22UMP support payment exemption (persons with comprehensive retroactive cover provided by an MDO or insurer)

22 UMP support payment exemption (persons with comprehensive retroactive cover provided by an MDO or insurer)

(1) For subsection 52(4) of the Act, a person who is a participating member of a participating MDO (the former medical indemnity provider) is exempt from UMP support payment for a contribution year (the first contribution year) and for each later contribution year if subregulation (2) or (3) applies to the person. (2) This subregulation applies to a person if: (a) on 30 June 2003 the person had, or before 1 July 2003 the person had made arrangements to have, an indemnity arrangement with an MDO under which the person is, or will be, indemnified in relation to claims against or by the person in relation to all past incidents, without any further premium payments by the person (other than any payment agreed between the person and the provider at the time the indemnity arrangement was or is made); and (b) on 1 July 2004 the person had an insurance contract or contracts with one or more insurers (a current medical indemnity provider) under which the person is, and will continue to be, indemnified in relation to claims against or by the person in relation to all past incidents, without any further premium payments by the person (other than any payment agreed between the person and the provider at the time the insurance contract or contracts were entered into); and (c) before the payment day for that person for the first contribution year, the person gives to the Chief Executive Medicare, in writing: (i) a statement from the former medical indemnity provider to the effect that the former medical indemnity provider would not be able, in the ordinary course of its business, to indemnify the person in relation to any claims against or by the person in relation to past incidents; and (ii) a statement from the MDO to the effect that on 30 June 2003 the person had, or before 1 July 2003 the person had made arrangements to have, an indemnity arrangement with the MDO under which the person is, or will be, indemnified in relation to claims against or by the person in relation to all past incidents, without any further premium payments by the person (other than any payment agreed between the person and the provider at the time the indemnity arrangement was or is made); and (iii) a statement from each current medical indemnity provider to the effect that on 1 July 2004 the person had an insurance contract or contracts with the provider under which the person is, and will continue to be, indemnified in relation to claims against or by the person in relation to all past incidents, without any further premium payments by the person (other than any payment agreed between the person and the provider at the time the insurance contract or contracts were entered into). (3) This subregulation applies to a person if: (a) on 30 June 2003 the person had, or before 1 July 2003 the person had made arrangements to have, an insurance contract or contracts with one or more insurers (a current medical indemnity provider) under which the person is or will be, and will continue to be, indemnified in relation to claims against or by the person in relation to all past incidents, without any further premium payments by the person (other than any payment agreed between the person and the provider at the time the insurance contract or contracts were or are entered into); and (b) before the payment day for that person for the first contribution year, the person gives to the Chief Executive Medicare, in writing: (i) a statement from the former medical indemnity provider to the effect that the former medical indemnity provider would not be able, in the ordinary course of its business, to indemnify the person in relation to any claims against or by the person in relation to past incidents; and (ii) a statement from each current medical indemnity provider to the effect that on 30 June 2003 the person had, or before 1 July 2003 the person had made arrangements to have, an insurance contract or contracts with the provider under which the person is, or will be, and will continue to be, indemnified in relation to claims against or by the person in relation to all past incidents, without any further premium payments by the person (other than any payment agreed between the person and the provider at the time the insurance contract or contracts were or are entered into). (3A) A person who does not satisfy the conditions in subregulation (2) or (3), only because the person has not given the statements required by paragraph (2)(c) or paragraph (3)(b), as the case requires, to the Chief Executive Medicare before the payment day for that person for the first contribution year, is taken to have satisfied that condition if the person gives the statements to the Chief Executive Medicare before the end of the period of 6 months starting on that payment day.