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MIPS provides members with a number of benefits, including 

• MIPS Members’ Indemnity Insurance Policy;
• MIPS Protections for non-medical indemnity matters;
• Independent and confidential clinico-legal advice from experienced practitioners, 24 hours a day, 7 days a week;
• Risk management workshops and online risk management modules and Medico-legal seminars;
• Cover for providing gratuitous health care services as a volunteer in third world countries or escort for sporting or cultural groups (except USA or where the US laws apply); and
• Cover for students undertaking supervised elective placements in Australia or Overseas (except USA or where the US laws apply).

Further details of other benefits. 

From 1 July 2003, the Medical Indemnity (Prudential Supervision and Product Standards) Act 2003 requires that indemnity for incidents arising from the provision of health care to a person in Australia and its Territories must be provided under a contract of insurance. The Australian Health Practitioners Regulation Authority (AHPRA) requires health care practitioners to provide annual evidence of adequate indemnity insurance as a condition of registration.

Yes. MIPS membership benefits include insurance cover under the MIPS Members’ Indemnity Insurance Policy. This policy has been specifically developed and tailored to meet the professional indemnity insurance needs of health care professionals and health care students.

Yes. MIPS is a listed as an approved insurer by the Medical Board of Australia. MIPS membership also satisfies the professional indemnity registration standards outlined by the Dental Board and Medical Radiation Practice Board of Australia.

MIPS Protections aims to provide the best medical indemnity insurance in Australia to allow members to request assistance for non-medical indemnity matters, including claims, that arise from risks connected with the member’s practice of his or her profession in Australia or for student members in relation to their studies that are not otherwise covered by insurance. MIPS will consider the member’s claim for protection in accordance with the MIPS Constitution and the law. Matters where the MIPS Board has agreed to provide this discretionary assistance have included the areas of employment, training, industrial relations and non-clinical registration board issues.

MIPS provides cover and assistance for matters not covered by your employer, which may include assistance with appearances at Coroner’s enquiries, medical board tribunals or complaints to State and hospital bodies. MIPS may also assist you in the event of a dispute between your employer and you. Membership with an employer indemnified basis will not provide indemnity for civil claims arising from salaried work; however, in the unlikely event that your employer refuses to indemnify you, you may seek assistance from MIPS to work with your employer to ensure their obligation to you is met.

You have a duty at law to disclose to MIPS anything that you know, or could reasonably be expected to know, that is relevant to our decision to accept you into membership and an insurers decision to insure you and if so, on what terms and conditions. This duty applies to your initial application for membership and at each subsequent renewal application. Examples include disclosure of previous claims history or previously unreported incidents, circumstances from your health care activities that could lead to a complaint, claim, and legal action or AHPRA Board investigation.

MIPS may reduce or refuse its liability and assistance to you under the membership benefits or in accordance with MIPS Constitution. MIPS may also cancel your membership and/or decline future membership renewal applications. If your non-disclosure is fraudulent, your cover under the membership benefits may be void from the beginning.

MIPS uses a blended approach when calculating membership fees to reflect the contribution required to appropriately cover your risk arising from both current and past practice.

The membership fee is individually calculated based on your membership classification, including location, for your current and past practice. The fee for retroactive cover is calculated on your previous practice in Australia for up to three previous membership periods.

The location and classification of your practice in the previous four years is used to assess the level of risk of your practice and affects your membership fee. Members who remain in the same classification and location reach a ‘mature membership fee’ in four years.

If you are moving from a low risk classification to a high risk classification (eg commencing private practice), you can expect to see a stepped increase in your membership fee until you reach the mature membership fee. When you move from a high risk classification to a low risk classification you can expect to see a stepped decrease in your membership fee until you reach the mature membership fee. A variety of factors are taken in consideration in addition to this. See the ‘Category selection guide’ in the Membership Benefits Handbook for detail about how we assess your practice.

We believe that our blended risk pricing approach balances equity and fairness for individual members and that of the membership as a whole. Using a blending approach ensures that the membership fee reflects the risk profile of each member. For example, the membership fee impact for members who move to a higher risk membership classification is blended over a number of years to reflect the change in claims likely to be reported. That means members are not being asked by MIPS to subsidise the mature risk exposure of other established members in the higher risk classification that they have moved to.

The membership fee reflects the contribution required to appropriately fund the risk arising from a member’s past and current membership categories and practice location. Any variations in practice history for the prior three membership periods will have an effect on the membership fee for the current membership period. Changes in actuarial assessment, inflation, claim and administrative costs, investment returns and many other factors all also impact on the membership fee.

Consistent with MIPS blending approach, for members that join MIPS with no previous practice history or who do not require retroactive cover, the membership fee will increase each year, to reflect the contribution required to appropriately fund the risk for each members past and current membership categories and practice location (currently four years). MIPS does not believe that charging the full membership fee in the initial membership period reflects a fair and equitable approach to practitioners commencing their profession.

The Premium Support Scheme (PSS) is an Australian Government initiative that helps eligible doctors with the costs of their gross indemnity costs that include medical indemnity insurance costs. MIPS administers the scheme on behalf of Medicare Australia. Eligible doctors who receive a PSS subsidy see it as a reduction of their MIPS membership fee.  Eligibility for the PSS includes:

• medical practitioners whose gross medical indemnity costs exceed 7.5% of estimated gross income private billings; or
• procedural general practitioners in a rural area (RRMAs 3-7); or
• former MISS participants (previously applied for and deemed eligible); or
• medical practitioners practicing in the public sector only and their membership fee includes run-off cover for previous private practice.

Further information regarding the PSS is available from the Department of Health and Ageing website www.health.gov.au.

No, the benefits of membership including insurance covers are only available to MIPS members. Documentation can only be issued in the name of the MIPS member.

A Delegation of Authority form must be completed to authorise a nominated person or organisation to contact us on your behalf in relation to membership.

Members can download a certificate at any time from the members’ only section by logging in to My Membership area.  Members can also contact Member Services.

Medical Indemnity insurance in Australia, including cover under the MIPS Members’ Indemnity Insurance Policy, is offered on a claims made basis. This means, all membership benefits including covers of insurance for any past unreported incidents will not continue when your membership ceases. If you have ceased practice (temporarily or permanently) you will need to maintain an appropriate MIPS membership classification or obtain run-off cover to ensure that you remain covered for your prior practice.

Members may resign at any time during a membership year, by providing notice in writing. As Medical Indemnity insurance in Australia is offered on a claims made basis, you will then no longer be covered by MIPS for any newly reported incidents for any past practice. To ensure that you do remain covered, you will be required to obtain appropriate run off cover for your past practice.

If membership is cancelled after 30 days from the date of inception or renewal of membership, MIPS will refund that part of the membership fee you paid that represents the unexpired period of your membership, less an administration fee of 20% subject to a $50 minimum charge. If you pay your membership by monthly instalments, you must pay any outstanding amount (including the administration fee) when the cancellation becomes effective.

Example of cancellation

Lee’s membership fee is $1,000 pa. 

Half-way through the year, he cancels his membership. The prorated value of the membership period remaining is $500. 

Lee’s cancellation fee will be $100 (ie 20% x $500).

Upon cancellation, Lee’s refund will be $400.

Membership benefits include medical indemnity insurance cover for claims that arise from incidents occurring in the course of, or in connection with, the provision of health care. Cover extends to the costs of investigating and defending claims and being represented at administrative or investigative tribunals or disciplinary proceedings such as a Medical or Dental Board enquiry, Health Complaints Commission review or a Coroner’s hearing in accordance with the policy’s terms and conditions.

Healthcare is any care, treatment, advice, service or goods provided in respect of the physical or mental health of a person, and any examination, report or opinion prepared by you but not for the purpose of treatment, which has been requested by a third party such as a lawyer, insurer or statutory authority.

The total available insurance limit for each member under the Indemnity Insurance Policy is $20 million. For those members who require an automatic reinstatement to comply with AHPRA indemnity requirements of registration, the insurance cover provided will be shown on your Member Benefit Statement as a $10 million limit plus an automatic reinstatement of that amount.

Most members have a zero excess. If an excess is applicable the amount will be set out in your Member Benefit Statement. You will be informed of the amount in advance of receiving your invitation to apply for renewal of membership.

Medical indemnity insurance in Australia, including cover under the MIPS Members’ Indemnity Insurance Policy, is offered on a claims made basis. Claims made means that cover will be provided if the member is current:

• at the time the event is notified to MIPS;  and
• where the relevant event occurred on or after the retroactive cover date, but excludes any known or previously reported events.  

MIPS benefits including covers of insurance will cease, regardless of the date of incident, when your membership is cancelled or expires.

Retroactive cover allows you to nominate a retroactive cover date to cover claims that might arise from health care services provided by you in previous years, of which you are currently unaware. If you do not nominate retroactive cover when you join MIPS you will not be provided indemnity by MIPS for any incidents that may arise from health care services provided by you prior to your membership start date.
MIPS may choose not to accept a membership application where a retroactive cover date prior to 01/07/2000 is required.

Example of cover

This diagram illustrates a claim under both claims incurred and claims made. MIPS indemnity cover is claims made.

• If the policies were claims-made then the incident would be covered by Insurer B because the incident was first notified in period 2 and occurred after the retroactive date. This is how MIPS' cover works.
• If the policies were claims incurred then the incident would be covered by Insurer A because the incident occurred within the period covered by Insurer A.

The potential for claims to arise from your previous practice may exist for many years after you cease practice. To remain covered for those emerging incidents an appropriate membership category which provides run-off cover is required.

Members with a membership basis of registrar, gross private billings/salary, hours per week (dental only), non-operating surgeon, prescribing/referral only or surgical assisting only are covered for volunteer work whilst in Australia. There is an expectation that at all times members have the appropriate training, qualifications, experience and membership category for the voluntary health services they provide.

Good Samaritan acts are covered in all countries except USA or countries where US law applies. The following outlines basic principles that will be considered in determining whether an event is of a “Good Samaritan” type:

• there should be no expectation that the member is available or would be available to provide health services; and
• the Good Samaritan act is provided in a voluntary manner; and
• any such assistance is in relation to unexpected and unanticipated events.

This cover is applicable to members in run-off membership categories.

Yes, indemnity cover can be provided for gratuitous (ie unpaid) work at sporting events in Australia but be aware of the conditions.

Members with a private practice basis (eg gross private billings, hours per week) are eligible for gratuitous services cover. A 'Gratuitous services' endorsement is required if your membership basis is 'employer indemnified only' or 'non-practising'.

Unless you are an emergency medicine specialist, you require prior assessment and approval from MIPS if practising in a 'high risk' setting for example, motor sports. You must also obtain approval if you will be unsupervised in circumstances where you would normally be supervised, or you undertake activities not covered under your membership classification.

It is expected that you have the necessary qualifications, training and experience and AHPRA registration for the healthcare services provided.

Good Samaritan cover always applies regardless, however, be aware that Good Samaritan cover is for unexpected events, not events where you have a prior arrangement to volunteer your services.

For indemnity cover for assisinting at sporting events outside Australia (ie international) you must complete an Application for Cover for Healthcare Services Outside of Australia and receive confirmation of cover.

See Assisting at sporting events for more detail about BOTH paid and unpaid work at sporting events.

Cover for supervision, training and mentoring is provided in accordance with clause 12.1.5 of the MIPS Members’ Indemnity Insurance Policy. MIPS will not indemnify you under the policy for any claim for or arising out of or in connection with the provision of health care by registrars, attachments, placements or trainees unless they were acting:

• Under your appropriate and adequate direct supervision; and
• Reasonably within the terms of their placement and protocols of the practice.

There is a requirement that at all times members have the appropriate recognised qualifications, training and experience for the health services they provide or supervise. 

You may be required by MIPS to cease certain treatments if MIPS considers the risks of that treatment unreasonable, the treatment is not endorsed by AHPRA or a specialist college, or your employer does not endorse it. See clauses 6.1 and 6.2 of the MIPS Members Indemnity Insurance Policy in the Members Insurance Covers Handbook for details. MIPS will give you 14 days’ notice asking you to stop providing or carrying out the treatment, procedure or practice. You must cease providing or carrying out the treatment when that notice takes effect.

You are required to notify MIPS in writing of any current or new conditions imposed on your provision of health care by registration bodies or your employer (or as a student your educational institution), registration body or clinical institution, when this occurs. If you do not inform us of this change it may prejudice your membership rights including cover under the MIPS Member’s Indemnity Insurance Policy, or the amount of assistance that will be provided.

It is a requirement for membership and insurance cover that any and all registration board conditions and requirements are met.

MIPS membership includes cover for clinical trials provided you meet certain criteria. Clinical trials and research projects being carried out in the public sector should be indemnified by the public sector institution (eg hospital, university) and you should confirm with them that appropriate indemnity is in place for your participation.

Indemnity cover is provided to MIPS members that participate in non employer indemnified clinical trials or research projects provided they meet the eligibility criteria below.

To be eligible for cover you must:

• Hold current AHPRA medical practitioner registration and have appropriate training, experience and qualifications for the healthcare activities undertaken
• Have an appropriate MIPS membership classification for the healthcare activities undertaken
• Have obtained ethics approval from a currently registered Human Research Ethics Committee with National Health and Medical Research Council (NHMRC) eg Bellberry
• Only treat patients located within Australia.

You ONLY need to apply for cover if you do not meet the above criteria, please complete a clinical trial application for individual assessment and approval.

Telehealth is covered under the Indemnity Insurance Policy, however, if you are an employee but your employer will not indemnify you for telehealth consultations you should read the MIPS FAQ on telehealth to check if you need to contact MIPS for assessment and approval. If assessment is required, MIPS will assess your request and advise in writing if your medical indemnity insurance cover and other membership benefits extend to your telehealth consultations. Complete the Practice Assessment Questionnaire to request an assessment

Members should be aware, and familiar with, the following factors when considering participating in telehealth services:

General requirements

• members have the appropriate recognised qualifications, training and experience for the health services they provide.

Guidelines and standards

• members are expected to consult and practice in accordance with The Medical Board of Australia Guidelines on Technology-based patient consultations. www.medicalboard.gov.au/Codes-Guidelines-Policies.aspx
• GP members are expected to consult and practice in accordance with the RACGP Guidelines and standards in respect of telehealth consultations located at www.racgp.org.au/your-practice/ehealth/telehealth/ which also provides useful guidance for non-GP members
• members are expected to consult and practice in accordance with the Medicare Guidelines and standards in respect of telehealth consultations located at www.medicareaustralia.gov.au/provider/incentives/telehealth.jsp

Physical examination

As outlined in section 2 of Guidelines on Technology-based patient consultations from the Medical Board of Australia, practitioners should “Make a judgement about the appropriateness of a technology-based patient consultation and in particular, whether a direct physical examination is necessary”. 

MIPS emphasises that in respect of telehealth consultations within a craft group where physical examination is an important and usual  element of a consultation that to ensure timely and accurate diagnosis and treatment, it is an expectation of MIPS (and in respect of best practice) that as well as the patient being ‘seen’ via a teleconference with their GP in attendance that the member (or alternate but equally qualified and experienced practitioner) will also see the patient in person at either the initial consultation (with telehealth then being used for interval management) or at the earliest opportunity commensurate with the clinical issue.

Specific queries in relation to telehealth can be directed to the Membership Committee at info@mips.com.au.

The MIPS Members’ Indemnity Insurance policy applies to healthcare so does not cover these types of activities. However, you can claim under MIPS Protections which is a discretionary cover for non-medical indemnity matters related to a member’s professional activities not otherwise covered by insurance.

Benefits of membership will only apply to the provision of healthcare within Australia or its territories or where proceedings are brought within Australia jurisdiction. MIPS Membership (including insurance covers) may extend to cover patients being repatriated to Australia. The following requirements apply to cover for medical repatriation to Australia:

1. You are a current MIPS member; and
2. the patient is being repatriated into Australia; and
3. you have the appropriate qualifications, training and experience for the services that are expected/may be required to be undertaken; and
4. you are in a MIPS membership classification that provides cover (or you agree to change your membership classification along with any
additional payment fee to an appropriate category) necessary for the type of not otherwise indemnified/private practice that is anticipated/may be required for the repatriation; and
5. you confirm that you will not clinically treat or take over care of the patient until the transfer of care from the local health team to yourself at the airport/on the plane
6. cover is excluded for claims in the United States or where USA law applies.

• Your name
• Nationality of patient;
• Reason (including condition of patient) for repatriation;
• Location of patient;
• Expected date of repatriation and date of arrival into Australia;
• Location where patient will be transported to

Confirmation requests may take up to 3-5 business days.

Under National Law it is a requirement that all healthcare practitioners have indemnity insurance cover. In a public hospital, your employer will generally provide this. In private hospitals, you may be required to organise this independently through an indemnity provider such as MIPS who aims to provide the best indemnity insurance in Australia.

All medical indemnity insurers in Australia specifically exclude cover where indemnity is provided by employers, for example a public patient in a public hospital.

It is prudent for you to take out additional independent cover to ensure you are covered in instances where the hospital indemnity cover is not adequate to cover you. For example, in situations where the Coroner’s Court is involved, MIPS will provide legal representation or guidance to its members.

Some indemnity providers may refer to retroactive cover as ‘tail cover’. This refers to any liability issues arising from healthcare services provided in your past practice. You can set your MIPS retroactive cover date as far back to when you first commenced your healthcare studies or practice in Australia.

Your MIPS membership fee is calculated by taking into consideration a variety of factors over the previous three membership (fiscal) periods and the forthcoming year, so only ever four years in total. This means you can have a retroactive cover date of five, 10, 15, or more years prior without the cost of your membership being affected any more than if you had requested three years.

This is MIPS’ approach to simplify pricing and better protect healthcare practitioners and the public they treat. It is important to note that in Australia your retroactive cover cannot precede 1 July 2000 as before then all indemnity insurance was provided on a claims-incurred rather than claims-made basis. See a further explanation of retroactive-cover.

Discretionary assistance may be provided under MIPS Protections. The MIPS Members’ Indemnity Insurance policy does not extend to cover tax audits. You can make a claim for MIPS Protections in the same way as any other notification to MIPS.

Indemnity Insurance Policy does not provide this type of cover.

MIPS’ members are provided communicable disease cover. This relates to needle stick injuries or any other way you acquire the disease provided it was acquired undertaking an authorised healthcare activity in Australia or overseas. This is a lump-sum benefit of $25,000 payable if you contract Acquired Immune Deficiency Syndrome (AIDS) or Human Immunodeficiency Virus (HIV), Hepatitis B or Hepatitis C.

Yes, MIPS’ Members’ Indemnity Insurance Policy includes telehealth as per any other provision of healthcare, but it is very important to understand, if you provide telehealth, that under Australian law, it’s where the patient resides that the healthcare is deemed to be provided. This means that if you are treating patients in New Zealand for example, via telehealth, your Australian indemnity will not cover you. You can also make an Application for Cover for Healthcare Services Outside of Australia.

Yes, where a claim is accepted, the MIPS Members’ Indemnity Insurance Policy includes cover for up to $20million for legal representation. This covers the cost for legal defence as well as representation during an investigation. It will also cover the cost of any damages that you are ordered to pay. MIPS’ cover is comprehensive and this doesn’t just refer to Australian courts, it also covers administrative or disciplinary proceedings, (including investigations by AHPRA, NSW HCCC and state and territory drugs and poisons authorities).

Yes, within the limits of discretionary assistance provided under MIPS Protections. MIPS has counselled and assisted members on how to remove defamatory social media posts and website reviews. MIPS however, does not provide financial assistance to employ a PR firm or compensation for defamation.

Yes, as part of your provision of healthcare MIPS will indemnify you for defence costs for proceedings before a hospital inquiry or professional body such as a college or AHPRA. This includes administrative tribunals, disciplinary hearing and investigations into healthcare provided by you and legal costs of a professional body, court or tribunal you are ordered to pay.  MIPS makes no distinction whether the legal representation is to defend your actions or to remove you from proceedings (ie removal from proceedings) and provides cover in both instances.

MIPS’ indemnity has no-sub limits, so any actions covered under the policy falls under the one limit of $20 million. If the civil case brought against you relates to your provision of healthcare then it does not matter whether it is a patient or a private health fund that brings the case, MIPS will defend you. However, if the matter relates to say, an accusation of fraud concerning billing, then MIPS’ policy is unable to respond.

Yes, if you are a MIPS member and you provide healthcare in an employer indemnity role where the healthcare you provide is covered under your employer’s policy, then MIPS is able to provide assistance through MIPS Protections. This may also be known as ‘indemnity dispute pursuit’. MIPS commonly assists members where employers are not meeting or where they are unable to meet their obligations (eg due to conflict of interest).

In these unlikely circumstances MIPS would MIPS is able to provide assistance through MIPS Protections. MIPS Protections gives MIPS the discretion to assist members in these plausible but unlikely events.

This is an unusual circumstance and MIPS would consider the merit of the request through the discretionary cover of MIPS Protections.

Yes, Good Samaritan acts are covered in all countries except USA or countries where US law applies. The following outlines basic principles that will be considered in determining whether an event is of a ‘Good Samaritan’ type:

• there should be no expectation that the member is available or would be available to provide health services; and
• the Good Samaritan act is provided in a voluntary manner; and
• any such assistance is in relation to unexpected and unanticipated events.

This cover is applicable to all members, including those in ROCS or ERP membership categories.

Yes, MIPS’ indemnity includes cover for advice on goods sold. You can only be covered where the product prescribed is registered under The Therapeutic Goods Act 1989 (Cth). There is no cover for any claim, investigation or proceeding arising out of the importation, manufacture, distribution or sale of any product except for dental practitioners.

Members are required to be in the correct membership category for the practice they wish to be indemnified for. For example, it is essential that you notify MIPS immediately if your circumstances have changed, for example your will exceed the estimate billings or salary you provided to MIPS or your primary practice state has changed.

When requesting a quote or applying for membership (or changing membership categories), you will be asked for  the following:

Estimated annual gross billings for non-employer indemnified practice (ie private practice)

The total of all billings generated by you from all areas of your practice for which you require medical indemnity cover (ie billings in your name or for work for which you are personally liable), including: Medicare Australia benefits, payments by individuals; and payments by the Commonwealth Department of Veterans Affairs, worker compensation schemes and third party and/or vehicle insurers, whether retained by you or otherwise, and before any appointment or deduction of any expenses and/or tax. Do not include billings where indemnity is provided by your employer.

Estimated annual salary for non-employer indemnified practice

If you undertake non-employer indemnified practice where billings are not generated by you or on your behalf you are required to include your annual salary for that practice to determine the level of cover you require. Do not include any salary where indemnity is provided by your employer.

Where indemnity is provided by the employer, the salary from that employment is not included in the calculation of gross private billings. If you are unable to determine your billings for work that is not employer indemnified then you may submit a written request to MIPS providing details of:

• Salary or hourly rate;
• Number of hours per week;
• Type of work or procedures you will be performing;
• Whether or not you will be supervised; and
• Any other information that may be relevant to the selection of an appropriate membership category.

Details of Medicare billings can be obtained by contacting the Medicare Provider contact centre. Medicare will be able to provide details of Medicare services billed in your name and the gross charges for particular periods. Requests to Medicare should be on your letterhead and include the respective provider numbers or stem, details of the period/s required and any other relevant information.

Medicare provider enquiries can be directed to:

• Phone: 132 150 (select Option 5 – all other enquiries)
• Email: medicare.prov@medicareaustralia.gov.au
• Mail: Medicare GPO Box 9822 (in your capital city)

We strongly recommend that if you are unsure of your medical indemnity insurance status, you should request that it be confirmed in writing by your employer. Alternatively, medical practitioners employed under contract in the public hospital system may contact the Australian Salaried Medical Officers Federation (ASMOF) for advice regarding the indemnity provided under their contract.

Yes. It is an AHPRA requirement that you have appropriate indemnity so unless your employer provides this you must obtain indemnity from a provider such as MIPS. Your membership can be endorsed for 'surgical assisting only' if this is the only private work you are undertaking outside of your employer indemnified role.

If you are a direct employee (PAYG with superannuation being contributed) of the hospital or organisation, it is likely that you will be covered by their indemnity arrangements. However, you should always obtain written confirmation from the employer that your conditions of employment include indemnity cover provided by them.

If you are employed as a contractor (using a tax invoice and ABN Number) or are employed through an agency, it is most likely that you will need your own ‘private practice’ cover (eg through MIPS) unless the employer has made special arrangements and has confirmed in writing that they are providing indemnity cover for you.

You should select the category that reflects your field of specialty (eg surgery, GP etc). You may be eligible for a recent graduate basis and MIPS will asses your risk based on previous practice and take into account that you are undertaking a training program when calculating your membership fee.

To ensure that you do not prejudice your rights to the benefits of membership including insurance covers, you are required to notify MIPS of any change in the nature of health services provided by you as soon as you become aware of the change and to select an appropriate membership category. Changes to your membership category may result in an amendment to your membership fee and you may also be required to sign a declaration confirming that you have notified MIPS of any incidents that may arise from your prior practice.

MIPS medical indemnity insurance cover and other membership benefits do not automatically extend to practice or claims outside of Australia.

Practitioners escorting Australian cultural and sporting groups or providing gratuitous health services to third world countries as part of an aid programme must contact MIPS to notify that intention and seek MIPS agreement and endorsement for extension of cover for that activity. Members are required to select an appropriate membership category that includes private practice cover.

Cover under the MIPS Members’ Indemnity Insurance Policy can be provided to hospital/employer indemnified members employed in any country except the United States of America (USA) or countries where the laws of the USA apply. This cover is subject to individual member application and approval.

Please note that MIPS Members’ Indemnity Insurance Policy does not extend to the USA or where US laws apply. Students conducting an elective in the USA can find information regarding malpractice insurance through the American Medical Students Association.

Yes. The benefits of MIPS membership apply throughout all Australian states and territories. Your Member Benefit Statement reflects the practice state where the majority of your private billings are generated in any membership period. If your practice state changes you are required to notify MIPS as soon as you become aware of the change.

You are required to notify MIPS of any change in the location in which you provide health care to ensure that you do not prejudice your rights to the benefits of membership including cover under the insurance covers or the amount that you are indemnified for a claim. Any changes to your membership may result in an amendment to your membership fee. You may also be required to sign a declaration confirming that you have notified MIPS of any incidents that may arise.

When you cease practice, liability or potential liability relating to your past clinical practice continues. Medical indemnity insurance in Australia is offered on a ‘claims made’ basis. This means that when you cease MIPS membership, you will no longer be covered for any new incidents or claims that are subsequently notified.

The potential for claims to arise from “incurred but not reported incidents” may exist for many years after you cease practice. It is therefore very important to maintain your membership with ‘run-off’ cover after you cease practice to remain covered.

Various membership categories may apply depending on your individual circumstances. These are outlined in our Membership Classification guide. Medical practitioners may be eligible for the Government funded Run-Off Cover Scheme (ROCS). Medical practitioners that do not qualify for ROCS need to apply for Extended Reporting Period cover until they meet the ROCS eligibility requirements.  See If I cease practice in Australia, do I still need cover?

ROCS provides Medical Indemnity run off cover to medical practitioners who have left private practice and meet the eligibility requirements at no cost. ROCS eligibility may apply if you are a private medical practitioners and leave the workforce:

• after age 65;
• because of permanent disability;
• on maternity leave;
• upon death ; or
• when leaving the country after working as a doctor under visa subclasses 422 (medical practitioner) or 457 (business (long stay).

If you leave the workforce for reasons other than the above, you will become eligible for ROCS after three years. To remain covered you will be required to purchase run off cover referred to as Extended Reporting Period (ERP) cover. If you do not purchase run off cover, and are not yet in ROCS, you will be uninsured. This means you will personally bear all the costs of any legal action against you, relating to your previous medical practice.

ERP cover provides protection for emerging, ‘incurred but not yet reported’ claims for members who have permanently ceased practice but do not qualify for ROCS. Under ERP cover (which includes ROCS) MIPS may respond to a claim subject to:

• the previously unknown incident being reported after cessation of Australian medical practice; and
• the previously unknown incident occurred after the retroactive date shown in your last pre-run off cover membership benefit statement; and
• the previously unknown incident is of a type that would have been covered if reported at the time it occurred and/or under your last pre run off cover membership.

If you have ceased practice and choose not to accept an ERP or ROCS offer, you will not be covered for matters that relate to your practice prior to your cessation of practice.

Your membership fee for run off cover is calculated on a number of factors including, cover start date, retroactive cover date and membership categories and practice state/s for previous membership periods. Your membership fee may reduce when you qualify under MIPS Loyalty benefits (when you are a member of MIPS for 5 or more continuous years) or when you qualify for ROCS. The ROCS levy amount is calculated at a rate of 5% of the medical indemnity cover premium paid for you by MIPS.

MIPS will offer you annual membership cover until an offer is declined.

Medical practitioners, after not practicing in Australia for three continuous years, may qualify for ROCS. You may qualify earlier for ROCS (for example if you turn 65) during those three years.

Yes, if you wish to maintain access to cover for matters not covered by your employer, such as:

• Professional disputes with your employing hospital
• Medical or Dental Practitioners Board complaints
• Coroner’s inquests
• Health Services Commissioner matters and
• General assistance and clinico-legal advice.

In the unlikely event that your employer refuses to indemnify you, you may seek assistance from MIPS under MIPS Protections for non-medical indemnity matters.

Run off membership with gratuitous services may be appropriate if you have completely retired from practice but still undertake gratuitous work where such work is permitted by the Australian Health Practitioner Regulation Agency. Gratuitous service is where no payment is received for the voluntary provision of health services such as referrals or prescriptions. A nominal additional charge applies.

If you are temporarily ceasing practice and you do not intend to provide gratuitous services but wish to maintain the benefits of membership, there may be other appropriate membership arrangements available. Please call 1800 061 113 for further information.

Please complete the Ceasing Practice or Cancelling Membership Form and return to MIPS. Once received, MIPS will issue you with the appropriate documentation.

With run-off cover

Dr Green advises MIPS that he is ceasing practice and wants to change to run off cover from 2 May 2017. His details are as follows:

• Membership expiry: 30 June 2017
• Retroactive cover date: 1 July 2008
• Cease practice: 1 May 2017

At renewal, Dr Green renews his membership with a ‘run off’ basis for the next year. On 1 November 2017, Dr Green is made aware of an adverse outcome regarding a patient they treated in 2014.

Dr Green contacts MIPS to request assistance. MIPS is able to respond and assist with this potential claim because:

• it arose out of a clinical incident during the period between the members retroactive cover date and the end date of their last non run off cover membership; and
• MIPS has been notified within a current membership period.

Without run-off cover

Dr Browns advises MIPS that she is about to cease practice and does not want any run off cover.

• Membership expiry: 30 June 2017
• Retroactive cover date: 1 July 2008
• Cease practice: 1 May 2017

Before Dr Brown ceases practice and allows her membership to lapse at 30 June 2017. She does not acquire any run off cover with MIPS. On 1 November 2017 Dr Brown is made aware of an adverse outcome regarding a patient they treated in 2014.

MIPS is unable to respond or assist with this potential claim as the practitioner.

• does not hold a current MIPS Membership;
• the claim has been notified outside of the membership period, even though the incident occurred during the practitioners retroactive date and end date of the lapsed medical indemnity insurance cover.

Medical Indemnity Protection Society (MIPS) and the Medical Protection Society (MPS) have an arrangement for MPS members seeking medical indemnity cover whilst undertaking employer indemnified only practice in Australia. As a reciprocal member your membership fee will be paid in full by MPS.

MIPS reciprocal membership will provide members with cover and assistance for matters that may not be covered by employers, which may include:

• professional disputes with your employer
• registration board complaints
• coroner’s inquests
• health services commissioner matters
• investigations by state drug and poisons services
• general assistance and medico-legal advice on issues such as informed consent, testamentary capacity, when to report to the coroner, release of medical records etc.

Please note that reciprocal medical indemnity cover will not provide indemnity for civil claims arising from salaried work. However, you may approach MIPS for assistance if you have concerns that your employer is not meeting or is unable meet (eg due to conflict) their obligations to you.

MPS members who intend to practice in Australia in a fully employer-indemnified position are eligible for MIPS reciprocal membership, provided they maintain their MPS membership throughout the period of reciprocal membership.

Employer indemnified practice refers to practice where your employer has agreed to indemnify you for any civil claims as a result of your acts, errors and omissions in carrying out your duties. This type of practice is usually undertaken in a public hospital setting however you may also be indemnified by your employer in a private setting.

If you are employed as a contractor, and you have received confirmation (from either your employing hospital, clinic or locum agency) that you are indemnified for civil claims that arise from your healthcare practice, then your practice is considered to be ‘employer indemnified’.

Reciprocal membership is limited to a maximum of a two year period from the initial commencement date of practice in Australia.

After this period, if you wish to maintain cover for your practice in Australia you will be required to contact MIPS to amend your membership details to an appropriate non-reciprocal membership classification.

To extend your original period of reciprocal membership, please contact MIPS and update your placement end date. Please remember to keep MIPS up to date with any changes to your contact details, practice dates or circumstances in Australia.

Any form of private practice (ie practice outside an employer indemnified setting) will not be covered under the reciprocal arrangement. If you wish to undertake private practice in Australia please contact MIPS to amend your membership details to a non-reciprocal membership classification.

Once your membership with MPS ceases, you are no longer entitled to reciprocal membership with MIPS. If you are still practicing in Australia please contact MIPS to amend your membership details to a non-reciprocal membership classification.

Prior to ceasing practice in Australia you need to update your membership details to obtain run-off cover for your past practice by completing the online Ceasing Practice in Australia form. As Medical indemnity insurance in Australia is offered under a ‘claims made’ basis, there is a requirement for medical practitioners to maintain appropriate run-off cover for their past practice. Run-off cover under the reciprocal arrangement is offered to you at no cost.

Based on the information provided you may be eligible for ROCS or ERP run off cover.

If you do not complete and return this form to MIPS after you cease practice in Australia your membership will lapse effective 30 June.

If your MIPS membership lapses, your benefits of membership (including insurance covers) cease and you are no longer covered for any new incidents or claims that are notified to MIPS even if those events occurred while you were a member of MIPS.

ROCS is an Australian Government scheme that offers run-off cover to eligible medical practitioners at no cost.

Reciprocal members who work in Australia as a doctor under visa subclass 422 (medical practitioner) or 457 (business long stay) are eligible for ROCS once they leave Australia. The cover under ROCS is the same as your last indemnity insurance contract with MIPS prior to or at the time of eligibility for ROCS.

ERP cover is offered to reciprocal members who do not qualify for ROCS (ie not having worked in Australia under a visa 422/457). ERP cover will provide members with run off cover for any matters that may be reported to MIPS after you leave, that arises from your medical practice whilst in Australia. ERP cover will be continued to be offered for 3 years at which time you will qualify for ROCS. Cost for ERP cover is waived for MPS members completing employer indemnified work within two years. A cost for ERP cover will apply for MPS members who undertake non employer indemnified work or extend their practice over the two year maximum period.

Yes, under MIPS' Indemnity Insurance Policy, telehealth is covered, however subject to defined guidelines. In most cases you do not need to contact MIPS to request assessment and approval, but in some cases, this may be a requirement.

MIPS Membership benefits (including insurance covers) extend to technology-based health services subject to the following guidelines:

• You and the patient are located in Australia.
• Your practice is in accordance with AHPRA's and specialist colleges' requirements, guidelines and advice.
• You hold current AHPRA healthcare practitioner registration.
• You have appropriate training, experience and qualifications for the healthcare activities undertaken by you.
• You have an appropriate MIPS membership classification for the healthcare activities undertaken by you.

If you do not meet the guidelines above or have a query about telehealth and the services you provide, complete an online Practice Assessment Questionnaire for individual assessment.

The expectations of healthcare practitioners delivering patient consultations or services via telehealth or face to face do not differ. All registered health practitioners can use telehealth as long as telehealth is safe and clinically appropriate for the health service being provided. AHPRA expects that:

• You will practice in accordance with your National Board’s regulatory standards, codes and guidelines, specifically that you will:
  • act in accordance with the standards set out in your professions’ Code of conduct or equivalent including expectations about confidentiality and privacy, informed consent, good care, communication, health records and culturally safe practice.
  • ensure you have appropriate professional indemnity insurance (PII) arrangements in place for all aspects of your practice, including telehealth consultations.
• You are aware of and comply with:
  • state and territory legislative requirements including (but not limited to) authorities that regulate heath records
  • privacy legislation and/or any other relevant privacy requirements
  • when appropriate, the use of government health and prescription monitoring services such as Prescription Shopping Programme, SafeScript, My Health Record, Healthenet, and
  • any other relevant legislation and/or regulatory requirements.

The Medical Board of Australia has developed Guidelines for technology-based patient consultations

All state and territory health departments have developed information and resources about telehealth.

The MBS Online has information specific to the new temporary bulk-billing items for COVID-19. NSW State Insurance Regulatory Authority and Worksafe Victoria have released guidance about the use of telehealth.

You should be aware of, and be familiar with the following requirements when considering participating in telehealth services:

• You must have appropriate recognised registration, qualifications, training and experience for the health services you provide.
• You are expected to consult and practice in accordance with AHPRA codes and guidelines
• You are required to consult and practice in accordance with your relevant collegiate guidelines and standards.
• You are expected to consult and practice in accordance with the current Medicare Guidelines and standards in respect of telehealth consultations

No. You can never bill Medicare for treatment provided while either you or your patient were outside of Australia. As a taxpayer funded scheme, the government uses this a control. Medicare benefits are only payable for services rendered IN Australia and the relevant interpretation of this provision has always been that both the doctor and patient must be physically present in Australia at the same time when the service is provided. Medicare are able to ascertain when practitioners are simultaneously outside of Australia and have billed Medicare.

Video conferencing is strongly preferred as this is likely to provide a more comprehensive consult and , improved quality of care to your patient .

The decision to conduct a phone or video consultation is at the discretion of the health practitioner but depends on a variety of issues such as the purpose of the consult , the patient having compatible technology and ability to deal with a remote consult

Some conditions and consultations are not appropriate for telehealth. Telehealth must only be offered if measures are in place for patients to have a face to face consultation when this is clinically necessary.

You are encouraged to exercise your clinical judgement to assess the risks of not conducting face-to-face consultations in the following instances:

• patients with high-risk potentially serious conditions who are unable to self-monitor appropriately
• when a physical/direct examination is pivotal to support clinical decision making
• when a patient’s ability to communicate effectively over the phone or through video is compromised and there is unavailability of a support person
• circumstances where there is doubt about the appropriateness of a phone or video consultation.

As outlined in section 2 of Guidelines on Technology-based patient consultations from the Medical Board of Australia, practitioners should “make a judgement about the appropriateness of a technology-based patient consultation and in particular, whether a direct physical examination is necessary”.

In a telehealth consultation, the healthcare service is considered to be located in the country of the patient NOT the practitioner. Your membership benefits (including insurance covers) will not extend to any claim for or arising out of or in connection with the provision of healthcare outside of Australia or its Territories unless agreed in writing by MIPS.

In the event that you are not located in Australia when providing telehealth services to a patient located in Australia, you should submit information in writing to MIPS for assessment and clarification.

The risks of complaints, claims, investigation and reputational risks are always present. The clinico-legal risks may stem from several causes such as failure to diagnose, late diagnosis or misdiagnosis, inadequate reassurance about symptoms, or failure to properly refer to another practitioner. These risks are increased due to:

•  the intrinsic limits imposed by conducting a clinical assessment remotely.
• the inability to perform a hands-on assessment and examination

, rather than the capabilities of the health professional providing the telehealth service.

You can reduce the risks to patients, your clinico-legal risks and reputational fallout by:

• obtaining and documenting valid consent to treatment
• maintaining accurate and updated records and their security
• ensuring optimal quality of technology equipment
• ensuring optimal storage of images.

You can also minimize the risk of omitting or missing key information by:

• being mindful of language, cultural or communication barriers
• asking open ended questions to gather ample types of responses
• keeping language as simple as possible
• remaining alert for any verbal, physical or emotional cues that may communicate key information about the patient
• assisting patients to use any home monitoring devices available to them
• determining the patient’s functional status and availability of support network
• creating a contingency plan if the patient’s situation deteriorates further.

Risks associated with telehealth services can be minimized by having prior knowledge of the patient’s history and access to updated and detailed records. Ideally, there should exist a previous relationship between the patient and healthcare professional and/or clinical practice offering the service. However, this is not an essential requirement.

MIPS recommends you seek professional IT assistance if you are not confident you can conduct telehealth securely. No specific equipment or software is required to deliver Medicare-compliant telehealth services. There are a number of paltforms designed for Australian health care practitioners. Freely available video calling apps and software are acceptable. However, non-commercial versions of these may not meet applicable laws for security and privacy. Practitioners must ensure that their chosen telecommunications solution meets their clinical requirements and satisfies privacy laws.

You should follow a similar approach to face-to-face consultations. That is:

• Maintain updated and individualized health records of patients in written form.
• Obtain verbal informed consent from the patient to proceed with a telehealth consultation and keep record of this consent in their medical records.
• Record the details of any other persons present during the telehealth consultation.
• Record whether the consultation was via telephone or video conferencing.
• Document any clinical finding and follow-up if needed.
• Document any technical issues during the telehealth consultation that may have compromised the quality or safety of this service.

An approach similar to health records as detailed in Good Medical Practice should be considered.

A patient’s electronic medical record should be held and stored in the clinical practice. Another secure and consistent method must be put in place if this is not available to the practitioner.

At the start of the consultation, doctors should confirm the identity of the patient by asking their name, address and date of birth. Additional persons participating in the phone or video consultations should also be formally identified at the start of the session. Patient’s consent for other parties to be present in the consultation should also be recorded. The healthcare practitioner should confirm his/her identity.

Technology mediated consultations are subject to the same standards, legislative norms of consent, confidentiality and privacy as face-to-face consultations. Doctors are encouraged to:

• allocate a quiet and private space from which to conduct the phone or video consultation
• treat this as any other face-to-face clinical consultation
• put systems in place to avoid interruptions (do not disturb signs)
• have access to back-up systems (phones in case of video consultations fail)
• ensure the physical security of the information shared during the consultation (read/write access).

Doctors using an existing telehealth platform may already have an online prescription service that sends prescriptions directly to a pharmacy so the patient does not need to take it to them.

Where you do not have this function (and within the temporary COVID-19 arrangements), you should use the simplest and most effective methods for provision of prescriptions, radiology and pathology requests and other clinical referrals for patients in the interests of care continuity. Patients isolated at home with existing paper prescriptions can create a digital copy (eg photo) and send it to their pharmacy.

Email is currently not standard practice for electronic communication of clinical paperwork due to risks of interception. However, due to the COVID-19 outbreak, emails are considered as an adequate method of transmission of clinical paperwork. Informed consent from patients to use emails should be obtained and documented in the patient’s health record. Fax machines are considered an acceptable form of transmission of clinical paperwork if email is not available.

Not all medicines are included in this temporary arrangement and schedule 8 and 4(D) medicines are not included as part of this temporary arrangement. They must be supplied according to the current prescribing arrangements.

It is anticipated that GPs will be able to generate electronic scripts as part of the Government COVID 19 health plan.

Risk education is a benefit of membership and can minimise the risk of:

• an adverse or unexpected outcome to patients
• complaint, claim or investigation for all members. 

It is designed to minimise the clinico legal and regulatory risk of all health practitioners.

AHPRA codes of conduct require members to have an understanding and apply the key principles of risk minimisation and management in health practice. AHPRA applies a mandatory registration standard for continuing professional development for all health practitioners which can be audited. Most MIPS risk education is accredited and applicable to members' CPD requirements. 

MIPS provides Autumn and Spring education programs. This comprises face to face interactive workshops throughout Australia, convenient evening webinars and a range of online units (all year around). Key risk education or emerging issues are covered. MIPS also provide access to accredited CPR training which meets member requirements. Risk related articles are provided in the 'MIPS Matters' and industry news and case studies are provided online.

Risk education is based on MIPS’ complaint, claim and investigation experience, emerging trends, as well as the wider experience of the medical indemnity industry. It is also influenced by the MIPS Constitutional object “to promote honourable practice and discourage irregular practice”. The common law, AHPRA codes of conduct, College resources and industry curriculum such as the Australian Curriculum Framework for Junior Doctors in Australia, are also considered when formulating our education framework. 

MIPS' clinico-legal advisers present the education and are complimented by external providers such as the Cognitive Institute and other experienced health practitioners with an interest in risk education, all excellent communicators and experienced educators. 

MIPS' clinico-legal advisers present the education and are complimented by external providers such as the Cognitive Institute and other experienced health practitioners with an interest in risk education, all excellent communicators and experienced educators. 

MIPS accredits education with the RACGP and ACRRM. All accredited education will count towards a member’s mandatory CPD requirement. You will be asked for your College CPD reference when completing an evaluation. MIPS processes member CPD for accredited College education soon after the event. Members may also apply to their College to consider the education as part of their self directed learning or CPD requirement. Details of the CPD available for each workshop and webinar event are included in each program. Full details of CPD for all events and online modules are available on the website.

Members completing any risk education event receive a Certificate confirming the topic, date completed and duration of the education. Members can download these from MIPS My Membership at any time. Please note that it may take 3-5 working days for it to appear on My Membership and/or to receive a certificate. Where education is provided through an external provider such at the Cognistite Institute or Red Cross, certificates are provided through the provider and may take longer.

Yes, these can be viewed online. Please have your membership username and password ready as you will be prompted to provide these.

If you try to register and the workshop is full, may wish to be waitlisted. By doing so, once a position becomes available, you will be notified.

No - this is a membership benefit and provided to members at no extra cost.

When establishing our risk education program we try our best to balance the demands and demographics of our membership base to determine appropriate locations and timing to maximise attendance.

We appreciate that members would like to see more easily accessible locations and we continue to look at ways we can do this that are affordable. For example holding multiple workshops on a single day may assist those travelling a long distance. Alternatively, we continue to build on our online risk education offering and hope to offer webinars in the future of our more popular events.

Yes. All completions and attendance at a workshop, webinar or online module will be recorded on the member’s risk education history available through MIPS My Membership.

If you are attending a CPR workshop, you will require one of these. As of 1 January, 2015, the Federal Government require all training providers such as Red Cross to ensure students completing CPR courses have a USI. This enables recording and tracking of individual and training providers’ education.

Please go to www.usi.gov.au to create one before attending the training. Please bring this, with photo identification to your CPR workshop.

Yes. MIPS can provide a range of risk education to students and young practitioners in hospitals or to a specific cohort of practitioners throughout Australia in order to minimise risk for individuals and organisations. Requests for risk education can be forwarded to education@mips.com.au.