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PPO/DRP Medical Plan - Advocate Benefits - Advocate Health Care

PPO/DRP Medical Plan - Advocate Benefits - Advocate Health Care

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Upon receipt of a notice that the IRO has<br />

reversed the claim or appeal denial, the <strong>Plan</strong> will<br />

immediately provide coverage or payment for the<br />

denied claim.<br />

Expedited External Review Process<br />

The external review process described above<br />

may be conducted on an expedited basis if:<br />

The claim denial involves a medical condition<br />

for which the timeframe for completing an<br />

urgent care claim internal appeal (provided<br />

the claimant has filed an internal appeal for an<br />

urgent care claim denial) or would seriously<br />

jeopardize the life or health of the participant<br />

or would jeopardize the participant’s ability to<br />

regain maximum function,<br />

The denial of the internal appeal involves a<br />

medical condition for which the timeframe<br />

for completing a standard external appeal<br />

would seriously jeopardize the life or health<br />

of the participant or would jeopardize the<br />

participant’s ability to regain maximum<br />

function, or<br />

The denial of the internal appeal concerned an<br />

admission, availability of care, continued stay<br />

or health care item or service for which the<br />

participant received emergency services but<br />

has not been discharged from a facility.<br />

Under an expedited external review process,<br />

the <strong>PPO</strong>/<strong>DRP</strong> administrator will complete<br />

its preliminary review immediately and will<br />

immediately thereafter send a notice to the<br />

claimant of the request’s eligibility for an<br />

expedited external review. The <strong>PPO</strong>/<strong>DRP</strong><br />

administrator will then assign an IRO to such<br />

request if it is eligible for an expedited external<br />

review and will provide or transmit all necessary<br />

documentation and information considered in<br />

denying the claim or appeal by any available<br />

expeditious method (such as electronically<br />

or by telephone or fax). The IRO will consider<br />

the information or documentation under the<br />

procedures for a standard external review, but<br />

will complete the expedited review and provide<br />

notification to the claimant as expeditiously<br />

as the participant’s medical condition or<br />

circumstances require, but in no event more than<br />

72 hours after the IRO receives the request for an<br />

38<br />

expedited external review. If this notice is not in<br />

writing, the IRO will provide written confirmation<br />

of the decision to the claimant within 48 hours<br />

after providing that notice.<br />

Assistance<br />

If you need assistance with the internal claims<br />

and appeals or the external review processes that<br />

are described in this section, you may contact the<br />

Illinois ombudsman program at 1.877.527.9431,<br />

or call the number on the back of your coverage<br />

ID card for further information. In addition,<br />

for questions about your appeal rights or for<br />

assistance, you can contact the Employee <strong>Benefits</strong><br />

Security Administration at 1.866.444.3272.<br />

Exhaustion<br />

Upon completion of the claims and appeals<br />

and external review process under this section,<br />

the claimant will have exhausted his or her<br />

administrative remedies under this <strong>Plan</strong>. If the<br />

<strong>PPO</strong>/<strong>DRP</strong> administrator fails to complete a<br />

claim determination or an appeal according to<br />

the requirements set forth above(other than a<br />

failure that is de minimis, non-prejudicial, due<br />

to good cause or matters beyond the <strong>PPO</strong>/<strong>DRP</strong><br />

administrator’s control, in the context of an<br />

ongoing, good-faith exchange of information,<br />

and not reflective of a pattern or practice of<br />

non-compliance), the claimant may be treated<br />

as if he or she has exhausted the internal claims<br />

and appeals process and he or she may request<br />

an external review or pursue any available<br />

remedies under applicable law. No action at law<br />

or in equity may be brought with respect to <strong>Plan</strong><br />

benefits until all rights under this <strong>Plan</strong> have been<br />

exhausted and any such action must be brought<br />

no later than two years from the date of the <strong>PPO</strong>/<br />

<strong>DRP</strong> administrator’s final decision upon review<br />

of a second level appeal or the expiration of the<br />

applicable limitations period under applicable law<br />

(whichever is earlier).<br />

In addition, any suit or claim must be filed in the<br />

Circuit Courts for DuPage County, Illinois (unless<br />

federal jurisdiction applies, in which case the<br />

suit or claim should be brought in the Northern<br />

District of Illinois, Eastern Division).

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