5.__Other sources primary. The association must be payor of last resort of benefits whenever any other benefit or source of 3rd-party payment is available.__The coverage provided by the association must be considered excess coverage, and benefits otherwise payable under association coverage must be reduced by all amounts paid or payable through any other health insurance and by all hospital and medical expense benefits paid or payable under any short-term, accident, dental-only, vision-only, fixed indemnity, limited benefit or credit insurance; coverage issued as a supplement to liability insurance; workers' compensation coverage; automobile medical payment; liability insurance, whether or not provided on the basis of fault; and by any hospital or medical benefits paid or payable by any insurer or insurance arrangement or any hospital or medical benefits paid or payable under or provided pursuant to any state or federal law or program.

6.__Recovery of claims paid.__An amount paid or payable by Medicare or any other governmental program or any other insurance or self-insurance maintained in lieu of otherwise statutorily required insurance may not be made or recognized as a claim under such a policy or be recognized as or towards satisfaction of an applicable deductible or out-of-pocket maximum or be used to reduce the limits of benefits available under the plan.__The association has a cause of action against a covered person for the recovery of the amount of any benefits paid to the covered person that should not have been claimed or recognized as claims because of the provisions of this subsection or because the benefits are otherwise not covered.__Benefits due from the association may be reduced or refused as a setoff against any amount recoverable under this subsection.

§3910.__Eligibility for coverage

1.__Eligibility; application for coverage.__A resident is eligible for coverage under the plan if the resident provides evidence of rejection, a requirement of restrictive riders, a rate increase or a preexisting conditions limitation on a qualified plan, the effect of which is to substantially reduce coverage from that received by a person considered a standard risk by at least one member insurer within 6 months of the date of the certificate, or if the resident meets other eligibility requirements adopted by rule by the superintendent that are not