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Care Improvement Plus! This provider manual

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We are also entitled to be fully reimbursed for any and all benefit payments we make to you or on your<br />

behalf that are the responsibility of any person, organization, or insurer. Our right of reimbursement is<br />

separate and apart from our subrogation right, and is limited only by the amount of actual benefits paid<br />

under our plan. You must immediately pay to us any amounts you recover by judgment, settlement,<br />

award, recovery, or otherwise from any liable third party, his or her insurer, to the extent that we paid out<br />

or provided benefits for your injury, illness, or condition during your enrollment in our plan.<br />

Antisubrogation rules do not apply<br />

Our subrogation and reimbursement rights shall have first priority, to be paid before any of your other<br />

claims are paid. Our subrogation and reimbursement rights will not be affected, reduced, or eliminated by<br />

the "made whole" doctrine or any other equitable doctrine. We are not obligated to pursue subrogation or<br />

reimbursement either for our own benefit or on your behalf. Our rights under Medicare law and this<br />

Evidence of Coverage shall not be affected, reduced, or eliminated by our failure to intervene in any legal<br />

action you commence relating to your injury, illness, or condition.<br />

33

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