WHEREAS
the undersigned is a TRICARE beneficiary (Sponsor's Name,
Sponsor's SSN) entitled to benefits of TRICARE under applicable
provisions of law and regulation and,
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WHEREAS
the TRICARE program is by law a secondary payor to all other insurance,
medical insurance or health plans, to the extent that a particular
service or supply is a benefit under such other plans and,
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WHEREAS,
the undersigned is a beneficiary of another medical benefits plan
provided through (Name Of Primary Insurer), which has
ceased honoring claims pursuant to (Reason, i.e., filing a
petition in bankruptcy, having been placed in receivership).
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NOW
THEREFORE, in consideration of TRICARE assuming a first-payor status
on claims submitted by me, I hereby assign to the United States
of America (USA) to the extent hereinafter indicated, all claims, demands,
entitlements, judgments, administrative awards, and the proceeds
thereof, and all causes of action which I now have, and which I
may have hereafter, by reason of any liability of third parties entitling
me to hospital care, or medical or surgical treatment, or to reimbursement
for all or part of the cost of any such; or recovery of damages
for all or part thereof:
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(a)
based on contract, partially enumerated here as (1) membership in
a union, fraternal or other organization; (2) rights under a group
hospitalization plan or under any insurance, contract or plan which
provides for payment or reimbursement for the cost of medical or
hospital care, including “no fault” automobile insurance.
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(b)
based on statute, State or Federal (other than Public Law 87-693,
76 Stat. 593), and regulations promulgated pursuant thereto, partially
enumerated here as (1) “worker’s compensation” statutes; (2) “employer’s
liability” statutes; (3) right to “maintenance and cure” in admiralty.
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The
extent of this assignment is an amount equal to the total reasonable
charges for hospital care, medical, surgical and clinical treatment,
or any of them, including ambulance transportation and other auxiliary
services received by me. This assignment does not include any sums
to which I am entitled on a fixed basis which do not depend upon
the amount incurred or disbursed by me for such care; (sometimes
referred to in the insurance business as a right to indemnity).
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The
various provisions of this assignment are separable. The execution
hereof is without prejudice to any lien in favor of the party providing
me hospital or other care, on any such money, and any judgment,
which I recover, or am or become entitled to recover, which lien
arises by virtue of statute, or of contract, including this contract,
(which shall be construed as granting such a lien, and not as an election
of waiver thereof); and I further agree that any such rights of
mine are and shall be for the benefit of said USA to the extent
of the reasonable charges for the care furnished me.
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I
hereby irrevocably appoint the USA to do all acts, matters and things
deemed necessary or desirable by it with full power and authority
in my name, but at the cost, risk and charge, and for the sole benefit of
said USA to sue for, or compromise, and to recover and receive all
or part of the amount hereby assigned; and irrespective of assignment,
to collect and disburse such funds in my behalf; and to give releases
for the same; but no such action shall limit or prejudice my right
to recover for my own benefits all sums in excess of those amounts
representing said reasonable charges for aid, care and treatment, or
other sums to which I may be entitled.
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I
hereby authorize the USA to disclose to said insurer, or other party
against whom liability is asserted, or his or their attorneys, such
information concerning me as the responsible representatives of
the USA consider appropriate in connection with the subject matter
hereof.
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This
POWER OF ATTORNEY AND AGREEMENT shall remain in effect until such
time as I am again fully covered by other insurance and any claims
outstanding with (Name Of Primary Insurer) have been fully
resolved and settled or until voluntarily terminated by the USA.
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DATED
this _______________day of __________________, 20__.
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_____________________________________
(Signature of Beneficiary)
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Witness:
________________
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_____________________________________
(Beneficiary’s SSN)
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