(1) This Division provides that an allied health exceptional claims indemnity may be paid in relation to a liability of a person if:
(a) the liability relates to a claim against the person in relation to an incident that occurs in the course of, or in connection with, the practice by the person of an allied health profession, being a claim that has been certified as a qualifying allied health claim; and
(b) the liability exceeds the amount payable under an insurance contract with an eligible insurer that has a contract limit satisfying the relevant allied health threshold.
(2) This Division also provides for the regulations and rules to deal with other matters relating to claims that have been certified as qualifying allied health claims.
(3) 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 insurers are eligible insurers? | section 34ZZ |
2 | certification of claims that qualify for allied health exceptional claims indemnity (including the threshold requirement for the insurance contract) | |
3 | when is an allied health exceptional claims indemnity payable in respect of a liability? | |
4 | some liabilities are only partly covered | |
5 | how much allied health exceptional claims indemnity is payable? | section 34ZZV |
6 | how must an allied health exceptional claims indemnity be applied? | section 34ZZW |
7 | who is liable to repay an overpayment of allied health exceptional claims indemnity? | section 34ZZX |
8 | what if a payment is received that would have reduced the amount of an insurance payment? | |
9 | what regulations can deal with | section 34ZZZD |
10 | modifications and exclusions by regulations | section 34ZZZF |
11 | how does a person apply for an allied health exceptional claims indemnity? | section 37A |
12 | when will an allied health exceptional claims indemnity be paid? | section 37B |
13 | what information has to be provided to the Chief Executive Medicare about allied health exceptional claims matters? | section 38 |
14 | what records must be kept in relation to allied health exceptional claims matters? | section 39 |
15 | how are overpayments of allied health exceptional claims indemnity recovered? |