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<br />) <br /> <br />11.45.02 Engagement in an illegal occupation; <br /> <br />11.45.03 Your participation in, or cOlnrnission of, any act punishable by law as a felony whether or <br />not you are charged or convicted. <br /> <br />11.46 Ventilator dependent care, except as provided in Part X (Schcdule of Basic Benefits) for 100 days <br />lifetime maximum benefit. <br /> <br />11.47 Workers' Compensation benefits. Any sickness or injury for which the covered person is paid <br />benefits, or may be paid benefits if claimed, if the covered person is covered or required to be covered <br />by Workers' Compensation. In addition, if the covered person enters into a settlement giving up rights <br />to recover past or future medical benefits under a Workers' Compensation law, AvMed shall not cover <br />past or future Medical Services that are the subject of or related to that settlement. Furthermore, if thc <br />covered person is covered by a Worker's Compensation program that limits benefits if other than <br />specified health care providers arc used and the covered person receives care or services from a health <br />care provider not specified by the program, AvMed shall not cover the balance of any costs remaining <br />after the program has paid. <br /> <br />') <br /> <br />..") <br /> <br />XII. COORDINATION OF BENEFITS <br /> <br />12.01 The services and benefits provided under this Contract are not intended to and do not duplicate any <br />benefit to which Members are entitled under any other Group Hcalth Insurance, HMO, personal injury <br />protection and medical payments under the automobile insurance laws of this or any other jurisdiction, <br />governmental organization, agency, or any other entity providing health or accident benefits to a <br />Member, including but not limited to: Medicare, Worker's Compensation, Pnblic Health Servicc, <br />Champus, Maritime Health Benefits, or similar state programs as permitted by contract, policy, or law. - <br />AvMcd coverage will be primary to Medicaid and Children's Health Insurance Program (CHIP) <br />benefits. <br /> <br />) <br /> <br />12.02 If any covered person is eligible for services or benefits under two or more plans as set forth in Section <br />12.0 I, the coverage under those plans will be coordinated so that up to but not more than 100% of any <br />eligiblc expense will be paid for or provided by all such plans combined. The Member shall execnte <br />and deliver such instruments and papers as may be required and do whatever else is necessary to secure <br />such rights to AvMed. Failure to do so will result in nonpaymcnt of Claims. Requested information <br />should be provided to AvMed within 30 days of request or Member will be responsible for payment of <br />the Claim. Information received after one year from date of service will not be considered. <br /> <br />12.03 The standards governing the coordination of benefits are the following, pursuant to the provisions of <br />Section 627.4235, Florida Statutes: <br /> <br />12.03.01 The benefits of a policy or plan that covers the person as an employee, member, or <br />subscriber, other than as a dependent, are determined before those of the policy or plan <br />which covers the person as a dependent. <br /> <br />12.03.02 Except as stated in Subsection 12.03.03, when two or more policies or plans cover the same <br />child as a dependent of different parents: <br /> <br />a) The benefits of the policy or plan of the parent whose birthday, excluding year of birth, <br />falls earlier in a year are detennined before the benefits of the policy or plan of the <br />parent whose birthday, excluding year of birth, falls later in the year; but <br /> <br />37 <br /> <br />A V-CIIOICE-2009 <br />MP-5320 (10/09) <br />