AMERICAN SPECIALTY HEALTH PLANS GROUP SUBSCRIBER AGMT 1998

10.01.07Disenrollment for Cause. A Member may be disenrolled for cause if the Member's conduct is such as to be unduly disruptive or injurious to the Participating Chiropractor-patient relationship so that the Member's treatment suffers as a result. A disenrollment for cause shall be effective on the first day of the calendar month following the month in which notice of disenrollment is given to the Member. 10.01.08 Voluntary Disenrollment by Member. A Member may voluntarily disenroll by submitting a written request for disenrollment to Group in a manner to be determined by Group; provided Group allows for such voluntary disenrollment. Group shall forward all such requests to ASHP for processing. Group shall be responsible for any Member premiums through the last day of the first full month after notice of disenrollment is received by ASHP. 10.02 Written Notice of Termination. When a written notice of termination is sent to the Member pursuant to Paragraph 9 or 10 of this Agreement, it shall be dated and state: a. The cause of termination with specific reference to the Section of this Agreement giving rise to the right of termination; b. That the cause for termination was not the Member's health status or requirements for health care services; c. The effective date of termination; d. That notwithstanding the Member Grievance Procedure set forth in Section 7.01 of this Agreement, Member may request a review before the Commissioner of Corporations for the State of California, if Member believes that his or her Health Plan membership has been terminated because of Member's health status of requirements for health care services. 10.03 Non- liability After termination. Upon termination of this Agreement for any reason, ASHP shall have no further liability to provide benefits to any Member. Member's rights to receive benefits hereunder shall cease upon the effective date of termination. 11. CONTINUATION OF BENEFITS. 11.01 Continuation of Benefits Under COBRA. ASHP shall make available continuation coverage under this Health Plan to Members entitled to continuation, provided that Group requests such coverage and the coverage is required under the consolidation Omnibus Budget Reconciliation Act of 1985, as amended ("COBRA"). The continuation coverage under this Section 11.01 shall be equal to, and subject to the same limitations as, the benefits provided to other Members enrolled by Group in this Health Plan. 12. THIRD PARTY LIABILITY. 12.01 Third Party Liability. In the case of injuries caused by any act or omission of a third party, and any complications incident thereto, the benefits of this Agreement shall be furnished by ASHP to Member. Member agrees, however, to reimburse ASHP, or its nominee, for the cost of all such services and benefits immediately upon obtaining a monetary recovery, whether due to settlement or judgment, on account of such injury. Member shall hold any such sum in trust for ASHP, but said sum shall not exceed the lesser of, the amount of the recovery obtained by Member or the reasonable value of all such services and benefits furnished to Member or on a Member's behalf by ASHP on account of such incident. Member agrees that ASHP's reimbursement under this section 12.01 is the first priority claim against any third party. This means that ASHP shall be reimbursed from any recovery from a third party before payment of any other existing claims, including any claim by the Member for general damages. ASHP may collect from the proceeds of any settlement or judgment recovered by Member or his or her legal representative regardless of whether the Member has been fully compensated.