§ 34-18-14-5 Limitations on recovery from fund; direct payments; periodic payments

Codes > Indiana Code > Title 34 > Article 18 : Chapter 14 > 34-18-14-5 Limitations

34-18-14-5 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.