38. Incorrect payments

If, after making a determination under section 34 or subsection 36 (1), the contractor informs the Chief Executive Medicare or the Chief Executive Medicare otherwise becomes aware that:

(a) the medical practitioner was not eligible or has ceased to be eligible for a subsidy, or part thereof, on his or her behalf; or

(b) the subsidy, or part thereof, was otherwise incorrectly paid,

that amount of subsidy paid, either as an advance subsidy under Part 5 or final subsidy under this Part, is a debt due from the contractor to the Commonwealth.