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Disclosure form and evidence of coverage - Kaiser Permanente ...

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<strong>of</strong>ten get your care as usual from Plan Providers, <strong>and</strong> the<br />

other <strong>coverage</strong> you have will simply help pay for the<br />

care you receive. In other situations, such as benefits that<br />

we don't cover, you may get your care outside <strong>of</strong> our<br />

Plan directly through your other <strong>coverage</strong>.<br />

In general, the <strong>coverage</strong> that pays its share <strong>of</strong> your bills<br />

first is called the "primary payer." Then the other<br />

company or companies that are involved (called the<br />

"secondary payers") each pay their share <strong>of</strong> what is left<br />

<strong>of</strong> your bills. Often your other <strong>coverage</strong> will settle its<br />

share <strong>of</strong> payment directly with us <strong>and</strong> you will not have<br />

to be involved. However, if payment owed to us is sent<br />

directly to you, you are required under Medicare law to<br />

give this payment to us. When you have additional<br />

<strong>coverage</strong>, whether we pay first or second, or at all,<br />

depends on what type or types <strong>of</strong> additional <strong>coverage</strong><br />

you have <strong>and</strong> the rules that apply to your situation. Many<br />

<strong>of</strong> these rules are set by Medicare. Some <strong>of</strong> them take<br />

into account whether you have a disability or have endstage<br />

renal disease, or how many employees are covered<br />

by an employer's group plan.<br />

If you have additional health <strong>coverage</strong>, please call our<br />

Member Service Contact Center to find out which rules<br />

apply to your situation, <strong>and</strong> how payment will be<br />

h<strong>and</strong>led.<br />

Reductions<br />

Employer responsibility<br />

For any Services that the law requires an employer to<br />

provide, we will not pay the employer, <strong>and</strong>, when we<br />

cover any such Services, we may recover the value <strong>of</strong> the<br />

Services from the employer.<br />

Government agency responsibility<br />

For any Services that the law requires be provided only<br />

by or received only from a government agency, we will<br />

not pay the government agency, <strong>and</strong>, when we cover any<br />

such Services, we may recover the value <strong>of</strong> the Services<br />

from the government agency.<br />

Injuries or illnesses alleged to be caused by<br />

third parties<br />

Third parties who cause you injury or illness (<strong>and</strong>/or<br />

their insurance companies) usually must pay first before<br />

Medicare or our Plan. Therefore, we are entitled to<br />

pursue these primary payments. If you obtain a judgment<br />

or settlement from or on behalf <strong>of</strong> a third party who<br />

allegedly caused an injury or illness for which you<br />

received covered Services, you must pay us Charges for<br />

those Services, except that the amount you must pay will<br />

not exceed the maximum amount allowed under<br />

California Civil Code Section 3040. Note: This "Injuries<br />

or illnesses alleged to be caused by third parties" section<br />

does not affect your obligation to pay Cost Sharing for<br />

these Services, but we will credit any such payments<br />

toward the amount you must pay us under this section.<br />

To the extent permitted or required by law, we have the<br />

option <strong>of</strong> becoming subrogated to all claims, causes <strong>of</strong><br />

action, <strong>and</strong> other rights you may have against a third<br />

party or an insurer, government program, or other source<br />

<strong>of</strong> <strong>coverage</strong> for monetary damages, compensation, or<br />

indemnification on account <strong>of</strong> the injury or illness<br />

allegedly caused by the third party. We will be so<br />

subrogated as <strong>of</strong> the time we mail or deliver a written<br />

notice <strong>of</strong> our exercise <strong>of</strong> this option to you or your<br />

attorney, but we will be subrogated only to the extent <strong>of</strong><br />

the total <strong>of</strong> Charges for the relevant Services.<br />

To secure our rights, we will have a lien on the proceeds<br />

<strong>of</strong> any judgment or settlement you or we obtain against a<br />

third party. The proceeds <strong>of</strong> any judgment or settlement<br />

that you or we obtain shall first be applied to satisfy our<br />

lien, regardless <strong>of</strong> whether the total amount <strong>of</strong> the<br />

proceeds is less than the actual losses <strong>and</strong> damages you<br />

incurred.<br />

Within 30 days after submitting or filing a claim or legal<br />

action against a third party, you must send written notice<br />

<strong>of</strong> the claim or legal action to:<br />

Northern California Region Members:<br />

Healthcare Recoveries, Inc.<br />

Subrogation Mailbox<br />

9390 Bunsen Parkway<br />

Louisville, KY 40220<br />

Southern California Region Members:<br />

The Rawlings Group<br />

Subrogation Mailbox<br />

P.O. Box 2000<br />

LaGrange, KY 40031<br />

In order for us to determine the existence <strong>of</strong> any rights<br />

we may have <strong>and</strong> to satisfy those rights, you must<br />

complete <strong>and</strong> send us all consents, releases,<br />

authorizations, assignments, <strong>and</strong> other documents,<br />

including lien <strong>form</strong>s directing your attorney, the third<br />

party, <strong>and</strong> the third party's liability insurer to pay us<br />

directly. You may not agree to waive, release, or reduce<br />

our rights under this provision without our prior, written<br />

consent.<br />

If your estate, parent, guardian, or conservator asserts a<br />

claim against a third party based on your injury or<br />

illness, your estate, parent, guardian, or conservator <strong>and</strong><br />

any settlement or judgment recovered by the estate,<br />

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