Medicare Secondary Payer Rules. Employee affirms that as of the date Employee signs this Agreement, Employee is not Medicare eligible (i.e., is not 65 years of age or older; is not suffering from end stage renal failure; has not received Social Security Disability Insurance benefits for 24 months or longer, etc.). Nonetheless, if the Centers for Medicare & Medicaid Services (CMS) (this term includes any related agency representing Medicare’s interests, as well as any insurance carrier providing benefits under Medicare Part C or Part D) determines that Medicare has an interest in the payment to Employee under this Agreement, Employee agrees to (i) indemnify, defend and hold Employer Releasees harmless from any action by CMS relating to medical expenses of Employee, (ii) reasonably cooperate with Employer Releasees upon request with respect to any information needed to satisfy the reporting requirements under Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007, if applicable, and any claim that the CMS may make and for which Employee is required to indemnify Employer Releasees under this paragraph, and (iii) waive any and all future actions against Releasees for any private cause of action for damages pursuant to 42 U.S.C. § 1395y(b)(3)(A).
Medicare Secondary Payer Rules. As a term of this Agreement, the parties have fully considered Medicare’s interests pursuant to the Medicare Secondary Payer rules. In doing so, Employee acknowledges by his/her signature below that as of the date of execution of this Agreement, he/she is not Medicare eligible, is not 65 years of age or older, is not suffering from end stage renal failure and has not received Social Security Disability Insurance benefits. Based on these representations, the parties have determined that Medicare has no interest in the payments under this Agreement and no reporting is required to Medicare. If any of Employee’s representations in this Section are untrue, Employee agrees to defend, indemnify and hold harmless Releasees in the event any government entity seeks payment from Releasees of any damages, medical expenses, fines, penalties, or interest thereon due to any failure to report this settlement to Medicare.
Medicare Secondary Payer Rules. As a term of this Settlement Agreement as to Named Plaintiff and Plaintiff only, the Parties have fully considered Medicare’s interests pursuant to the Medicare Secondary Payer rules and any secondary payer interests of Medicaid. In doing so, Named Plaintiff and Plaintiff affirm that as of the date they execute this Settlement Agreement, neither Named Plaintiff nor Plaintiff is Medicare eligible (i.e., is not 65 years of age or older; is not suffering from end-stage renal failure; has not received Social Security Disability Insurance benefits for 24 months or longer, etc.) or Medicaid eligible. Nonetheless, if the Centers for Medicare & Medicaid Services (the “CMS”) (this term includes any related agency or CMS contractor representing Original Medicare’s interests under Medicare Parts A and B), a Medicare Advantage Plan under Medicare Part C, or a Medicare Prescription Drug Plan under Medicare Part D determines that Medicare has an interest in the payment to Named Plaintiff and/or Plaintiff under this Settlement Agreement, or if a Medicaid medical assistance plan established under Title 19 of the Social Security Act, or a Medicaid entity administering and/or underwriting such plan, determines that Medicaid has an interest in the payment to Named Plaintiff and/or Plaintiff under this Settlement Agreement, Named Plaintiff and Plaintiff agree to (i) indemnify, defend, and hold the Released Parties harmless from any action by the Medicare or Medicaid entities identified above relating to medical expenses of Named Plaintiff and/or Plaintiff, (ii) reasonably cooperate with the Released Parties upon request with respect to any information needed to satisfy any reporting requirements under Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 and/or under Medicaid law, if applicable, and any claim that any Medicare or Medicaid entity identified above may make and for which Named Plaintiff and/or Plaintiff is required to indemnify the Released Parties under this paragraph, and (iii) waive any and all future actions against the Released Parties for any private cause of action for damages pursuant to 42 U.S.C. § 1395y(b)(3)(A) or applicable state law.
Medicare Secondary Payer Rules. All actions taken or failed to have been taken by the Company and the Company Subsidiaries and their respective Representatives in connection with the insuring or administration of healthcare plans maintained for the Company’s or the Company Subsidiaries’ employer clients or other clients have been taken or omitted in compliance in all material respects with the so-called “Medicare Secondary Payer Rules”, and all applicable federal Laws, as supplemented by the regulations of the Department of Health and Human Services, concerning Medicare Secondary Payer liability (“Secondary Payer Rules”). No healthcare plan administered or insured by any of the Company and Company Subsidiaries has any material liability of any nature (including but not limited to any liability under the Code, ERISA, the Social Security Act and Age Discrimination in Employment Act) to the United States of America or to any other Person with respect to the Secondary Payer Rules. Neither the Company nor any of the Company Subsidiaries nor any of their respective Representatives have incurred any material liability with respect to acts taken or omitted prior to Closing under existing or prior contracts with its employer clients or other clients for any excise tax liability under Section 5000 of the Code.
