|
6. 'WORKERS' COMPENSATION AND OTHER LIENS.
<br />Plaintiff and his or her attorney(s) of record herein agree and hold sufficient Settlement
<br />Funds in escrow (without distribution to Plaintiff) until all liens, if any, including but not limited
<br />to Medicare, Social Security, Medicaid, Medi -Cal, medical and/or Workers' Compensation liens
<br />are satisfied, discharged and/or fully and finally resolved. By distributing the Settlement Funds to
<br />Plaintiff, Plaintiff's legal counsel represents and warrants to the other Parties, and by accepting
<br />such Settlement Funds, Plaintiff represents and warrants to Defendants and their Related Persons,
<br />and each of them, that all such liens have been satisfied, discharged and/or fully and finally
<br />resolved.
<br />Plaintiff herein further agrees to fully defend, indemnify and hold harmless Defendants and
<br />their Related Persons and each of them in the event any Claim is ever made against any of them
<br />by alien holder or judgment creditor related to the Action, or the Incident. Specifically, Plaintiff
<br />will defend, indemnify and hold harmless Defendants and their Related Persons and each of them
<br />from any fees, costs, damages, losses or Claims, including, but not limited to, those created by:
<br />(a) Section 708.410, et seq. of the California Code of Civil Procedure (relating to Liens
<br />of Judgment Creditors);
<br />(b) Section 14124.70 of the California Welfare and Institutions Code (relating to Medi -
<br />Cal Liens and Liabilities) and/or any other state or federal statutory lien or liability rights relating
<br />to or arising from Claims against, or benefits advanced to or for the benefit of Plaintiff;
<br />(c) Section 3045.1, et seq. of the California Civil Code (relating to Hospital Liens) and/or
<br />any other state or federal statutory lien or liability, or any contractual or common law lien or
<br />liability, with particular. but not exclusive reference to liens pertaining to or arising from Medicare
<br />or Social Security (including, but not limited to, disability insurance benefits) laws or pertaining
<br />to physicians, hospitals, or healing arts, persons or institutions, relating to, or arising from Claims
<br />against, or benefits provided to or on behalf of Plaintiff,
<br />(d) Any action or claim by Medicare, Medicaid, or other governmental entity under the
<br />MediCare, Medi -Cal, MediCaid and SCHIP Expansion Act (see 42 U.S.C. §1395y(b)(2), 42
<br />C.F.R. §§411.24(e) and 411.26) seeking payment of past, current or future medical expenses of
<br />Plaintiff as well as any and all adverse consequences, penalties or fines under the MMSEA in the
<br />event this Agreement results in the loss of his or her right to Social Security and/or Medicare
<br />benefits, to the extent Plaintiff would have been entitled to those benefits in the absence of this
<br />Agreement; and
<br />(e) Any workers' compensation laws.
<br />7. MEDICAL BILLS AND MEDICARE LIENS.
<br />Plaintiff acknowledges and agrees that he or she will pay or otherwise resolve all of the
<br />current, past due and/or future liens, debts and dues arising out of the Incident and/or Action, if
<br />any, to the extent not covered by insurance, Medicare, Medicaid, Medi -cal, SSRI, Social Security,
<br />or Workers' Compensation.
<br />M
<br />
|