Frequently Asked Questions
Why has the APodA chosen BMS as their members’ insurance partner?
Ensuring APodA members have access to comprehensive coverage, additional, evidence-based risk management material and exceptional service for insurance queries and claims is paramount. BMS is a specialist insurance intermediary dedicated to servicing associations and their members and will continue to enhance the APodA Member Insurance Program.
What are the major benefits of the APodA Member Insurance policy?
The APodA Professional Indemnity and Public and Products Liability Insurance policy with BMS offers cover for all APodA members for their podiatry services, excluding orthopaedic work on the bones of the feet or reconstructive plastic operations. Therefore, podiatric surgeons are not covered by this policy. The policy will cover all members for nail procedures performed under local anaesthesia, wart curettage and ulcer debridement.
What is Professional Indemnity insurance?
Professional Indemnity Insurance protects you against allegations or third party claims due to injury or damages that have resulted from a negligent act, error, omission, malpractice or breach of duty that has arisen out of your professional capacity as a podiatrist.
What is Public Liability insurance?
Public Liability insurance provides cover for bodily injury or property damage to a third party that occurs while conducting your professional activities.
This is primarily a legal defence cost cover, but also covers settlement costs in the event that you are found to be liable and/or negligent in causing the injury or property damage.
What is Products Liability?
Products Liability insurance covers you for actual or alleged bodily injury or property damage to a third party arising through use of a product sold, supplied, or manufactured by you.
What is Entity Insurance?
Entity Insurance is professional indemnity and public liability insurance for your practice. This is different to your individual APodA Member Insurance (PI&PPL) policy, or the individual professional indemnity cover held by consultants or contractors engaged by your practice. If your practice is named in a legal action, these costs are not covered by your individual APodA Member Insurance (PI&PPL).
It is important to note that entity insurance does not cover consultants or contractors engaged by your practice for their actions while working within your clinic.
Who needs entity cover?
Any member who has a business name needs Entity Insurance. This ensures that should a complaint come in directed at the business name, you have insurance in place to respond. This cover applies if:
- you're a sole trader or have a business name but no employees; or
- if you have a business that employs staff, contractors and/or casual workers
What factors determine the premium for entity cover?
Entity Insurance is priced based on the number of staff in a practice and what modality they practice. If you have a lot of staff, or a mixed business practice, the risk of a claim/complaint directed at the Entity is greater than if you are a sole trader with no staff.
If you have no staff, there is no cost for Entity Insurance, you can add your business name to your individual insurance policy.
Entity Insurance has been priced by the Insurer as competitively as possible to ensure adequate cover for potential claims.
How do I add my business name onto the policy and what coverage will be provided?
To add your business name onto your policy, you need to purchase Entity Insurance with BMS via the BMS Portal.
When can I add the Professional Indemnity and Products & Public Liability Insurance to my APodA membership?
As long as your APodA membership is active, you can purchase Professional Indemnity and Public & Products Liability insurance with BMS at any time throughout the year via the BMS Portal.
What do I do if I have an open claim with my previous insurer?
If you have a current claim with your previous insurer, you will need to continue dealing directly with them. Any new claims or notifications under a BMS insurance policy can be directed to BMS by completing a claims form via the BMS Portal.
Am I covered if I treat family members?
No. There is no cover for when you are providing your services to family members.
Is the APodA Professional Indemnity and Public & Products Liability insurance with BMS compliant with the Australian Health Practitioner Regulation Agency (Ahpra)?
Yes. These policies comply with and exceed all requirements set by Ahpra.
Will this policy cover my past activities?
Yes. The APodA Professional Indemnity and Products & Public Liability Insurance Policy provides retroactive cover, provided that there are no known and unreported circumstances that may lead to a claim.
Please see your Policy Wording and Schedule of full terms and conditions in relation to this cover.
Should I consider this cover if I work in the public health sector?
As a Public Health Sector worker without your own insurance policy, you are relying on your employer’s insurance, which provides cover for your negligence as an employee and generally only in carrying out services in the course of that employment. Your employer’s policy may not cover your direct liability for:
- Your services with previous employers,
- Your private practice work,
- Your past services rendered,
- Your separate services provided outside of the employment relationship as a contractor, sub-contractor or consultant. Having your own individual policy can also ensures you are covered if you want to work while transitioning from one employer to the next.
Having your own individual policy ensures you are covered if you want to work while transitioning from one employer to the next.
What do I do if I have a claim or complaint made against me?
Members should:
- Immediately report any potential claim to BMS by logging in to the BMS Portal and completing the relevant form on the claims page.
- Formally document the incident, including details of those involved.
- Complete and submit a BMS Insurance Notification Report
- Provide copies of any regulatory investigations or notice of complaint immediately
- Gather any noted and supporting documentation, including clinical notes, telephone memos and filenotes.
Members should not:
- Speak with any third parties about the claim.
- Engage with and retain lawyers before reporting a claim
- Admit liability or offer compensation to independently settle a claim
- Offer compensation to independently settle a claim.
- Retrospectively amend or change any medical records once a statement of claim or professional complaint has been received.
I’ve been asked to assist a student to complete their practical experience. Will I be covered?
Yes, as long as the student is working within their student scope of practice, and are adequately supervised.
Are Allied Health Assistants (AHA)'s covered under their supervising podiatrists' APodA Professional Indemnity and Public & Products Liability cover with BMS?
No. The APodA insurance policy only covers the APodA member (insured person). To ensure adequate cover, it's advised that all AHA's hold their own individual insurance.
I'm a student, can I get cover?
APodA student members can access complimentary student cover as part of their APodA membership but will need to opt-in for cover via the BMS Portal. Cover is not automatically applied.
I'm a graduate, can I get cover?
Graduate members can get insurance under the graduate insurance category but will need to opt-in for cover via the BMS Portal. Cover is not automatically applied.
What activities are covered and not covered under the Student and Graduate insurance categories?
Covered:
- work placement / practical experience
- volunteering
Not covered:
- working as an assistant or allied health assistant
Am I covered when I retire?
Yes, The APodA Professional Indemnity and Products & Public Liability Insurance policy offers run off cover for members permanently ceasing practice and retiring.
You can activate runoff cover by contacting BMS in writing prior to the expiry of your policy, noting the date that you are permanently ceasing practice. BMS will issue you with confirmation that cover has been activated for your records.
Am I covered if I travel overseas?
The policy has a territorial limit of worldwide excluding USA however your jurisdiction remains Australia. The APodA recommend members check the local laws and any registration requirements before practising in any country outside of Australia.
Is voluntary work covered?
Yes. Volunteering is an excellent way to give back to your community but is still considered providing a service. The great news is if you do any volunteer podiatry work at a not for profit or charitable community event, then you’re covered for claims arising. Volunteer work can be in any sector, including but not limited to public, private, sporting clubs, sporting events, charities, associations, not for profit organisations etc.
Am I covered as a locum or a mobile podiatrist?
Yes. Locums are covered as are mobile podiatrists.
Am I covered to cut fingernails of my patients?
We know as a podiatrist you may also help your client with the cutting of their fingernails and can confirm that this is covered under your scope of activities as a podiatrist.
I am a qualified podiatrist and pedorthist. Am I covered for my work as a pedorthist under the APodA Member Insurance Program?
If this is approved by APodA as part of your scope of practice, then the APodA policy will automatically respond. If not, you will need to reach out to BMS to seek additional cover for your pedorthic work.
I have a previous claim, can I get insurance with my membership?
Yes, we have negotiated access to all members, including those with claims. Any known claims and circumstances would be excluded from your new insurance policy and would need to be claimed from the existing claims made insurer prior to expiry.
How do I take up the offer?
As long as your APodA membership is active, you can purchase cover at any time throughout the year via the BMS Portal.
What do I do if I have a current policy with another insurance provider and want to take up the APodA member insurance offer?
Confirm your APodA membership is active before applying for cover under the APodA Member Insurance Program. Notify your existing insurance provider that you want to cancel your policy. It's important that you have continuous cover, i.e. no gaps or breaks in your cover during the change-over. The APodA Professional Indemnity and Public & Products Liability policy with BMS has retroactive cover which means you are covered for all retrospective work as long as you have held a current claims made policy. Any known claims or circumstances will be excluded. For example, if you have received correspondence from a client whilst covered by a different insurer, you will need to lodge that complaint with your previous insurer.
Can I cancel my Insurance?
APodA insurance premiums are non-refundable. Contact BMS on 1800 514 933 or submit an enquiry via the BMS Portal.
Can I buy insurance without a membership?
No. The negotiated rates are for APodA members only.
Can I buy Business Insurance from BMS?
There are various additional covers that you should consider to ensure adequate coverage of your business risks. BMS offers APodA members:
- Entity Insurance
- Business Insurance
- Personal Accident Insurance
- Cyber Liability Insurance
Visit the BMS Portal to obtain a quote.
What happens if I have a leave of absence during the year?
The APodA Professional Indemnity and Products & Public Liability Insurance policy is a claims made policy. This means the policy only provides cover for any prior acts as long as you have an active policy at the time of a claim. Therefore it’s important to ensure you have a policy in place should you take a leave of absence (leave where you’ll likely return to work at some stage). This will ensure you’re covered should a claim arise during this time.
Am I covered to treat patients in their home?
Yes. As long as you are working within your scope of practice, and taking all required health and safety measures, you are covered to practice Australia wide.
If you have any questions about the insurance program, please contact BMS at 1800 514 933 or email info@podiatry.org.au
Disclaimer
You must be a current Australian Podiatry Association (APodA) member to be eligible to register for the APodA Member Insurance Program. You must be part of the APodA Member Insurance program in order to access additional cover. If your membership ceases you will not be offered renewal when your policy expires. In offering this insurance to our members APodA is a distributor of BMS Risk Solutions Pty Ltd (BMS) AFSL 461594, ABN 45161187980. The insurance is issued by BMS under authority with the insurer. When acting under this authority BMS acts as agent for the insurer and not as your agent. This is general advice only and BMS has not considered whether it was suitable for your personal circumstances, current objectives, needs or financial situation. Please read the Policy Wording/Product Disclosure Statement and the BMS Terms of Engagement which contains the Financial Services Guide before making a decision about purchasing this policy. There is a Target Market Determination for the Personal Accident policy. As a distributor, APodA receives an annual payment from BMS which is used for insurance related marketing and professional development activities to support our members.