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MEDICAL INDEMNITY ACT 2002 - SECT 34ZZI

Guide to the allied health exceptional claims indemnity provisions

  (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)

sections   34ZZK to 34ZZQ

3

when is an allied health exceptional claims indemnity payable in respect of a liability?

sections   34ZZR and 34ZZS

4

some liabilities are only partly covered

sections   34ZZT and 34ZZU

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?

sections   34ZZY to 34ZZZC

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?

sections   41 and 42



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