Commonwealth Consolidated Acts

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MEDICAL INDEMNITY ACT 2002 - SECT 37B

Payment date for exceptional claims indemnity or allied health exceptional claims indemnity

Time by which application must be decided

  (1)   Subject to subsections   (2) and (3), the Chief Executive Medicare is to decide an application for an exceptional claims indemnity or an allied health exceptional claims indemnity on or before the end of the 21st day after the day on which the application is received by the Chief Executive Medicare.

  (2)   If the Chief Executive Medicare requests a person to give information under section   38 in relation to an application for an exceptional claims indemnity or an allied health exceptional claims indemnity, the Chief Executive Medicare does not have to decide the application until the 21st day after the day on which the person gives the information to the Chief Executive Medicare.

  (3)   If the Chief Executive Medicare has received, but not yet decided:

  (a)   an application (the certificate application ) for the issue of a qualifying claim certificate or a qualifying allied health claim certificate in relation to a claim; and

  (b)   an application (the indemnity application ) for an exceptional claims indemnity or allied health exceptional claims indemnity in relation to the same claim;

the Chief Executive Medicare does not have to decide the indemnity application until the Chief Executive Medicare has decided the certificate application.

Time by which payment must be made

  (4)   If the Chief Executive Medicare decides to grant an application for an exceptional claims indemnity or an allied health exceptional claims indemnity, the Chief Executive Medicare must pay the indemnity to the applicant as soon as practicable after making that decision.



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