Common use of Conditional Payments Clause in Contracts

Conditional Payments. It is not the purpose of this Settlement to shift responsibility of medical care in this matter to the Medicare program pursuant to 42 U.S.C. Sec. 1395y(b). Instead, this settlement is intended to resolve a dispute between the parties. The Plaintiff and Settlement Class Members have been advised and fully understand that conditional payments, if any, are the responsibility of the Plaintiff and Settlement Class Members, or their representatives, and must be satisfied out of these settlement proceeds. The Plaintiff and Settlement Class Members and/or their estates agree to investigate and assume any responsibility and/or liability to pay any current Medicare liens, Medicare Advantage Plan liens, Medicaid liens and/or private health insurance liens that may be related to the injuries in question. Further, Plaintiff and Settlement Class Members and/or their estate agree to pay any future Medicare, Medicare Advantage Plan, Medicaid and/or private health insurance liens that may arise that are determined to be related to this injury. Settlement Counsel will agree to withhold sufficient funds from the settlement to fully satisfy any and all Medicare, Medicare Advantage plan, Medicaid, private health insurance, or any other liens that may exist. In the event such liens (Medicare, Medicare Advantage Plan, Medicaid, private health insurance, or any other liens that may exist) do exists, Settlement Counsel must provide APS with a copy of any and all correspondence reflecting that such liens have been fully satisfied.