New staff benefit: Disciplinary Protection Insurance

Hospital Authority (HA) has all along provided legal assistance to employees in civil and criminal cases related to discharge of their duties in HA. HA also provides Medical Malpractice Insurance Policy to provide indemnity to hospital staff for claims in connection with provision of medical treatment and healthcare services.

To enhance the protection for HA staff in the provision of professional services, HA has recently introduced a new staff benefit. With effect from 1 December 2018, HA has started to provide a Disciplinary Protection (DP) Insurance policy to cover eligible clinical and non-clinical professionals as a new staff benefit. The insurer shall pay on behalf of the insured person all legal representation expenses incurred in disciplinary inquiry conducted by the respective Official Body in Hong Kong, such as The Medical Council of Hong Kong and The Nursing Council of Hong Kong.

Insured person includes eligible clinical and non-clinical professionals, for instance medical practitioner (including intern), dentist, registered nurse, enrolled nurse, midwife, medical laboratory technologist, occupational therapist, optometrist, pharmacist, physiotherapist, radiographer, social worker, accountant, architect, engineer, surveyor, barrister, solicitor etc. For the above-mentioned professional, HA staff (including honorary staff) who work or worked in HA at any time on or after 1 December 1991 are covered by the DP Insurance.

Resigned registered nurse is accused of unprofessional conduct

Q: I am a registered nurse and resign from HA on 23 January 2019. Later, I receive by post a letter from the Secretary to The Nursing Council of Hong Kong notifying me that the Council has received a complaint against me giving rise to a question whether I have been guilty of unprofessional conduct. The complaint relates to my nursing management of a patient in HA in 2018 when I worked there. The Secretary in the letter informs me that the complaint has been referred to the Chairman of the Preliminary Investigation Committee who has directed that a meeting of the Committee be held. The Secretary also invites me to make submissions to the Committee. Will I be covered under the DP Insurance?

A: Yes. Although you have resigned from HA by the time you receive the written notices of inquiry, you are still an insured person, provided that the letter is the first time you receive written notice from The Nursing Council of Hong Kong on or after 1 December 2018.

Does DP Insurance cover volunteer work?

Q: I received a written notice of an inquiry from the Medical Council of Hong Kong arising from the activities I participated during a volunteer and charity work outside Hong Kong. Am I covered?

A: There is an extension to cover legal representation expenses incurred directly by or for you in connection with an inquiry arising from worldwide voluntary and/or charitable work either at the request of and on behalf of HA or with the consent by HA. The activity should occur on or after 1 December 1991 and you first receive the inquiry on or after 1 December 2018.

An off-duty doctor offers medical assistance

Q: I am a doctor. I offered medical assistance to others in an emergency during a traffic accident while I was off duty, and later I received a written notice of an inquiry from the Medical Council of Hong Kong in connection with the medical assistance I gave during the said emergency situation. Am I covered under the DP Insurance?

A: Yes. The DP Insurance covers legal representation expenses incurred directly by or for you in connection with an inquiry arising from the provision of Good Samaritan Acts (i.e. rendering aid in an emergency to an injured person on a voluntary basis) on or after 1 December 1991, provided that you first receive on or after 1 December 2018 written notice of such inquiry from an Official Body.

What is not covered?

Q: What circumstances are not covered by the DP Insurance?

A: Cases that the insured person first receives the notice of inquiry from an Official Body prior to 1 December 2018 or involve sanction will not be covered. Besides, the insurer reserves the right to recover the legal representation costs upon criminal conviction or final and binding adjudication against the insured person due to the allegations of sexual abuse, molestation, fraud, dishonesty and intentional conduct and intoxication.

Enquiries

Details of the DP Insurance:
Approved claims administrator ‘Jardine Lloyd Thompson Limited’
Tel: 2864 5333
Email: HADP@jltasia.com

Human resources related issues:
Tel: 2300 7651

Website:
http://ha.home/visitor/view_content.asp?parent_id=32103&content_id=39300&language=ENG&visit_mode=A