Limitations on recovery from fund; direct payments; periodic
payments
Sec. 5. (a) If the possible liability of the fund to the patient is
discharged solely through a direct payment made under
IC 34-18-15-1, the limitations on recovery from the patient's
compensation fund established under section 3 of this chapter apply
without adjustment.
(b) If an agreement is made to discharge the fund's possible
liability to the patient through a periodic payments agreement, the
amount of the patient's recovery from the fund is:
(1) the amount of any immediate payment made directly to the
patient from the fund; plus
(2) the cost of the periodic payments agreement paid by the
commissioner on behalf of the fund;
for the purposes of the limitations on recovery from the fund
established under section 3 of this chapter.
As added by P.L.1-1998, SEC.13.
Last modified: May 24, 2006