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MEDICAL INDEMNITY ACT 2002 - SECT 34ZZG

Regulations may provide for payments in relation to allied health high cost claims

  (1)   The regulations may provide in relation to:

  (a)   making payments to eligible MDOs and eligible insurers of claim handling fees; and

  (b)   making payments on account of legal, administrative or other costs incurred by eligible MDOs and eligible insurers (whether on their own behalf or otherwise);

in respect of claims relating to incidents in relation to which an allied health high cost claim indemnity is payable (see section   34ZZB).

  (2)   Without limiting subsection   (1), the regulations may:

  (a)   make provision for:

  (i)   the conditions that must be satisfied for an amount to be payable to an eligible MDO or eligible insurer; and

  (ii)   the amount that is payable; and

  (iii)   the conditions that must be complied with by an eligible MDO or eligible insurer to which an amount is paid; and

  (iv)   other matters related to the making of payments, and the recovery of overpayments; and

  (b)   provide that this Division applies with specified modifications in relation to a liability that relates to costs in relation to which an amount has been paid under regulations made for the purposes of this section; and

  (c)   make provision for making payments on account of legal, administrative or other costs incurred by eligible MDOs and eligible insurers (whether on their own behalf or otherwise), in respect of incidents notified to eligible MDOs and eligible insurers that could give rise to claims in relation to which an allied health high cost claim indemnity could be payable.

  (3)   Paragraph   (2)(b) does not allow the regulations to modify a provision that creates an offence, or that imposes an obligation which, if contravened, constitutes an offence.

  (4)   It does not matter for the purposes of paragraph   (2)(c) whether claims are subsequently made in relation to the incidents referred to in that paragraph.



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