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. [Pre-1998 Recodification Citation: 27-12-14-5.] IC 34-18-15 Chapter 15. Payment From the Patient's Compensation Fund 34-18-15-1 Discharge of obligations 34-18-15-2 Periodic payments; combined payments 34-18-15-3 Demand in excess of policy limits; procedure 34-18-15-4 Failure to pay settlement or judgment
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