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MEDICAL INDEMNITY ACT 2002 - SECT 28

Guide to the high cost claim indemnity provisions

  (1)   This Division provides that a high cost claim indemnity may be paid to an MDO or insurer that pays, or is liable to pay, more than a particular amount (referred to as the high cost claim threshold ) in relation to a claim against a person in relation to an incident that occurs in the course of, or in connection with, the person's practice as a medical practitioner.

  (1A)   This Division also provides for the regulations and rules to deal with other matters relating to incidents covered by the high cost claim 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

what is the high cost claim threshold?

section   29

2

what conditions must be satisfied for an MDO or insurer to get the high cost claim indemnity?

sections   30 to 32

3

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

paragraph   32(a) and section   33

4

how much is the high cost claim indemnity?

section   34

4A

what regulations can deal with

section   34AA

5

how do MDOs and insurers apply for the high cost claim indemnity?

section   36

6

when will the high cost claim indemnity be paid?

section   37

7

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

section   38

8

what records must MDOs and insurers keep?

section   39

9

how are overpayments of high cost claim indemnity recovered?

sections   41 and 42



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