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Medical Indemnity Amendment Bill 2004
Schedule 4 Other matters

   

Medical Indemnity Act 2002

1  Subsection 4(1) (definition of health care related vocation )

Repeal the definition, substitute:

health care related vocation means a health care related vocation in relation to which there is at least one State or Territory under the law of which a person must be registered in order to practise.

2  Subsection 43(1)

Repeal the subsection, substitute:

             (1)  The Minister may, by writing, formulate one or more schemes for one or both of the following:

                     (a)  making payments to:

                              (i)  medical practitioners; or

                             (ii)  medical indemnity insurers and MDOs on behalf of medical practitioners;

                            to help those medical practitioners meet the cost of purchasing medical indemnity (whether such costs are incurred by way of MDO membership subscriptions, insurance premiums or otherwise);

                     (b)  making payments to medical indemnity insurers and MDOs to help the medical indemnity insurers and MDOs meet the cost of:

                              (i)  administering schemes formulated under paragraph (1)(a); or

                             (ii)  complying with their obligations under section 66A relating to UMP support payments.

3  Subsection 43(2)

Omit “the scheme”, substitute “a scheme”.

4  Paragraph 43(2)(c)

Omit “medical practitioners”, substitute “persons”.

5  At the end of subsection 43(2)

Add:

             ; and (d)  payments to medical indemnity insurers or MDOs to reduce the costs of medical indemnity for medical practitioners; and

                     (e)  the entering into of contracts setting out conditions for such payments to medical indemnity insurers or MDOs.

6  Subsection 43(3)

Omit “the scheme”, substitute “a scheme”.

7  Existing subsidy scheme to continue

A scheme formulated under section 43 of the Medical Indemnity Act 2002 before the commencement of this Schedule continues in effect after that commencement as if it had been formulated under that section as amended by this Schedule.

8  After section 44

Insert:

44A   HIC may notify medical indemnity insurers or MDOs of UMP support payments

                   The HIC may, for the purpose of enabling a medical indemnity insurer or MDO to work out an amount payable to a medical practitioner under a scheme formulated under subsection 43(1), notify the medical indemnity insurer or MDO of:

                     (a)  whether the medical practitioner is or has been liable for a UMP support payment, and the amount of any such liability; and

                     (b)  whether the UMP support payment has been paid.

9  Paragraph 48(c)

Omit “the scheme”, substitute “a scheme”.