Commonwealth Consolidated Acts

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MEDICAL INDEMNITY ACT 2002 - SECT 37

Payment date for IBNR indemnity, high cost claim indemnity or run-off cover indemnity

             (1)  Subject to subsection (2), the Chief Executive Medicare must pay an IBNR indemnity, a high cost claim indemnity or a run-off cover indemnity that is payable to an MDO or insurer before the end of the month that immediately follows the month in which the MDO or insurer applies for the indemnity.

             (2)  If:

                     (a)  an MDO or insurer applies for an IBNR indemnity, a high cost claim indemnity or a run-off cover indemnity; and

                     (b)  the Chief Executive Medicare requests a person to give information under section 38 in relation to the application; and

                     (c)  the person does not give the Chief Executive Medicare the information requested before the end of the month that immediately follows the month in which the MDO or insurer applies for the indemnity; and

                     (d)  an IBNR indemnity, a high cost claim indemnity or a run-off cover indemnity is payable to the MDO or insurer;

the Chief Executive Medicare must pay the IBNR indemnity, the high cost claim indemnity or the run-off cover indemnity to the MDO or insurer before the end of the month that immediately follows the month in which the person gives the Chief Executive Medicare the requested information.

             (3)  In this section:

"month" means one of the 12 months of the year.



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