MEDICAL INDEMNITY ACT 2002 No. 132, 2002 - SECT 10 Guide to the IBNR indemnity provisions

Commonwealth Numbered Acts

Guide to the IBNR indemnity provisions

(1): This Division provides that an IBNR indemnity may be paid to an MDO or insurer that makes, or is liable to make, a payment in relation to a claim against or by a person in relation to an incident that is covered by the IBNR indemnity scheme. The incident will only be covered by the scheme if, amongst other things, the person had incident-occurring based cover with an MDO for the incident on 30 June 2002 and the MDO is a participating MDO.
(2): 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 MDOs are participating MDOs?	sections 11 to 13
2	which incidents are covered by the scheme?	section 14
3	what conditions must be satisfied for an MDO or insurer to get the IBNR indemnity?	sections 15 to 19
4	what happens if the incidents occurred during the treatment of a public patient in a public hospital?	paragraph 19(a) and section 20
5	how much is the IBNR indemnity?	sections 21 to 23
6	in what circumstances can a payment to an MDO or insurer lead to a repayment of the IBNR indemnity?	sections 24 to 27
7	how do MDOs and insurers apply for the IBNR indemnity?	section 36
8	when will the IBNR indemnity be paid?	section 37
9	what information has to be provided to the HIC about IBNR indemnity matters?	section 38
10	what records must MDOs and insurers keep?	sections 39 and 40
11	how are overpayments of the IBNR indemnity, and indemnity repayments, recovered?	sections 41 and 42

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