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obtaining written Member consent. Neither Company nor Payor shall be Uable <br />for any health care services or supplies wh ich are determined by Compan.v. <br />Payor or lhelr dealgnae lo be a Non -C overed Service ; however, ,the Member may <br />be llable ror Non-Covered Se111lces subject to the lerma set forth lo Settlons <br />3.9.2 through 3.9.4 herein . l.n no evenl win Company or Payor be respona!ble fur <br />any amount owed by Member to M_edlcal . Group for Non-Covered Services In the <br />event that Medical Group Is unable to collect such amount from Member . <br />3.9.2 Medical Group may btll a Member ro:r services or supplies delem, ned by <br />Comp.any or Its designee to be not Medically Necessary only II Medical Group <br />has obtained appropriate Member consent In writing . At a minimum. the written <br />Member consent must Include the follow!ng information: Member name : specific <br />service or supply : date of service , if kTiown . a stalemflnt nfoiming .the Member <br />that lhe serv,ice or supply may; be a Non-C1>vered Service; and a statement <br />where !he Member agrees l o pay for the Non-Covered Service . The written <br />Member consent muat be signed by She Member, _Member's .guard l.in or <br />Membe r's eulhorized hea llh care representative and maintained In Medical <br />Group's reco<ds . Medical Group agrees to wrlte off and not charge Company , <br />Payoi or Member any amount owed for not Med cally Necess_ary services or <br />supplies if Medical Group falls to oblain suc;h written consent. <br />3.9.3 For services re ndered 10 Members enrolled in Med icaid that are determined by <br />Company or Payor 10 be ln11estigetional , Medical Group must obtain the written <br />Member consent as describ~ In the Heahhy Options Administrative Manual <br />before re,nderlng services In order to charge lhe Men1ber for the se!Vlces . II <br />Med fcal Group fails to obtain such written Member consent Medical Group <br />agrees to write off end not charge Coni,:,any, Payor or Member for such <br />lnvesfigalional services . Fo r all other Members receiving services that may be <br />deemed lnvestiga1 onal by co.,,paoy or Payor, a written Member consent Is not <br />required In order to cJiarge Members for such .services, However, Company still <br />enaou,-t1ges Medical Group to Inform Member before services are rlltldered that. <br />suet, se,vlee& may be deemed Non-Covered Secvices by· Company or Payor, <br />and that If the services are deerned Non•Covered Services the .cost of such <br />services will be the reaponsl blfity of the Member. <br />3.9.4 Services or supplies provided to Members aftl!U' they have exhausted their ar,nuaJ <br />or Nfetlme benefit for such Hrvlces as provided In lhe S1,1bserlber Agreement <br />shall no longer be subject to lhe terms of this Agreement , except for the clalm or <br />ciafm line (a s epplicable) that results In the heneRt maximum to be exc_eeded , <br />For that claim or claim line (as applfcable), M~lcal Group agre11s that any, <br />bala~ce billed to the Member shall be the lesser of billed charges or the allowed <br />amuunl undttr thi.s Agreement less any amount paid by Company or Payor. The <br />"clalm llne•· language 16 appllc·abfl;! where servi~ or supplies are pa id <br />lndlvldually . Tile "claim ~ language i& applicab le for services paJd based on an <br />episode of care . <br />3 .9 .6 Medical Group shall nor bill Members for C9vered Services (except for <br />deductibles , copaymenl,s or colnS11rance) where Company or Payor der,les <br />paymenl because Medical Gro up ha s failed to ccmply with the terms ol this <br />Agreement. <br />3. 1 0 IMEllGIBLE MEMM.B..$ -Company is nol obligated to make payment t.o Mer:flcal Group <br />for serv ice s provided to an indivi dual who is not, al the time such services are rece ived, a <br />duly ellglble Member . The fact l~al an htdlvid ual !)Oaaesses an ldenllncation oard wl ll not <br />obllgate Company to pay or provide services If on the dale(s) lhal such seNice11 were <br />rendered , the Individual Is, or la later to have found to !Jave been. lnellglbte for medical <br />benefits; eKcept in cc1ses where ·the ·Compar,y has provided prior authorlzatJon lo the <br />Medical Group for a requested service . Authorization by company rar a re ql.lesled <br />service does not guarantee that the Member Is eligi ble or will conl!nue to be ellglble for <br />Asuria MGA Agreement (Rev. 0512017) A 188 t 6854AA Page 8 ol 20