Document ID: chunk:federal_register_of_legislation:C2024C00534:section:24
Version: federal_register_of_legislation:C2024C00534
Segment Type: section
Provision Reference: s 24
Character Range: 56193–57407

24  Recovery if certain amounts paid to MDO or insurer after IBNR indemnity paid
 (1) An MDO or insurer must repay an amount to the Commonwealth if:
 (a) an IBNR indemnity has been paid to the MDO or insurer in relation to a claim against or by a person in relation to an incident; and
 (b) an amount is paid to the MDO or insurer in relation to the payment the MDO or insurer made in relation to the incident; and
 (c) that amount was not taken into account in calculating the amount of the IBNR indemnity paid to the MDO or insurer; and
 (d) the amount is not an amount referred to in subsection 21(4); and
 (e) the Chief Executive Medicare gives the MDO or insurer a notice in relation to the amount under section 26.
 (2) The amount to be repaid is the amount referred to in paragraph (1)(b).
 (4) The amount to be repaid is a debt due to the Commonwealth.
 (5) The amount to be repaid may be recovered:
 (a) by action by the Chief Executive Medicare against the MDO or insurer in a court of competent jurisdiction; or
 (b) by deduction from the amount of an indemnity scheme payment payable to the MDO or insurer; or
 (c) under section 42.
The total amount recovered must not exceed the amount to be repaid.