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MEDICAL INDEMNITY ACT 2002 - SECT 10

Guide to the IBNR indemnity provisions

  (1)   This Division provides that an IBNR indemnity may be paid to an MDO or insurer that makes, or is liable to make, a payment in relation to a claim against or by a person in relation to an incident that is covered by the IBNR indemnity scheme. The incident will only be covered by the scheme if, amongst other things, the person had incident - occurring based cover with the participating MDO for the incident on 30   June 2002.

  (1A)   This Division also provides for the regulations and rules to deal with other matters relating to incidents covered by the IBNR indemnity scheme.

  (2)   The following table tells you where to find the provisions dealing with various issues:

 

Where to find the provisions on various issues

Item

Issue

Provisions

1

which MDO is the participating MDO?

definition of participating MDO in subsection   4(1)

2

which incidents are covered by the scheme?

section   14

3

what conditions must be satisfied for an MDO or insurer to get the IBNR indemnity?

sections   15 to 19

4

what happens if the incidents occurred during the treatment of a public patient in a public hospital?

paragraph   19(a) and section   20

5

how much is the IBNR indemnity?

section   21

6

in what circumstances can a payment to an MDO or insurer lead to a repayment of the IBNR indemnity?

sections   24 to 27

6A

what regulations can deal with

section   27A

7

how do MDOs and insurers apply for the IBNR indemnity?

section   36

8

when will the IBNR indemnity be paid?

section   37

9

what information has to be provided to the Chief Executive Medicare about IBNR indemnity matters?

sections   27C and 38

10

what records must MDOs and insurers keep?

sections   39 and 40

11

how are overpayments of the IBNR indemnity, and indemnity repayments, recovered?

sections   41 and 42



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