Document ID: chunk:federal_register_of_legislation:F2024C01011:reg:66
Version: federal_register_of_legislation:F2024C01011
Segment Type: reg
Provision Reference: reg 66
Character Range: 63058–64407

66  Recovery of overpayments and amounts required to be repaid
 (1) This section applies if an amount is paid to a medical indemnity provider by way of a payment under Part 2, 3, 4, 6 or 7 or section 69 and one of the following applies:
 (a) no amount is payable to the provider under that Part or section;
 (b) the amount paid is greater than the amount that was payable to the provider under that Part or section;
 (c) the provider is required by section 49, 50 or 51 to repay some or all of the amount.
 (2) The amount overpaid is:
 (a) the whole of the amount paid if paragraph (1)(a) applies; or
 (b) the difference between the amount that was paid and the amount that was payable if paragraph (1)(b) applies;
 (c) so much of the amount as is required to be repaid if paragraph (1)(c) applies.
 (3) The amount overpaid is a debt due to the Commonwealth by the medical indemnity provider.
 (4) The amount overpaid may be recovered:
 (a) by action by the Chief Executive Medicare against the medical indemnity provider in a court of competent jurisdiction; or
 (b) by deduction from another amount payable to the medical indemnity provider under this instrument.
The total amount recovered must not exceed the amount overpaid.

Part 9—Application, saving and transitional provisions

Division 1—Provisions for this instrument as originally made