Common use of Medical Bills Liens and Other Potential Rights for Reimbursement Clause in Contracts

Medical Bills Liens and Other Potential Rights for Reimbursement. 1. Responsibility for Identification, Notification, and Satisfaction of Insurer, Healthcare Provider or other Liens, Claims, Subrogated Rights or Obligations. (a) Claimant agrees that it is Claimant’s and her counsel’s sole responsibility to identify to the Claims Administrator and Organon all actual or potential insurers and all known third-party claimants with subrogation or reimbursement interests related to the released injuries (pursuant to any applicable state law or contractual terms) that are not Governmental Payors (collectively, “Potential Third- Party Claimants”). Claimant and her counsel represent and warrant that they will use best efforts and reasonable diligence to identify such Potential Third-Party Claimants. (b) Claimant agrees it is her sole responsibility to satisfy or otherwise resolve any and all claims held by all Potential Third-Party Claimants and further agrees that the Released Persons shall have no responsibility for satisfaction of the same. (c) Claimant shall indemnify, repay and hold the Released Persons harmless from any and all claims held by all Potential Third-Party Claimants, whether existing as of the date of becoming a Program Participant or arising thereafter. This includes payments of all fees and litigation expenses. (d) Claimant and her counsel shall execute and comply with the terms and requirements of the Identification of Potential Third-Party Claimants, contained in Appendix H-1 of the MSA, which is required as part of the Claim Package. The terms and conditions set forth in Section 3.05 of the MSA govern the Claims Administrator’s acceptance of the Identification of Potential Third- Party Claimants, including the notice and cure provisions set forth in Section 3.05(A)-(E) of the MSA in the event the Claims Administrator determines deficiencies exist regarding the Identification of Potential Third-Party Claimants. (e) If the Claims Administrator or Organon is or becomes aware of Potential Third-Party Claimants, it may provide notice of those to Claimant and her counsel by submitting the Notice of Potential Third-Party Claimants, contained in Appendix H-2 of the MSA. Upon receipt of a completed Xxxxxxxx X-0, Xxxxxxxx and her counsel must amend their Appendix H-1 to include the identified parties, and assume all responsibilities and obligations to satisfy or resolve those interests before any Settlement Payment will be made. The Amended Appendix H-1 (Identification of Third-Party Claimants) shall be resubmitted to the Claims Administrator within ten (10) days of receipt of the new information contained in Appendix H-2. (f) In the event that Claimant and her counsel have unresponsive or unwilling Potential Third-Party Claimants, they shall complete the Notice of Third-Party Claimant Dispute, contained in Appendix H- 3 of the MSA, to notify the Claims Administrator and Organon of the dispute. The Claims Administrator may then refer the dispute to the Special Master for handling pursuant to Section 5.03 of the MSA. (g) Claimant and her counsel shall provide proof of resolution of any and all claims held by Potential Third-Party Claimants to Organon and the Claims Administrator by executing, submitting, and complying with the terms and requirements of the Certification of Third-Party Claimant Resolution, contained in Appendix H-4 of the MSA, as a condition precedent for any payment from the Qualified Settlement Fund. (h) If Claimant fails to meet the requirements of this Section (F)(1), or of Section 9.01(A) of the MSA, she shall not be entitled to payment under the terms of this Agreement and such failure shall be an independent cause for dismissal of her claim, with prejudice. Completion of the requirements of this Section (F)(1), and of Section 9.01(A) of the MSA, is a CONDITION PRECEDENT to the distribution of any Settlement Payment from the Qualified Settlement Fund to Claimant. For the avoidance of doubt, the CONDITION PRECEDENT in this Section is not a CONDITION PRECEDENT to Organon’s funding obligations into the Qualified Settlement Fund under Section 6.01 of the MSA, but is only a CONDITION PRECEDENT to the distribution of any Claimant’s Settlement Payment from the Qualified Settlement Fund to the Claimant.

Medical Bills Liens and Other Potential Rights for Reimbursement. 1. (A) Responsibility for Identification, Notification, and Satisfaction of Insurer, Healthcare Provider or other Liens, Claims, Subrogated Rights or Obligations. (a1) Claimant Each Program Participant agrees that it is ClaimantProgram Participant’s and her counsel’s sole responsibility to identify to the Claims Administrator and Organon all actual or potential insurers and all known third-party claimants with subrogation or reimbursement interests related to the released injuries (pursuant to any applicable state law or contractual terms) that are not Governmental Payors (collectively, “Potential Third- Third-Party Claimants”). Claimant Each Program Participant and her counsel represent and warrant that they will use best efforts and reasonable diligence to identify such Potential Third-Party Claimants. (b2) Claimant Each Program Participant agrees it is her sole responsibility to satisfy or otherwise resolve any and all claims held by all Potential Third-Party Claimants and further agrees that the Released Persons shall have no responsibility for satisfaction of the same. (c3) Claimant Each Program Participant shall indemnify, repay and hold the Released Persons harmless from any and all claims held by all Potential Third-Party Claimants, whether existing as of the date of becoming a Program Participant or arising thereafter. This includes payments of all fees and litigation expenses. (d4) Claimant Each Program Participant and her counsel shall execute and comply with the terms and requirements of the Identification of Potential Third-Party Claimants, contained in Appendix H-1 of the MSAH-1, which is required as part of the Claim Package. The terms and conditions set forth in Section 3.05 of the MSA govern the Claims Administrator’s acceptance of the Identification of Potential Third- Party Claimants, including the notice and cure provisions set forth in Section 3.05(A)-(E) of the MSA in the event the Claims Administrator determines deficiencies exist regarding the Identification of Potential Third-Party Claimants. (e5) If the Claims Administrator or Organon is or becomes aware of Potential Third-Party Claimants, it may provide notice of those to Claimant Program Participants and her their counsel by submitting the Notice of Potential Third-Party Claimants, contained in Appendix H-2 of the MSAH-2. Upon receipt of a completed Xxxxxxxx X-0Appendix H-2, Xxxxxxxx Program Participants and her their counsel must amend their Appendix H-1 to include the identified parties, and assume all responsibilities and obligations to satisfy or resolve those interests before any Settlement Payment will be made. The Amended Appendix H-1 (Identification of Third-Party Claimants) shall be resubmitted to the Claims Administrator within ten (10) days of receipt of the new information contained in Appendix H-2. (f6) In the event that Claimant Program Participants and her their counsel have unresponsive or unwilling Potential Third-Party Claimants, they shall complete the Notice of Third-Party Claimant Dispute, contained in Appendix H- 3 of the MSAH-3, to notify the Claims Administrator and Organon of the dispute. The Claims Administrator may then refer the dispute to the Special Master for handling pursuant to Section 5.03 of the MSA5.03. (g7) Claimant Each Program Participant and her counsel shall provide proof of resolution of any and all claims held by Potential Third-Party Claimants to Organon and the Claims Administrator by executing, submitting, and complying with the terms and requirements of the Certification of Third-Party Claimant Resolution, contained in Appendix H-4 of the MSAH-4, as a condition precedent for any payment from the Qualified Settlement Fund. (h) If Claimant 8) A Program Participant who fails to meet the requirements of this Section (F)(1), or of Section 9.01(A) of the MSA, she shall not be entitled to payment under the terms of this Agreement and such failure shall be an independent cause for dismissal of her claim, with prejudice. Completion of the requirements of this Section (F)(1), and of Section 9.01(A) of the MSA, is a CONDITION PRECEDENT to the distribution of any Settlement Payment from the Qualified Settlement Fund to Claimantthe Program Participant. For the avoidance of doubt, the CONDITION PRECEDENT in this Section is not a CONDITION PRECEDENT to Organon’s funding obligations into the Qualified Settlement Fund under Section 6.01 of the MSA6.01, but is only a CONDITION PRECEDENT to the distribution of any ClaimantProgram Participant’s Settlement Payment from the Qualified Settlement Fund to the ClaimantProgram Participant.