Third Party
Liability
All work-related injuries and others responsible for your injury need to be
documented. Under certain circumstances, others may be liable for medical
expenses you incur.
Kaiser will provide you with services even if you were injured through the
fault of someone else. If you collect any money from the other person or from
his/her insurance company, you will be required to reimburse Kaiser (or its
designee) at non-member rates for medical care Kaiser provided you for that
injury or illness, up to the amount you (or your estate, parent, or
court-appointed guardian) receive from the settlement or judgment. Kaiser shall
have a lien on the settlement or judgment for the purpose of that
reimbursement.
Payment will be made for covered emergency care services received from
out-of-plan providers even if you were injured through the fault of someone
else. If you collect any money from the other person or from his or her
insurance company, you will be required to reimburse Kaiser (or its designee)
for those payments Kaiser made for medical care provided to you for that injury
or illness, up to the amount you received from the settlement or judgment.
Kaiser shall have a lien on the settlement or judgment for the purpose of that
reimbursement.
At Kaiser's request, you shall execute lien forms directing your attorney
or the other person to make payments directly to Kaiser from the proceeds of the
settlement or judgment. If Kaiser institutes legal action to enforce its lien,
the party that substantially prevails shall be reimbursed for the reasonable
costs of collection, including attorney fees, by the other party(s).
This provision applies even if the total settlement or judgment you receive
is less than your action damages. It is your responsibility to notify Kaiser of
any actual or potential claim or legal action you anticipate bringing or have
brought against the other person within 30 days from the date of filing a claim
or legal action against the other person.
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