Owners

Use them here, download them, share them — no email wall, no cost.

Income worksheetEstimate the MAGI figure the marketplace asks solo attorneys & practice owners for
Estimated MAGI:$0This is the number the marketplace asks for — an estimate, not an eligibility determination.

Confirm whether firm coverage ends on your last day or at month end — the 60 days run from the coverage end date.

60-day deadline calculatorLosing coverage? Find the exact day your enrollment window closes
Special Enrollment window closes:

Losing qualifying coverage generally opens a 60-day Special Enrollment Period from the coverage end date. The window is firm — start before it is close.

Premium vs. deductible break-evenTwo quotes side by side — see what the monthly difference buys
Premium difference over a year:

Arithmetic only — networks, copays, and out-of-pocket maximums matter just as much, which is what the call is for.

Everything here is free to use and share — no email required. Browse the full tool & download library →

What I Hear From Solo Attorneys & Practice Owners

  • A 60-day enrollment window that closes while the practice launch consumes attention.
  • A thorough malpractice review that leaves personal health coverage untouched.
  • S-corp premiums paid the wrong way and a deduction lost.
  • No firm administrator to hand the enrollment paperwork to.

Questions Solo Attorneys & Practice Owners Ask

I am leaving my firm to go solo. How long do I have?

Sixty days from the date your firm coverage ends, which may be your last working day or the end of that month depending on the plan — confirm which applies. Within that window, losing employer coverage is a Qualifying Life Event and you can enroll in a marketplace plan. Miss it and you are generally waiting for the next Open Enrollment unless another qualifying event occurs.

Should I take COBRA from my old firm?

Price it against the alternatives rather than defaulting to it. COBRA preserves your exact plan and network, which matters if you are mid-treatment or want to keep a particular specialist. You pay the full premium plus an administrative charge, with no employer contribution, so it is usually expensive. A new solo practitioner with modest first-year income may find a subsidized marketplace plan considerably cheaper.

How does the premium deduction work for a PLLC or S-corp?

It depends on the tax election. A single-member PLLC taxed as a sole proprietorship deducts under the Self-Employed Health Insurance Deduction, limited to net earnings. If you have elected S-corp treatment and hold more than 2% of shares, the corporation generally pays the premium and reports it as W-2 wages, and you claim the deduction personally. Paying premiums personally under an S-corp without running them through payroll can jeopardize the deduction, so settle this with your accountant before the plan year.

Does my malpractice policy cover any of my medical costs?

No. Professional liability responds to claims arising from your legal services. It does not cover your health care in any circumstance. They are wholly separate purchases, and completing a thorough malpractice review does nothing toward your personal coverage.

Handle coverage before the 60 days run out

If you have just left a firm, this is time-sensitive in a way the rest of your launch list is not. We can compare COBRA against marketplace options at your projected first-year income and get it settled.

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