AMERICAN SPECIALTY HEALTH PLANS GROUP SUBSCRIBER AGMT 1998

Member agrees to cooperate in protecting ASHP's interests under this provision. Member shall execute and deliver to ASHP or its nominee any and all liens, assignments or other documents which may be necessary or proper to fully and completely effectuate and protect ASHP's rights, or its nominee, including, but not limited to, the granting of a lien right in any claim or action made or filed on Member's behalf and the signing of documents evidencing the same. Member shall not settle any claim, or release any person from liability, without ASHP's prior written consent if such release or settlement will extinguish or act as a bar to ASHP's right of reimbursement. In the event ASHP employs an attorney for the purpose of enforcing any part of this section against a Member based on such Member's failure to cooperate with ASHP, the prevailing party in any legal action or proceeding shall be entitled to reasonable attorney's fees. In lieu of payment as indicated above, ASHP, at it's option, may choose to be subrogated to the Member's rights to the extent of the benefits received under this Health Plan. ASHP's subrogation right shall include the right to bring suit in the Member's name. Member shall fully cooperate with ASHP when ASHP exercises its right of subrogation and Member shall not take any action or refuse to take any action which should prejudice the rights of ASHP under this Section 12.01. 13. NON DUPLICATION OF BENEFITS/COORDINATION OF BENEFITS. 13.01 Worker's Compensation. ASHP shall not furnish benefits under this Agreement to any Member which duplicate the benefits to`which such Member is entitled under any applicable workers' compensation law. The Member is responsible for taking whatever action is necessary to obtain payment under worker's compensation laws where payment under that system can be reasonably expected. Failure to take proper and timely action under such circumstances will preclude ASHP's responsibility for furnishing such benefits on behalf of such Member to the extent that payment of such benefits could have been reasonably expected under workers' compensation laws had action been taken. In the event ASHP for any reason provides benefits which duplicate the benefits to which Member is entitled under workers' compensation law, Member agrees to reimburse ASHP or its nominee, for the cost of all such services and benefits provide by ASHP, at Prevailing Rates, immediately upon obtaining a monetary recovery, whether due to settlement or judgment. Member shall hold any sum collected as the result of a worker's compensation action in trust for ASHP. Such sum shall not exceed the lesser of the amount of the recovery obtained by the member or the reasonable value of all services and benefits furnished to Member or on Member's behalf by ASHP on account of each incident. Member Agrees to cooperate in protecting ASHP's interests under this provision. Member must execute and deliver to ASHP or its nominee any and all liens, assignments, or other documents which may be necessary or proper to fully and completely effectuate and protect ASHP's rights, or its nominee, including, but not limited to, the granting of a lien right in any claim or action made or filed on Member's behalf and the signing any documents evidencing such lien. Member's failure to cooperate reasonably with ASHP as provided in this Section 13.01 may result in such Member's termination from this Health Plan. 13.02 Medicare Benefits. Member shall furnish information to ASHP concerning Member's eligibility for Medicare "(Part Aand/or Part B Coverage)" upon request by ASHP. If a Member is eligible to enroll in Medicare, ASHP shall furnish benefits under this Agreement on Member's behalf in accordance with federal law and regulation, regardless of whether or not Member has actually enrolled in Medicare. Should the cost of Chiropractic Services exceed the coverage of any applicable Medicare coverage, ASHP benefits shall be provided over and above such coverage.