37Payment date for IBNR indemnity, high cost claim indemnity, run‑off cover indemnity or allied health high cost claim indemnity

#### 37 Payment date for IBNR indemnity, high cost claim indemnity, run‑off cover indemnity or allied health high cost claim indemnity (1) Subject to subsections (2) and (2A), the Chief Executive Medicare must pay an IBNR indemnity, a high cost claim indemnity, a run‑off cover indemnity or an allied health high cost claim indemnity that is payable to an MDO or insurer before the end of the month that immediately follows the month in which the MDO or insurer applies for the indemnity. Payment will not be made until requested information is given (2) Subject to subsection (2A), if: (a) an MDO or insurer applies for an IBNR indemnity, a high cost claim indemnity, a run‑off cover indemnity or an allied health high cost claim indemnity; and (b) the Chief Executive Medicare requests a person to give information under section 38 in relation to the application; and (c) the person does not give the Chief Executive Medicare the information requested before the end of the month that immediately follows the month in which the MDO or insurer applies for the indemnity; and (d) an IBNR indemnity, a high cost claim indemnity, a run‑off cover indemnity or an allied health high cost claim indemnity is payable to the MDO or insurer; the Chief Executive Medicare must pay the IBNR indemnity, the high cost claim indemnity, the run‑off cover indemnity or the allied health high cost claim indemnity to the MDO or insurer before the end of the month that immediately follows the month in which the person gives the Chief Executive Medicare the requested information. Application may be treated as withdrawn if requested information is not given (2A) The Chief Executive Medicare may treat an application as having been withdrawn if: (a) the Chief Executive Medicare requests the MDO or insurer who made the application to give information under section 38 in relation to the application; and (b) the MDO or insurer does not give the information to the Chief Executive Medicare by the end of the day specified in the request. (2B) The Chief Executive Medicare must notify the MDO or insurer if the Chief Executive Medicare treats the application as having been withdrawn. Definitions (3) In this section: > month means one of the 12 months of the year.