Right of Reimbursement. As used herein, the term “Third Party” means any party that is, or may be, or is claimed to be responsible for injuries or illness to a Member. Such injuries or illness are referred to as “Third Party injuries.” “Responsible Party” includes any parties actually, possibly or potentially responsible for payment of expenses associated with the care or treatment of Third Party injuries. If this Plan provides benefits under this Certificate to a Member for expenses incurred due to Third Party injuries, then HMO retains the right to repayment of the full cost of all benefits provided by this Plan on behalf of the Member that are associated with the Third Party injuries. HMO’s rights of recovery apply to any recoveries made by or on behalf of the Member from any sources, including but not limited to: payments made by a Third Party or any insurance company on behalf of the Third Party; any payments or awards under an uninsured or underinsured motorist coverage policy; any Workers’ Compensation or disability award or settlement; medical payments coverage under any automobile policy, premises or homeowners medical payments coverage or premises or homeowners insurance coverage; and any other payments from a source intended to compensate a Member for Third Party injuries. By accepting benefits under this Plan, the Member specifically acknowledges HMO’s right of subrogation. When this Plan provides health care benefits for expenses incurred due to Third Party injuries, HMO shall be subrogated to the Member’s rights of recovery against any party to the extent of the full cost of all benefits provided by this Plan. HMO may proceed against any party with or without the Member’s consent. By accepting benefits under this Plan, the Member also specifically acknowledges HMO’s right of reimbursement. This right of reimbursement attaches when this Plan has provided health care benefits for expenses incurred due to Third Party injuries and the Member or the Member’s representative has recovered any amounts from any sources, including but not limited to: payments made by a Third Party or any insurance company on behalf of the Third Party; any payments or awards under an uninsured or underinsured motorist coverage policy; any Workers’ Compensation or disability award or settlement; medical payments coverage under any automobile policy, premises or homeowners medical payments coverage or premises or homeowners insurance coverage; and any other payments from a source intended to compensate a Member for Third Party injuries. By providing any benefit under Certificate, HMO is granted an assignment of the proceeds of any settlement, judgment or other payment received by the Member to the extent of the full cost of all benefits provided by this Plan. HMO’s right of reimbursement is cumulative with and not exclusive of HMO’s subrogation right and HMO may choose to exercise either or both rights of recovery. By accepting benefits under this Plan, the Member and the Member’s representatives further agree to:
Appears in 7 contracts
Samples: Group Agreement, Group Agreement, Group Agreement
