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3.5.6 If the Medical Group contracts with other health care providers or facilities who <br />agree to provide Covered Services to Members with the expectation of receiving <br />payment directly or indirectly from the Company, such providers or facilities must <br />agree to abide by the above provisions 3.5.1, 3.5.2, 3.5.3, and 3.5.4 and 3.5.5. <br />3.6 I.HJ~_Q -PA Y P ME T -Members may be eligible for coverage from another payer <br />including, but not limited to, other individual or group health plans, liability insurers, <br />entities providing workers' compensation or occupational disease coverage, Medicare or <br />other government programs. The parties will inform each other whenever a Member has <br />coverage from such other payers. Medical Group will collect payment from third-party <br />payers, using Medical Group's customary collection procedures, whenever such payers <br />have primary responsibility to provide or pay for Covered Services in accordance with the <br />Coordination or Benefits and third-party liability requirements of Members' Health Plans. <br />If Company is required to pay a portion of Medical Group's charges for Covered Services <br />not covered by other payers, Company will pay Medical Group only that amount which <br />when added to lhe amounts paid or owed by the other payer and any Copayrnent, <br />Deductible or Co-Insurance charges for which the Member is responsible, will not exceed <br />the payment for such services under this Agreement. <br />3.7 DUPLICATE BILLING -Unless otherwise instructed by Company, Medical Group agrees <br />to refrain from submitting more than one bill lo Company for Covered Services furnished <br />to Member pursuant to this Agreement. Medlcal Group will not, under any <br />circumstances, including a delay in Company's processing of Medical Groop's claims, bill <br />Members for Covered Services while waiting for payment. <br />3.8 ADJUSTMENTS -Medical Group will refund to the Company all overpayment amounts <br />Company has paid to Medical Group because of payment error, duplicate insurance, <br />Workers' Compensation recovery or other third party liabllity recovery, among other <br />reasons, up to the amount of the overpayment. Medical Group will refund such <br />overpayment amounts provided that written notification that a refund is due is received <br />within twenty-four (24) months of original payment of the claim (thirty (30) months in the <br />case of claims involving Coordination of Benefits), except if recovery from a third party Is <br />the cause of the delay. In the case of recovery from a third party, the Company may <br />request that Medical Group refund a payment or part of a payment at any time if: (a) a <br />lhird party, including a government entity, Is found legally responsible or liable for <br />satisfaction of the claim as a consequence of liability imposed by raw (e.g., tort liability); <br />and (b) the Company is unable to recover directly from the third party because the third <br />party has either already paid or will pay the Medical Group for the daim. Notwithstanding <br />the foregoing, Medical Group may contest a refund request made by the Company. <br />However, if Medical Group fails to contest the refund request, in writing, within thirty (30) <br />days of receipt of written notification that a refund Is due, Company shall conclude that <br />Medical Group has accepted the Company's refund request and may deduct from future <br />payments due to Medical Group the amount equal to the amount of the overpayment, <br />among other remedies. <br />Medical Group shall not request from Campany any additional payment to satisfy a claim <br />unless the request is (a) in a writing that apecifias why Company owes the additional <br />payment, and (b) made within twenty-four (24) months after the original date the claim <br />was paid or denied (thirty (30) months In the case of claims Involving Coordination of <br />Benefits). <br />None of the aforementioned time limitations apply to requests for refunds or addlllonal <br />payments involving fraud. All disputes and appeals of billing issues pursuant to Section 9 <br />must be Initiated within the aforementioned time limitations. <br />3.9 t':!..Qf':J~OVER ED SERVICES <br />3.9.1 Except as otherwise set forth in this Section 3 9, Medical Group may charge <br />Member for Non-Covered Services under the Subscriber Agreement without <br />Asur1s MGA Agreement (Rev. 05/2017) A18818854AA Page 7 of 20