Health Insurance for Attorneys in Solo and Small-Firm Practice
By Frank Caballero, licensed health insurance broker (NPN 21032307) · Updated
Lawyers buy their own health insurance when they go solo, make equity partner, take contract work or move between firms. This guide explains why a private plan is usually the first quote for an attorney above the subsidy line, how partnership changes the rules, and how small firms can cover staff.
Private health insurance
Most people I help end up on a private plan, not a Marketplace plan. Private, medically underwritten health insurance is priced on your age, zip code and health instead of your income, so a strong year never raises your premium and there is no tax credit to pay back in April.
Why people leave the Marketplace
- Premiums keep climbing. Marketplace premiums are rising again for 2027.
- The subsidy cliff. Above 400 percent of the poverty level ($63,840 for one person, $132,000 for a family of four) you pay full price.
- Surprise tax bills. Underestimate your income and you repay the tax credit in April.
- Narrow networks. Many plans are local HMOs or EPOs that need referrals and cover little outside the area.
- High out-of-pocket costs. 2027 out-of-pocket maximums reach $12,000 per person and $24,000 per family.
- One window a year. Outside open enrollment you need a qualifying life event to enroll or switch.
What a private plan does differently
- Start any month. If approved, coverage can begin the first of next month, with no wait for open enrollment.
- Networks that travel. Many private plans use national PPO networks, which can give you in-network doctors outside your home state too. Networks vary by plan.
- Can cost less than full-price Marketplace plans for some healthy applicants above the subsidy line.
- Accident coverage the Marketplace does not offer. A private plan can be paired with accident coverage, a separate policy. What it includes varies by plan.
- Approval is based on health. You answer health questions, and acceptance is not guaranteed.
With a significant health condition, or income low enough for a large tax credit, a Marketplace plan can be the better fit, and I will tell you if it is. Either way you see both side by side.
Private plans are not ACA Marketplace plans. Benefits, exclusions and pre-existing condition rules differ by plan and by state, so review the plan details before you enroll.
Get a private plan quoteLearn more: coverage not based on income · how underwriting works · private vs Obamacare · PPO plans for individuals · switching from the Marketplace
Start with the private option
Lawyers are paid well enough that Marketplace help usually does not apply. The Bureau of Labor Statistics reported a mean annual wage of $185,840 for lawyers in May 2025, across about 754,500 jobs, and roughly 448,000 of those jobs sit in legal services firms rather than government or corporate legal departments. For 2027, the Marketplace credit ends at 400 percent of the poverty level, which is $63,840 for one person, $86,560 for two and $132,000 for a family of four.
So when you hang your own shingle, make partner, take contract work or move between firms, the most useful first quote is usually a private, medically underwritten plan. Here is why.
What the Marketplace looks like from a law practice
Above the cutoff, a Marketplace plan is full price, and it brings a few drawbacks that matter to someone running a practice:
- Rising rates. Marketplace premiums are going up again for 2027, and above the line the entire increase is yours.
- Contingency risk at tax time. A large settlement fee or a strong collection year can push income past the line. If you claimed an advance credit, you repay all of it.
- Local networks. Many Marketplace plans are HMOs or EPOs, so a trial in another state or a deposition trip can leave you outside the network.
- A high ceiling. The 2027 out-of-pocket maximum is $12,000 for one person and $24,000 for a family.
- One window a year. Open enrollment for 2027 runs November 1, 2026 to January 15, 2027, and outside it you need a qualifying event.
A private plan handles those points differently. Its price depends on your age, zip code and health, not your fee income, so a seven-figure contingency case does not change your premium. If approved, it can start the first of any month, which is useful when you leave a firm in April. Many private plans use national PPO networks that travel with you to hearings and client meetings in other states.
Private plans are not ACA Marketplace plans, and benefits and pre-existing condition rules vary by plan. You answer health questions, and the carrier can decline you. Benefits such as mental health care can also differ from plan to plan, so if ongoing therapy matters to you, compare that coverage carefully. With a significant health condition, the Marketplace is the guaranteed option, and I will point you there when it is the better fit.
Solo practitioners
Going solo is the most common reason a lawyer calls me. You are now self-employed, and the plan is yours to choose and keep. Three points to plan around:
- Timing. Your firm coverage ends on a set date. Apply for a private plan a few weeks ahead so it starts on the first of the following month if approved. Losing that coverage also opens a 60-day Marketplace window if you need it.
- Cash flow. New practices have lumpy receivables. A private premium stays level while your income ramps, and there is no subsidy estimate to revise.
- Taxes. As a sole proprietor or single-member LLC owner, you can often take the self-employed health insurance deduction for premiums you pay, limited to your net profit from the practice. General information, not tax advice — confirm with your CPA based on your specific entity structure.
Our LLC owner guide covers how a PLLC or S corporation election affects the picture.
Partners in small and midsize firms
Partnership changes how you get coverage. Equity partners are generally treated as self-employed owners, not employees, for benefit and tax purposes. When the partnership pays a partner's premium, it is usually reported to the partner as a guaranteed payment, and the partner may then claim the self-employed health insurance deduction. General information, not tax advice — confirm with your CPA based on your specific entity structure.
Non-equity or income partners are often still on payroll and keep the firm plan. If your firm is small and its group plan is expensive or narrow, it can be worth asking whether partners could carry individual private plans instead, while staff remain on whatever arrangement the firm chooses.
Small-firm owners covering associates and staff
If you employ associates, paralegals and an office manager, you have more choices than a traditional small-group plan:
- ICHRA. Works for any size employer. The firm sets a monthly allowance and reimburses employees for individual plans they pick.
- QSEHRA. Available to employers with fewer than 50 full-time employees, with simpler rules and an annual cap.
- Small-group coverage. Still an option, especially if someone on staff has a health condition that individual underwriting would not accept.
An allowance arrangement gives you a predictable expense, which suits a firm with uneven monthly revenue. Our ICHRA guide and small business owner guide cover each setup.
Contract attorneys
Contract and project attorneys, document review lawyers and per-diem counsel move between engagements, often through an agency. Agency coverage, when offered, tends to stop when the project ends. Holding your own private plan gives you continuity from one assignment to the next, and you can decline the agency plan if you prefer. If you are paid on a 1099, the self-employed deduction may apply to your premiums. General information, not tax advice — confirm with your CPA based on your specific entity structure.
Lateral moves and leaving a large firm
A lateral move can leave a gap if the new firm makes you wait for benefits to begin. Leaving a large firm with 20 or more employees also gives you federal COBRA rights: up to 18 months on the old plan at up to 102 percent of its full cost. COBRA is worth it for someone mid-treatment. For a healthy lawyer, a private plan that, if approved, starts the first of the month can be the cheaper bridge. See COBRA alternatives for the comparison.
Practicing in Florida and beyond
Florida has one of the largest lawyer populations in the country, with about 55,210 lawyer jobs in the May 2025 BLS count. If you practice in Florida, your plan is priced on your home zip code, and a national PPO can cover you when cases take you to Atlanta, Houston or anywhere else. I am licensed in 31 states.
Get a quote
I work by phone or video, which fits around hearings and filing deadlines. Send your zip code, household ages, prescriptions and the date your current coverage ends. You will see private plans alongside Marketplace options and COBRA where it applies. Get a quote or call (786) 218-2384.
Frequently asked questions
I am leaving a firm to open my own practice. What should I do first?
Confirm the date your firm coverage ends, then apply for a private plan a few weeks ahead so it can start the first of the next month if approved. Losing firm coverage also opens a 60-day Marketplace window if underwriting does not work out.
How do equity partners get health insurance?
Equity partners are generally treated as self-employed owners. A partnership that pays a partner's premium usually reports it as a guaranteed payment, and the partner may claim the self-employed health insurance deduction. General information, not tax advice — confirm with your CPA based on your specific entity structure.
Will a big contingency fee affect my health insurance?
Not on a private plan, which is priced on age, zip code and health. On the Marketplace, a large fee can lift your income above 400 percent of the poverty level, and you would repay any advance credit in full.
Can my small firm help associates and staff with coverage without a group plan?
Yes. An ICHRA works for any size employer, and a QSEHRA is available to employers with fewer than 50 full-time employees. Both reimburse employees for individual plans up to an amount the firm sets.
I do contract document review between engagements. How do I avoid gaps?
Hold your own private plan so coverage does not depend on any single assignment. If approved, it can start the first of any month and stays in force when a project ends.
When is the Marketplace the better choice for a lawyer?
When you or a family member has a significant health condition that a private plan would decline or exclude, or when ongoing care like therapy is a priority and the private plan's benefits fall short. The Marketplace must accept you during open enrollment or a special enrollment period.
Related guides
More guides for attorneys
- Health Insurance for General Counsel and In-House Lawyers
- Health Insurance for Patent Attorneys, Patent Agents and Tax Attorneys
Or browse health insurance by occupation.
Last updated 2026-10-22. General information, not tax or legal advice.