MIPS Assist

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

Cover under MIPS Assist is limited to $100,000 per claim and in the aggregate during the membership period. For insurance covers, such as civil liability, see the Indemnity Insurance Policy, which has a limit of $20M.

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.

The type of things we may cover under MIPS Assist

Assistance, including payment of defence costs, may be provided for the following:

Employment and industrial relations

We may assist where there is a dispute under an employment contract or in instances where you have been wrongly accused of breaching your employment contract.

College, professional association or university

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

Workplace discrimination, bullying or harassment

We may assist to defend 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.

The type of things we are unlikely to cover under MIPS Assist

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 acts you commit or are alleged to have committed 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 accept a reasonable settlement that is offered and MIPS recommended you accept the settlement. 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, 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
any activities that would otherwise be covered with the Indemnity Insurance Policy that is also a benefit of membership.

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.