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The eligibility and enrollment rules for the U

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Retiree Health Care SPD Effective January 1, 2012<br />

review process is beginning. <strong>The</strong> notice will also in<strong>for</strong>m you that you have 10 business days<br />

following receipt of <strong>the</strong> notice to provide additional in<strong>for</strong>mation to <strong>the</strong> independent review<br />

organization <strong>for</strong> it to consider. If however, <strong>the</strong> independent review organization determines that<br />

your claim does not involve ei<strong>the</strong>r medical judgment or a rescission, it will notify you that <strong>the</strong><br />

claim is not eligible <strong>for</strong> external review.<br />

If your claim is eligible, <strong>the</strong> independent review organization will not defer to <strong>the</strong> decisions made<br />

during <strong>the</strong> internal review process <strong>and</strong> will look at your claim anew. <strong>The</strong> independent review<br />

organization will consider all <strong>the</strong> in<strong>for</strong>mation <strong>and</strong> documents that it receives in a timely manner<br />

when making its decision.<br />

<strong>The</strong> independent review organization <strong>and</strong>/or your Claims Administrator will provide written<br />

notice of <strong>the</strong> final external review decision within 45 days after it receives <strong>the</strong> request <strong>for</strong><br />

external review.<br />

If <strong>the</strong> independent review organization reverses <strong>the</strong> Claims Administrator’s denial of your claim,<br />

<strong>the</strong> decision will be binding on <strong>the</strong> plan, <strong>and</strong> <strong>the</strong> plan must immediately provide coverage or<br />

payment, regardless of whe<strong>the</strong>r it intends to seek judicial review of <strong>the</strong> external review decision<br />

<strong>and</strong> unless or until <strong>the</strong>re is a judicial decision o<strong>the</strong>rwise.<br />

Expedited External Review Process<br />

In general, <strong>the</strong> same <strong>rules</strong> that apply to st<strong>and</strong>ard external review apply to expedited external<br />

review, except that <strong>the</strong> timeframe <strong>for</strong> decisions <strong>and</strong> notifications is shorter.<br />

Expedited Preliminary Review: Your Claims Administrator will immediately conduct a<br />

preliminary review to determine if your claim is initially eligible <strong>for</strong> external review. After <strong>the</strong><br />

preliminary review is completed your Claims Administrator will immediately notify you of its<br />

determination. If your request was not complete, <strong>the</strong> notice will describe in<strong>for</strong>mation or materials<br />

needed to complete <strong>the</strong> request. You will have until <strong>the</strong> end of <strong>the</strong> four month period you had to<br />

file a request <strong>for</strong> an external review or 48 hours (whichever is later) to complete your request.<br />

Expedited External Review: If your claim is initially eligible <strong>for</strong> expedited external review, your<br />

claim will be assigned to an independent review organization. <strong>The</strong> independent review<br />

organization will provide you its final decision as expeditiously as your medical condition or<br />

circumstances require, but in no event will <strong>the</strong> notification be provided later than 72 hours after<br />

<strong>the</strong> independent review organization receives <strong>the</strong> request <strong>for</strong> expedited external review. If <strong>the</strong><br />

notice of <strong>the</strong> decision is not provided in writing, <strong>the</strong>n <strong>the</strong> independent review organization must<br />

provide you with written confirmation of <strong>the</strong> decision within 48 hours after <strong>the</strong> notice of decision<br />

was first provided to you by o<strong>the</strong>r means.<br />

<strong>The</strong> period during which your external appeal is brought <strong>and</strong> decided will not count against <strong>the</strong><br />

time period permitted <strong>for</strong> you to bring a lawsuit (i.e., any applicable statute of limitations will be<br />

tolled). Submitting your claim to <strong>the</strong> external appeal process is not a prerequisite <strong>and</strong> does not<br />

prevent you from filing a civil action under section 502(a) of ERISA once <strong>the</strong> claim-<strong>and</strong>-review<br />

procedure has been completed.<br />

Failure to Strictly Adhere to Internal Claims <strong>and</strong> Appeals Process<br />

Effective January 1, 2012, (or a later date if <strong>the</strong> compliance deadline is fur<strong>the</strong>r extended), if <strong>the</strong><br />

Claims Administrator fails to strictly adhere to <strong>the</strong> internal ERISA claims procedures described<br />

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