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MIPS Protections

MIPS Protections is unique to MIPS and is an added discretionary cover that may provide assistance for non-healthcare risks arising from your clinical activities that may not otherwise be covered by insurance arrangements. MIPS Protections is in addition to the Indemnity Insurance Policy that is a benefit of membership.

MIPS will consider your claim for protection in accordance with the MIPS Constitution and the law. You can have a realistic expectation that claims under MIPS Protections will be accepted if the claim comes within the scope of the protection provided by MIPS. MIPS is more likely to provide assistance for cases that affect a member’s professional character or interests or that promote honourable and discourage irregular practice.

MIPS-Protection-Icons_07_ThumbsUp The type of things we can cover 

Assistance, including payment of defence costs, may be provided for disputes that arise in connection with your employment, professional college or association and regulator issues, for example:

Employment and industrial relations

Advice on disputed employment contracts or providing assistance if you are wrongly accused of breaching your employment contract.

Medicare and PSR investigations and audits

We can assist with investigations and defence costs to defend investigations or complaint about inappropriate claims through the Medicare Benefits Schedule.

AHPRA, regulator and statutory authority

We can support you for investigation and defence costs to defend any action made by AHPRA, any other healthcare regulator (eg HCCC, Medicare, drugs and poisons authorities) or government department that may unfairly limit your ability to practice, such as imposing a condition or restriction on your practice. We can also assist to re-obtain registration after suspension.

College, professional association or university

We can assist you with disputes you have with your College, professional association or university where you have been the victim of a lack of due process, procedural fairness or illegal discrimination (eg race, gender), for example suspension or expulsion due to misconduct or a breach of conduct.

Mandatory reporting

We can assist you to defend complaints that arise from a mandatory report you make in good faith and in a timely fashion. For example, reporting a colleague with an impairment or practising while intoxicated. MIPS’ clinico-legal advisers are exempt from mandatory reporting obligations and you can discuss matters with them prior to making a mandatory report.

Workplace discrimination, bullying or harassment

We can assist you to defend false allegations of workplace discrimination, bullying or harassment or respond where you are a victim of workplace discrimination, bullying or harassment and your employer is unable or unwilling to assist.

MIPS-Protection-Icons_08_ThumbsDown The type of things we are unlikely to cover

MIPS has discretion to accept or refuse assistance in whole or in part. MIPS may withdraw assistance, if your conduct is fraudulent or where you do not cooperate with MIPS or act in good faith. The following provides examples MIPS is unlikely to assist you with:

  • any accusations or acts that are malicious or of a deliberate, reckless or criminal nature
  • financial assistance to initiate legal proceedings rather than respond to legal proceedings (eg initiate proceedings that accuse others of defamation, libel or slander)
  • where you refuse to settle a matter that is capable of being settled. In this case, MIPS may limit the amount of defence costs incurred up until the earliest date the settlement could have been achieved
  • fund the cost of any repayment you must make to any statutory authority (eg Medicare), government department or employer
  • further assistance on the same matter if your appeal is not successful
  • if you have not undertaken any available dispute resolution process
  • actions where you were practising healthcare outside your scope of practice or without being AHPRA registered.

Members must obtain prior approval from MIPS prior to incurring any costs.

Examples

Example one

Diagnosed Parkinson's disease

Member: Peter, GP with 20 years of practice

While Peter has been aware of his condition for some time, he has recently worsened. AHPRA notify him that he should cease work as a health practitioner due to the impairment that the Parkinson’s disease has caused. Peter disagrees and thinks he is still capable of practising safely despite suffering from Parkinson’s disease. He decides to challenge this decision and approaches MIPS to assist him with the costs of legal expenses associated with defending his ability to continue as a registered health practitioner.

The Board of MIPS exercises its discretion to cover Peter for the cost of the legal proceedings (to a maximum amount of $10,000) to defend his registration. A MIPS panel lawyer is appointed by MIPS to represent Peter.

The legal costs for the proceeding are $12,500. As Peter only has cover for up to $10,000, he pays the additional $2,500. He decides to approach MIPS again to see if the Board may exercise further discretion to cover the extra $2,500. The Board would give sympathetic consideration to Peter’s situation.

Example two

Allegation of Inappropriate Conduct

Member: Sam, medical registrar at a public hospital

Whilst on night duty Sam has a lengthy conversation with one of the nursing staff who expresses her condolences regarding the recent passing of Sam's father. They also have a chat about the nurse’s recent holiday in Europe. The next day Sam receives an email from HR requesting a meeting with him and the Director of Medical Services. The email details allegations that whilst he was on duty he had a 3-hour conversation with another staff member and during this time the other staff felt unable to approach him regarding patient issues. Sam contacted MIPS and a medico-legal advisor arranged to accompany him to the HR meeting as a support person. Prior to the meeting Sam and the MIPS advisor (also an experienced practitioner) had a chat regarding the incident and Sam admitted that the conversation had been inappropriately lengthy considering his work commitments. The interview with HR went well with Sam demonstrating insight into his behaviour and the matter did not go any further.

MIPS Protections Plus

MIPS Protections Plus is a membership basis you can choose which applies if you have an alternate indemnity arrangement in place with another provider but wish to retain access to the other benefits of MIPS Membership including:

  • 24/7 Clinico-legal advice and support from experienced practitioners  
  • MIPS Protections discretionary cover for non-healthcare professional and personal matters arising from your clinical activities
  • Accredited professional development education and resources
  • other membership benefits

This membership classification basis will not provide indemnity cover for civil claims and you cannot make a claim through the Indemnity Policy.