• then, the Plan of the parent with custody of the child; • then, the Plan of the Spouse of the parent with custody of the child; • then, the Plan of the noncustodial parent of the child, and • finally, the Plan of the Spouse of the parent not having custody of the child. • The Plan that covers You as an active Employee (or as that Employee's Dependent)shall be the Primary Plan and the Plan that covers You as a laid-off or retired Employee (or as that Employee's Dependent)shall be the Secondary Plan. If the other Plan does not have a similar provision and, as a result, the Plans cannot agree on the order of benefit determination, this paragraph shall not apply. • The Plan that covers You under a right of continuation which is provided by federal or state law shall be the Secondary Plan and the Plan that covers You as an Employee in Active Service (or as that Employee's Dependent)shall be the Primary Plan. If the other Plan does not have a similar provision and, as a result, the Plans cannot agree on the order of benefit determination, this paragraph shall not apply. • If one of the Plans that covers You is issued out of the state whose laws govern this Policy, and determines the order of benefits based upon the gender of a parent, and as a result, the Plans do not agree on the order of benefit determination, the Plan with the gender rules shall determine the order of benefits. If none of the above rules determines the order of benefits, the Plan that has covered You for the longer period of time shall be primary. Effect on the Benefits of This Plan If this Plan is the Secondary Plan, the benefits that would be payable under this Plan in the absence of Coordination will be reduced by the benefits payable under all other Plans for the expense covered under this Plan. When a Plan provides benefits in the form of services, the Reasonable Cash Value of each service rendered will be considered both an expense incurred and a benefit payable. Recovery of Excess Benefits If We pay charges for services and supplies that should have been paid by the Primary Plan, We will have the right to recover such payments. We will have sole discretion to seek such recovery from any person to, or for whom, or with respect to whom, such services were provided or such payments made by any insurance company, healthcare plan or other organization. If We request, You must execute and deliver to Us such
instruments and documents as We determine are necessary to secure the right of recovery. Right to Receive and Release Information We, without consent or notice to You, may obtain information from and release information to any other Plan with respect to You in order to coordinate Your benefits pursuant to this section. You must provide Us with any information We request in order to coordinate Your benefits pursuant to this section. This request may occur in connection with a submitted claim; if so, You will be advised that the "other coverage" information, (including an Explanation of Benefits paid under the Primary Plan) is required before the claim will be processed for payment. If no response is received within 55 days of the request, the claim will be closed. If the requested information is subsequently received, the claim will be processed.
HCVIS-COB1
01-24
Expenses For Which A Third Party May Be Responsible This plan does not cover: • Expenses incurred by You or Your Dependent(s)for which another party may be responsible as a result of having caused or contributed to an injury or sickness. • Expenses incurred by You or Your Dependent(s)to the extent any payment is received either directly or indirectly from a third party tortfeasor or as a result of a settlement, judgment or arbitration award in connection with any automobile medical, automobile no-fault, uninsured or underinsured motorist, homeowners, workers' compensation, government insurance (other than Medicaid), or similar type of insurance or coverage. The coverage under this plan is secondary to any automobile no-fault or similar coverage. Right of Reimbursement If a Covered Person incurs expenses for Covered Vision Services for which another party may be responsible or for which the Covered Person may receive payment as described above, We will be granted a right of reimbursement, to the extent of the benefits provided by Us, from the proceeds of any recovery whether by settlement, judgment, or otherwise. Lien of the Plan By accepting benefits under this plan, a Covered Person: • grants a lien and assigns to Us an amount equal to the benefits paid under this plan against any recovery made by
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