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AETNA PPO PLAN - My Benefits Portfolio - Trinity Health

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4) Assisting in Plan’s Reimbursement Activities. You have an obligation to assist the Plan in obtaining<br />

reimbursement of the total amount paid on your behalf for the benefits or expenses for Covered<br />

Services, and to provide the Plan with any information concerning your other insurance coverage<br />

(whether through automobile insurance, other group health program, or otherwise) and any other person<br />

or entity (including your insurer(s)) that may be obligated to provide payments or benefits to you or for<br />

your benefit. You are required to (a) notify the Plan Administrator within 30 days of the date when any<br />

notice is given to any party, including an insurance company or attorney, of your intention to pursue or<br />

investigate a claim to recover damages or obtain compensation due to Injury, Illness, or a condition<br />

sustained by you, (b) cooperate fully in the Plan’s exercise of its rights to subrogation and<br />

reimbursement, (c) not do anything to prejudice those rights (such as settling a claim against another<br />

party without including the Plan as a co-payee for the total amount paid on your behalf for the benefits<br />

or expenses for Covered Services and notifying the Plan) or to prejudice the Plan’s ability to enforce<br />

the terms of this provision, (d) sign any document deemed by the Plan Administrator to be relevant to<br />

protecting the Plan’s subrogation, reimbursement or other rights, and (e) provide relevant information<br />

when requested. The term “information” includes any documents, insurance policies, police reports, or<br />

any reasonable request by the Plan Administrator to enforce the Plan’s rights. Failure to provide<br />

requested information may result in the termination of your coverage under the Plan or the institution<br />

of court proceeding against you.<br />

5) Overpayments. If a benefit payment is made to or on behalf of any person that exceeds the benefit<br />

amount such person is entitled to receive in accordance with the terms of the Plan, this Plan has the<br />

right:<br />

• To require the return of the overpayment on request; or<br />

• To reduce, by the amount of the overpayment, any future benefit payment made to or on behalf of<br />

that person or another person in his or her family.<br />

This provision does not affect any other right of recovery the Plan may have with respect to<br />

overpayments.<br />

Your failure to follow the above terms and conditions may result, at the discretion of the Plan<br />

Administrator, in a reduction from future benefit payments available to you under the Plan of an amount<br />

up to the aggregate amount paid on your behalf for the benefits or expenses for Covered Services that<br />

has not been reimbursed to the Plan.<br />

In the event that any claim is made that any part of this subrogation and reimbursement provision is<br />

ambiguous or questions arise concerning the meaning or intent of any of its terms, the Plan Administrator<br />

or its delegate shall have the sole authority and discretion to resolve all disputes regarding the<br />

interpretation of this provision.<br />

By accepting benefits (whether the payment of such benefits is made to you or made on behalf of you to<br />

any Provider) from the Plan, you agree that any court proceeding with respect to this provision may be<br />

brought in any court of competent jurisdiction as the Plan may elect. By accepting such benefits, you<br />

hereby submit to each such jurisdiction, waiving whatever rights may correspond to you by reason of your<br />

present or future domicile.<br />

AMENDMENT OR TERMINATION OF THE <strong>PLAN</strong><br />

<strong>Trinity</strong> <strong>Health</strong> intends to continue this Plan indefinitely. However, certain circumstances may require that<br />

this Plan be amended or terminated. <strong>Trinity</strong> <strong>Health</strong> expressly reserves the right to amend, modify, or<br />

terminate this Plan at any time in its sole discretion by action of a duly Authorized Representative.<br />

In the event that any such action results in the termination of coverage, benefits will only be paid for<br />

claims incurred prior to the date of termination of coverage.<br />

39

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