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Disclosure form and evidence of coverage - Kaiser Permanente ...

Disclosure form and evidence of coverage - Kaiser Permanente ...

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Member Service Contact Center: toll free 1-800-443-0815 (TTY users call 711) seven days a week 8 a.m.–8 p.m.<br />

incapable <strong>of</strong> contracting, agree to all provisions <strong>of</strong> this<br />

Evidence <strong>of</strong> Coverage.<br />

Amendment <strong>of</strong> Agreement<br />

The University <strong>of</strong> California's Agreement with us will<br />

change periodically. If these changes affect this Evidence<br />

<strong>of</strong> Coverage, the University <strong>of</strong> California is required to<br />

in<strong>form</strong> you in accord with applicable law <strong>and</strong> the<br />

University <strong>of</strong> California's Agreement.<br />

Applications <strong>and</strong> statements<br />

You must complete any applications, <strong>form</strong>s, or<br />

statements that we request in our normal course <strong>of</strong><br />

business or as specified in this Evidence <strong>of</strong> Coverage.<br />

Assignment<br />

You may not assign this Evidence <strong>of</strong> Coverage or any <strong>of</strong><br />

the rights, interests, claims for money due, benefits, or<br />

obligations hereunder without our prior written consent.<br />

Attorney <strong>and</strong> advocate fees <strong>and</strong> expenses<br />

In any dispute between a Member <strong>and</strong> Health Plan, the<br />

Medical Group, or <strong>Kaiser</strong> Foundation Hospitals, each<br />

party will bear its own fees <strong>and</strong> expenses, including<br />

attorneys' fees, advocates' fees, <strong>and</strong> other expenses.<br />

Claims review authority<br />

We are responsible for determining whether you are<br />

entitled to benefits under this Evidence <strong>of</strong> Coverage <strong>and</strong><br />

we have the discretionary authority to review <strong>and</strong><br />

evaluate claims that arise under this Evidence <strong>of</strong><br />

Coverage. We conduct this evaluation independently by<br />

interpreting the provisions <strong>of</strong> this Evidence <strong>of</strong> Coverage.<br />

We may use medical experts to help us review claims.<br />

Governing law<br />

Except as preempted by federal law, this Evidence <strong>of</strong><br />

Coverage will be governed in accord with California law<br />

<strong>and</strong> any provision that is required to be in this Evidence<br />

<strong>of</strong> Coverage by state or federal law shall bind Members<br />

<strong>and</strong> Health Plan whether or not set forth in this Evidence<br />

<strong>of</strong> Coverage.<br />

Group <strong>and</strong> Members not our agents<br />

Neither the University <strong>of</strong> California nor any Member is<br />

the agent or representative <strong>of</strong> Health Plan.<br />

In<strong>form</strong>ation about new technology assessments<br />

Rapidly changing technology affects health care <strong>and</strong><br />

medicine as much as any other industry. To determine<br />

whether a drug or other medical development has longterm<br />

benefits, our plan carefully monitors <strong>and</strong> evaluates<br />

new technologies for inclusion as covered benefits.<br />

These technologies include medical procedures, medical<br />

devices, <strong>and</strong> new medications.<br />

No waiver<br />

Our failure to enforce any provision <strong>of</strong> this Evidence <strong>of</strong><br />

Coverage will not constitute a waiver <strong>of</strong> that or any other<br />

provision, or impair our right thereafter to require your<br />

strict per<strong>form</strong>ance <strong>of</strong> any provision.<br />

Nondiscrimination<br />

We do not discriminate on the basis <strong>of</strong> age, race,<br />

ethnicity, color, national origin, cultural background,<br />

ancestry, language, religion, sex, gender, gender identity,<br />

gender expression, sexual orientation, marital status,<br />

physical or mental disability, health status, claims<br />

experience, medical history, genetic in<strong>form</strong>ation,<br />

<strong>evidence</strong> <strong>of</strong> insurability, or geographic location within<br />

the Service Area.<br />

Notices<br />

Our notices to you will be sent to the most recent address<br />

we have for the Subscriber. The Subscriber is responsible<br />

for notifying us <strong>of</strong> any change in address. Subscribers<br />

who move should call our Member Service Contact<br />

Center <strong>and</strong> Social Security toll free at 1-800-772-1213<br />

(TTY users call 1-800-325-0778) as soon as possible to<br />

give us their new address. If a Member does not reside<br />

with the Subscriber, he or she should contact our<br />

Member Service Contact Center to discuss alternate<br />

delivery options.<br />

Note: When we tell the University <strong>of</strong> California about<br />

changes to this Evidence <strong>of</strong> Coverage or provide your<br />

Group other in<strong>form</strong>ation that affects you, the University<br />

<strong>of</strong> California is required to notify the Subscriber within<br />

30 days after receiving the in<strong>form</strong>ation from us.<br />

Notice about Medicare Secondary Payer<br />

subrogation rights<br />

We have the right <strong>and</strong> responsibility to collect for<br />

covered Medicare services for which Medicare is not the<br />

primary payer. According to CMS regulations at 42 CFR<br />

sections 422.108 <strong>and</strong> 423.462, <strong>Kaiser</strong> <strong>Permanente</strong> Senior<br />

Advantage, as a Medicare Advantage Organization, will<br />

exercise the same rights <strong>of</strong> recovery that the Secretary<br />

exercises under CMS regulations in subparts B through<br />

D <strong>of</strong> part 411 <strong>of</strong> 42 CFR <strong>and</strong> the rules established in this<br />

section supersede any state laws.<br />

Other Evidence <strong>of</strong> Coverage <strong>form</strong>ats<br />

You can request a copy <strong>of</strong> this Evidence <strong>of</strong> Coverage in<br />

an alternate <strong>form</strong>at (Braille, audio, electronic text file, or<br />

large print) by calling our Member Service Contact<br />

Center.<br />

Overpayment recovery<br />

We may recover any overpayment we make for Services<br />

from anyone who receives such an overpayment or from<br />

E<br />

O<br />

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1<br />

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