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CALIFORNIA - Pacificare Health Systems

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PART A<br />

122<br />

Overseeing Your <strong>Health</strong> Care<br />

n<br />

n<br />

30 days for a non-urgent pre-service request<br />

(the denial of an initial request for a service not<br />

yet provided)<br />

60 days for a post-service claim (the denial of a<br />

claim for services already provided but not yet<br />

paid for)<br />

4. The Member agrees that their Provider will be<br />

their “authorized representative” (pursuant to<br />

ERISA) regarding the receipt of approvals of<br />

requests for Covered Services for purposes of<br />

medical management.<br />

5. ERISA provides for a maximum of two (2)<br />

mandatory appeal levels. Members enrolled in<br />

employee welfare benefit plans subject to ERISA<br />

may have the right to bring civil action under<br />

Section 502(a) of ERISA if all required reviews of<br />

their claim have been completed and the claim<br />

has not been approved.<br />

6. A Member’s participation in a voluntary appeal<br />

level does not effect their legal rights provided<br />

under ERISA. Any statute of limitations applicable<br />

to pursing civil action will be tolled during the<br />

period of a voluntary level of appeal.<br />

7. Binding Arbitration of claims, as described in this<br />

section of this Combined Evidence of Coverage<br />

and Disclosure Form, will be limited to claims<br />

that are not subject to ERISA.

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