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. [Pre-1998 Recodification Citation: 27-12-14-5.] As added by P.L.1-1998, SEC.13.