
Health Care
Communication Members y September 2008 29
Claims Administrators’ Rights
The plan has the right to receive and release necessary information to determine
whether coordination of benefits or any similar provisions apply to a claim. If the
plan makes larger payments than are necessary under the COB provision, the
appropriate claims administrator has the right to recover those excess payments.
Recovery may be made from any insurance company, any organization and/or
any persons to or for whom those payments were made. In the case of
underpayment, the plan may reimburse another plan directly instead of paying
the person requesting benefit payment.
Coordinating with Medicare
Integrating Benefits with Medicare
While you are actively employed, regardless of your age, the plan is primary to
Medicare for you and your covered dependents. Benefits under the plan are
determined before Medicare’s benefits.
Medicare Coverage for Individuals with End-Stage Renal Disease
In all situations involving end-stage renal disease (ESRD), regardless of age or
Medicare status, the plan is the primary payor of medical expenses for the first 30
months of entitlement to Medicare because of ESRD. After the first 30 months of
ESRD entitlement, Medicare is the primary payor, and the plan is the secondary
payor. Primary coverage ends 36 months after the month in which a patient has a
successful kidney transplant.
Subrogation
If you or your dependent incurs medical or dental charges due to injuries caused
by a third party, you may have a claim against the third party, or an insurer, for
payment of those medical or dental charges. By accepting benefits for those
charges under this plan, you automatically assign the plan any rights you or your
dependent may have to recover payments from the third party or insurer.
This subrogation right allows the plan to pursue any claim you or your dependent
has against any third party or insurer, whether or not you or your dependent
chooses to pursue that claim. The plan may make a claim directly against the
third party or against the insurer. If you or your dependent file a claim, the plan
has a right to any amount recovered by you or your dependent, whether or not it
is designated as payment for medical or dental expenses. This remains in effect
until the plan is paid in full.
When you accept benefits under this plan, you acknowledge the plan’s right to
subrogation and reimbursement. The plan’s rights to subrogation and
reimbursement give the plan priority over any funds paid by a third party to you or
your dependent relative to the injury or sickness. This includes priority over any
claim for non-medical or dental charges, attorneys’ fees or other costs and
expenses (the Illinois Common Fund Doctrine or any other state law affecting
these rights is preempted). The plan’s rights are limited to the extent to which it
has made or will make payments for medical or dental charges, as well as any
costs and fees incurred as a result of enforcing its rights under the plan.
When a right of recovery exists, no benefits will be paid unless and until you
return a signed agreement to the Fund Office stating that you will do whatever is
necessary to secure the plan’s right of subrogation. In addition, you must not do
anything to hinder the plan’s right to subrogate.