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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