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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