FAQs

Categories

  1. Doctors
  2. Students
  3. Medico Legal
  4. Risk Management
  1. Doctors

    1. How do I join?

      Applying for membership and medical indemnity insurance with MIGA is easy.

      Download our Guide to the Application Process.

      Simply call MIGA on 1800 777 156 to discuss your insurance needs and we will provide you with a quote over the telephone.

      Alternatively download the following:

       

    2. What is retroactive cover and why do I need it?

      Retroactive cover provides you with medical indemnity insurance for claims that are first made against you and notified to us in writing during the Policy Period and which arise from circumstances that occurred before the Policy Period commenced. The Retroactive Date represents the earliest date on which a circumstance giving rise to a covered claim could have occured.

      If you are moving from another insurer, where you were covered on a claims made basis, MIGA can provide you with retroactive cover for your prior practice. This means you will be covered for what is often referred to as your "tail".

      It is extremely important to consider whether you require retroactive cover or whether there are any gaps in your existing retroactive cover as you may be personally liable for any claim if an incident occurred during a period for which you were not adequately covered.

      As a guide, you may require retroactive cover if any of the following circumstances apply:

      • Your claims incurred membership with an MDO was not continuous (ie you had gaps in your membership)
      • You had claims incurred membership with an MDO but you were not a financial member of the MDO at the time you resigned or left
      • You had claims made membership with your prior MDO and did not purchase run-off cover at the time you resigned or left
      • You purchased run-off cover at the time you resigned or left your prior MDO on an annually renewable basis, which you have not maintained
      • You had a prior period of claims made insurance with an insurer for which you did not effect and maintain run-off cover
      • You practised without membership of an MDO and/or without insurance (ie you were self insured)

      MIGA may be able to provide you with cover in the above circumstances. Simply contact our office on 1800 777 156 to discuss your situation and we will review your retroactive cover requirements.

      For more details please refer to Section 3 of the Combined Financial Services Guide and Product Disclosure Statement.

    3. What is Extended Reporting Benefits or Run-off cover?

      The Policy offered by Medical Insurance Australia is on a claims made basis. If at any time you no longer require ongoing medical indemnity insurance or you move to a lower risk Category, you may require Run-off cover.

      Run-off cover insures you for claims made in the future which relate to practice in which you no longer engage.

      MIGA can provide you with Run-off cover to suit your individual circumstances, simply contact our office on 1800 777 156 to discuss your requirements.

      For more detail please refer to Section 6 of the Combined Financial Services Guide and Product Disclosure Statement.

    4. Am I covered for practice overseas?

      Cover is automatically provided by Medical Insurance Australia for Practise outside the Commonwealth of Australia, provided the period of overseas practise does not exceed 120 days in the policy period.

      Please note however, no cover is provided in relation to incidents which occur in USA and a jurisdiction in which the laws of the USA apply.

      We can consider providing cover for practise overseas that exceeds the time limit in the automatic extension.

      It is important that you indicate on your Application or Change of Details Form if this is required, or contact our Client Services Department on 1800 777 156 to discuss your insurance requirements.

    5. What is PSS?

      The Premium Support Scheme is a Federal Government Scheme that was introduced from 1 January 2004 to assist doctors with affordability of medical indemnity insurance.

      Click here for more information on PSS and other Federal Government Schemes.

    6. What do I need to declare as Gross Income?

      Gross Income means:

      The total of all billings generated by you from all areas of your practice for which you require medical indemnity cover for the Policy Period (in your name or for which you are personally liable) including without limitation:

      • Medicare benefits; and
      • payments by individuals, the Commonwealth Department of Veterans' Affairs, workers compensation schemes and third party and/or vehicle insurers; and
      • income earned for medical practice overseas that is covered by the Policy

      whether retained by you or otherwise and before any apportionment of any expenses and/or tax.

      If as part of practice, you derive income from any other sources (such as professional fees, incentive payments, etc) this income must be included in the declaration of Gross Income.

      Please note the following:

      • The Gross Income you must declare is the total of the amounts set out above.  It is not sufficient to declare only your gross taxable income or net after tax income
      • If you are an employee and you are not indemnified by your employer for your work and are paid a salary and/or a percentage of your income, you are still required to determine your Gross Income as per the above definition
      • In relation to Medicare billable procedures, you need to include the amount that you have billed the patient for the procedure not just the Medicare rebate amount.

      If your actual Gross Income exceeds your estimated Gross Income you must notify us immediately.

    7. What is claims made insurance?

      The Policy offered by Medical Insurance Australia is on a claims made basis. This means the Policy will respond to claims first made against you and notified to us in writing during the Policy Period so long as the incident or circumstances giving rise to the claim occured after your Retroactive Date, and subject to the full Policy terms and conditions.

      For more details please refer to Section 3 of the Combined Financial Services Guide and Product Disclosure Statement

    8. I am indemnified by the public hospital, so do I need any other cover?

      Whilst you may be employed and indemnified by a public hospital there are some things that you may not be covered for, which may include:

      • Legal costs and expenses incurred in relation to inquests, inquiries, investigations or complaints arising from:
        • Medical Board or other tribunal matters
        • Coronial inquiries
        • Health Insurance Act inquiries
        • Criminal investigations and proceedings
        • ACCC inquiries
        • Pursuing complaints or proceedings in relation to a contract as a VMO
      • Private practice
      • Good Samaritan Acts and Gratuitous Advice.

      MIGA offers a range of insurance options tailored to the needs of doctors who are employed but still need to arrange some level of insurance.

      Click here for more detail on our Employer Indemnified insurance.

      We strongly recommend you obtain confirmation in writing that you are indemnified by your employer and the terms, conditions and exclusions of the indemnity provided. 

    9. What is ROCS?

      ROCS or the Run-off Cover Indemnity Scheme is a Federal Government Scheme that came into effect on 1 July 2004. The aim of ROCS is to provide eligible doctors with access to free run-off cover for claims after they retire from private medical practice at age 65 or over, if they retire due to permanent disablement, or in some other circumstances including if they are on maternity leave, die, or leave Australia.

      Click here for more information on ROCS and other Federal Government Schemes.

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  2. Students

    1. Why do students need insurance?

      In many States, medical students are required to be registered with their Medical Board.  This registration provides Medical Boards with the power to conduct inquiries in relation to your conduct should they become aware of any possible issues via a complaint or report to the Board. If you are required to appear before a Medical Board you may also need to arrange your own legal representation.  This can be costly. The Free insurance cover MIGA provides to students can assist you with this by not only meeting the costs of legal representation, but also by providing you access to highly experienced lawyers who specialise in this area.

      Why take unnecessary risks when Free insurance cover is available to you?  

      In addition, students completing electives and clinical placements are exposed to medico-legal risk. Some placements will require you to provide proof of insurance. Another good reason to ensure you're covered!

      Even as a Medical Student you never quite know when you could become involved in a medical emergency.

    2. Has a student ever been sued for compensation?

      Yes, but thankfully these incidents are rare. The low incidence is largely a result of the quality of the supervision provided to medical students during their placement. However, in some States students are required to be registered with the Medical Board, so you should consider maintaining insurance for legal expenses as a minimum.

    3. Why should I join MIGA as a student?

      As a student member of MIGA you will have access to a number of valuable services and benefits:

      • FREE insurance and membership - The extent of the cover provided is outlined in our Student FSG/PDS and Policy Wording, so you will always know what your entitlements are
      • Opportunity to participate in MIGA's Student Elective Grants Program
      • Regular student competitions
      • MIGA's bi-monthly Bulletin - keeping you informed about medical indemnity issues
      • Access to MIGA's Risk Management workshops
      • Representation via our Medical Advisory Panel

      Plan ahead, join today!

    4. Why does MIGA offer the Student Elective Grants Program?

      At MIGA we see the Student Elective Grants program as a practical way for us to assist medical students to develop their skills and to assist developing communities from around the world that are in need of medical services. By offering the Student Elective Grants program we hope to achieve three objectives:

      • To bring medical skills to communities in desperate need
      • To provide medical or other aid to the community in a key area as identified by the student, and
      • To enrich the student's learning experience through exposure to new cultures and the delivery of health care in a different setting.

      Through our funding and your skills, together we can make a difference! 

      The Student Elective Grants Program has operated since 2004 and in that time many developing communities from around the world have been touched by the medical students who have freely given their time and expertise.

      Saving the sight of a single person can have a tremendously positive ripple effect. Seemingly minor interventions can have far reaching, long term positive impacts on the patient, their family and wider community.

      Your skills can make a difference! 

      Click here to go to the Student Elective Grants Page. 

    5. What happens if you start your intern year during 2010/2011?

      If you have a Student Policy from 1 July 2009 to 30 June 2010, and you start your intern year on 1 January 2010 (for example), then your Student Policy will automatically expire and you will be offered replacement medical indemnity insurance to cover your practice as an Intern from this date, expiring on 30 June 2010, at no charge to you. Please refer to the Medical Student Combined Financial Services Guide and Product Disclosure Statement for full details regarding your cover as an intern.  

      Plan ahead, join today!

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  3. Medico Legal

    1. I have completed the Claims and Circumstances Form and sent it to you, what happens next?

      The next steps to manage your claim will be considered.  These may be:

      • A letter of acknowledgement to you together with a request for further information if indicated eg a copy of your notes or a meeting with you to discuss the matter
      • If action is required we will discuss that with you eg a letter of response to be prepared to a complainant or notes sent to a solicitor
      • If the notification is a claim which has already commenced i.e. proceeedings issued, we will instruct our external solicitors to assist with management of the claim.  MIGA has a panel of solicitors who have expertise in medical law.  We will discuss the choice of solicitor with you
      • We aim to attend the first meeting with you and the solicitor and will continue to provide instructions to the solicitor during the claim
      • You will need to meet with the solicitor to provide information from time to time.
    2. Do I need to send you the patient's original notes?

      Whether we need to view patient notes is determined on a case by case basis.  We will contact you if, upon reviewing the Claim Form, we believe we need to access the patient record.  If we decide to view the notes then we will ask you to send us a copy of the notes, or we will meet with you and obtain a copy at that time.

    3. I am the subject of a claim, how long will it take to resolve?

      This depends on a number of issues including severity of the injury and complexity of the medical issues.  Duration is also determined by how much investigation is required to clarify issues of 'negligence' and whether the injury and loss which flows can be assessed with any degree of certainty.

      Small claims are often settled within a few weeks.  Most claims are resolved within two years and very serious claims eg birth injury, can take over ten years to resolve.

    4. Do I need to tell the Medical Board that I am the subject of a claim?

      Each State and Territory (except NSW and ACT) require medical practitioners to notify the Medical Board when they become subject of a claim and when that claim resolves.

      Each State has slightly different requirements and reporting triggers.  We can assist you with preparation of the notification when it becomes necessary to do so.  We recommend you contact us before notifying the Board of a claim so that we can advise you on your obligations.

    5. I feel very anxious about this claim, can you help me with this?

      Each year MIGA assists doctors handle the emotional pressure associated with a claim or investigation.  Some members cope with this pressure better than others, some seek help and support and others don't.  Some doctors who have a claim are reluctant to seek out the support they need.

      We have developed the Doctors' Support Service so that members who are the subject of a claim can access support on a confidential basis.  We can provide members with access to independent professional medical advice or to a peer who can provide confidential guidance and support.

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  4. Risk Management

    1. Do I need to send in a copy of the practice accreditation certificate each year?

      Yes, a copy of the practice accreditation certificate needs to be faxed or posted to MIGA each year for 2 IRM Points to be awarded. We request a copy annually because:

      • Accreditation cycle start and finish dates vary
      • You may cease working at the site
      • Accreditation may be suspended

      Please remember to include your name and SM number when faxing certificates to MIGA.

    2. How do I access the Clients' Area of MIGA's website?

      If you are a member of MIGA you can access the Clients' Area by following these simple instructions:

      • Click on the Client - Log In tab located at the top of the screen
      • Enter your Member Number and Password and then click on 'Go to Client Area' located at the left of the screen
      • You can now see a summary of your details and using the menu at the left of the screen you can perform a number of functions.

      If you have any difficulties or cannot remember your password contact the Risk Management Department during business hours on 1800 777 156.

    3. How do I know how many IRM Points I have for this IRM year and previous years?

      You can access your IRM Point history by following the steps outlined above to access the Clients' Area. If you then click on the menu item 'IRM Program', you will be provided with your IRM Program Point history for the current and previous years.

    4. I want to access the Clients' Area of MIGA's website, but I have forgotten my password.

      Please telephone the Risk Management Department on 1800 777 156 or email miga@miga.com.au and ask one of our friendly staff for assistance.

    5. How do I book into an IRM Program Conference?

      Members can book into a Conference online via the Clients' Area - login instructions are outlined above. Once you have logged into the Clients' Area:

      • Click on 'IRM Program'
      • Click on 'Conference Bookings'
      • Choose your preferred venue from the list
      • Click on 'Show Conference'
      • Follow the steps to complete and submit your booking.

      Non Members can contact us at risk@miga.com.au or by telephone on 1800 777 156.

    6. How do I book into an IRM Program Online Workshop?

      Members can book into an Online Workshop via the Clients' Area. Once you have logged in:

      • Click on IRM Program
      • Click on 'Book Online Workshop' you will then be presented with a list of Workshops from which you can choose.

      Online Workshops are provided for the benefit of doctors practising in rural locations.  If the 'Book Online Workshop' link does not appear, you do not have access to this Workshop delivery service.

      Non Members can contact us at risk@miga.com.au or by telephone on 1800 777 156.

    7. How do I book into an IRM Program Workshop?

      Members can book into a Workshop online via the Clients' Area - login instructions are outlined above. Once you have logged into the Clients' Area:

      • Click on 'IRM Program'
      • Click on 'Workshop Bookings'
      • Choose your preferred venue from the drop down list
      • Click on 'Show Workshops'
      • You will be presented with a list of Workshops from which you can choose. To book into a particular Workshop, click on 'Book' at the far right side of the screen
      • You will then be provided with the Workshop details. If you wish to proceed with booking, click on 'Submit booking' on the left of the screen.

      Non Members can contact us at risk@miga.com.au or by telephone on 1800 777 156. 

    8. If I attend an externally accredited workshop do I need to send a copy of the Certificate of Attendance to MIGA?

      Yes, a copy of the Certificate of Attendance needs to be faxed or posted to MIGA before the end of March each year as the providers do not notify us of your attendance.

      If you attend a Cognitive Institute workshop that is not part of MIGA's IRM Program you will need to complete a Cognitive Institute Proof of Attendance certificate order form at the workshop or with the Cognitive Institute direct on 07 3876 5711 or email: enquiries@cognitiveinstitute.org and then fax or post a copy of the Cognitive Institute Certificate to MIGA.

      If providers of externally accredited activities do not issue certificates in time for the end of March, or you are aware it can take a couple of months to receive the certificate, it is the attendee's responsibility to contact the workshop provider and request a copy.

      Please remember to include your name and SM number when faxing certificates to MIGA.  All Certificates/Proof of Attendance must be forwarded to MIGA well before the end of March.

    9. How do I know what activities I've completed for this year and previous IRM years?

      Members can access their IRM Activity History by following the steps outlined above to access the Clients' Area of MIGA's website. Then click on the menu item 'IRM Program', then select the IRM Activity History link from the menu items listed on the left side of the screen.

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