LIBERTY Dental Plan of Nevada, Inc.
Patriot Plans
Evidence of Coverage
This Evidence of Coverage (EOC) describes the dental care plan
made available to Eligible Employees of the Employer (referred to as
“Group”) and their Eligible Family Members.
LIBERTY Dental Plan of Nevada, Inc. (LIBERTY), and the Group
have agreed to all of the terms of this EOC. It is part of the contract
(Group Enrollment Agreement “GEA”) between LIBERTY and Group.
This plan is guaranteed renewable. This EOC may be terminated by
LIBERTY or the Group upon appropriate written notice in accordance
with the GEA. The Group is responsible for giving Members notice of
termination.
This EOC and your attached Benefit Schedule tell you about your
benefits, rights and duties as a LIBERTY Member. They also tell you
about LIBERTY’s duties to you.
LIBERTY Dental Plan Member Services Department
(888) 401-1128
LIBERTY provides toll-free customer services support Monday
through Friday from 6:00 a.m. through 8:00 p.m. to assist
members.
Members may also log onto our internet site,
www.LIBERTYdentalplan.com, to view plan information, view
claim status, print ID cards, search for Plan Providers, and send
an e-mail notice to our Member Services Department.
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The Department of Business and Industry
State of Nevada
Division of Insurance
Telephone Numbers
for
Consumers of Healthcare
The Division of Insurance (“Division”) has established a telephone
service to receive inquiries and complaints from consumers of
healthcare in Nevada concerning healthcare plans.
The hours of operation of the Division are:
Monday through Friday from 8:00 a.m. until 5:00 p.m., Pacific
Standard Time (PST)
The Division local telephone numbers are:
Carson City (775) 687-4270
Las Vegas (702) 486-4009
The Division also provides a toll-free number for consumers
residing outside of the above areas:
1-(888) 872-3234
All questions about Preexisting Condition Limitation should be
directed to LIBERTY’s Member Services Department:
Address: LIBERTY Dental Plan of Nevada, Inc.
6385 S. Rainbow Blvd., Suite 200
Las Vegas, NV 89118
Phone (Monday Friday from 8:00 a.m. until 5:00 p.m., Pacific
Standard Time):
(888) 401-1128
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Evidence of Coverage
SECTION 1. ELIGIBILITY, ENROLLMENT AND EFFECTIVE DATE
Subscribers and Dependents who meet the following criteria are
eligible for coverage under this EOC.
1.1 WHO IS ELIGIBLE
Subscriber. To be eligible to enroll as a Subscriber, an employee
must:
A. Be a bona fide employee of the Group; and
B. meets the following criteria:
Be employed full-time;
Be actively at work;
Work at least the minimum number of hours per week indicated
by the Group in its Application;
Meet the applicable waiting period indicated by the Group in its
Application;
Enroll during an enrollment period;
Live or work in the service area; and
Work for an employer that meets the Minimum Employer
Contribution Percentage for the applicable coverage.
The actively at work requirement will not apply to Individuals covered
under Group’s prior welfare benefit plan on the date of that plan’s
discontinuance, provided that this EOC is initially effective no more
than sixty (60) days after the prior plan’s discontinuance. All other
requirements will apply to such Individuals.
Dependent. To be eligible to enroll as a Dependent, a person must
be one of the following:
A Subscriber's legal spouse or a legal spouse for whom a court
has ordered coverage.
Subscriber's Domestic Partner meeting all of the criteria for a
Qualified Domestic Partnership set forth in LIBERTY's Affidavit of
Domestic Partnership.
An unmarried child by birth. Adopted child. Stepchild. Minor
child for whom a court has ordered coverage. Child being placed
for Adoption with the Subscriber. A child for whom a court has
appointed the Subscriber or the Subscriber’s spouse the legal
guardian.
The child must be under the limiting age of 19 years, and except
in the case of a child for whom a court has ordered coverage, the
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child must qualify as a Dependent of the Subscriber under the
Internal Revenue Code and Regulations.
Any unmarried child, under the age of 23 (or age 24 if your
employer is considered to be a "small employer", 2-50
employees, as defined by Nevada law), who is a full-time student
in an accredited educational institution which is eligible for
payment of benefits under the Veterans Administration Program,
and who is financially dependent on the Subscriber. Proof of full-
time student status must be given to LIBERTY each semester.
Any unmarried child, under the age of 24, who is on a religious
mission and who is financially dependent on the Subscriber. The
religious organization must give LIBERTY a letter, which states
the Dependent is on a religious mission. Proof of the continuation
of the religious mission status must be given to LIBERTY at least
twice a year.
Any unmarried child who is incapable of self-sustaining
employment due to mental or physical handicap, chiefly
dependent upon the Subscriber for economic support and
maintenance, and who has satisfied all of the requirements of (a)
or (b) below.
(a) The child must be a Dependent enrolled under this EOC
before reaching the limiting age, and proof of incapacity and
dependency must be given to LIBERTY by the Subscriber
within thirty-one (31) days of the child reaching the limiting
age; or
(b) The handicap started before the child reached the limiting
age, but the Group was enrolled with another health
insurance carrier that covered the child as a handicapped
Dependent prior to the Group enrolling with LIBERTY.
LIBERTY may require proof of continuing incapacity and dependency,
but not more often than once a year after the first two (2) years
beyond when the child reaches the limiting age. LIBERTY’s
determination of eligibility is final.
Evidence of any court order needed to prove eligibility must be given
to LIBERTY.
Group’s eligibility rules may supersede the Dependent guidelines
noted above. Please contact the sponsor of this program to
determine eligibility requirements.
1.2 WHO IS NOT ELIGIBLE
Eligible Dependents do not include:
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A foster child.
A child placed in the Subscriber's home other than for the
purpose of adoption.
A grandchild other than a grandchild that has been adopted by
the grandparents and/or has not been place in the home of the
grandparents for the purposes of adoption.
Any other person not defined in Section 1.1.
1.3 CHANGES IN ELIGIBILITY STATUS
It is the Subscriber's responsibility to give LIBERTY written notice
within thirty-one (31) days of changes, which affect his Dependents’
eligibility. Changes include:
Reaching the limiting age.
Death.
Divorce.
Marriage.
Termination of a Domestic Partnership that qualifies for coverage
under LIBERTY's Affidavit of Domestic Partnership.
Or transfer of residence or work outside LIBERTY’s Service Area.
If Subscriber fails to give notice, which would have resulted in
termination of coverage, LIBERTY shall have the right to terminate
coverage retroactively.
1.4 ENROLLMENT
Eligible Employees and Eligible Family Members must enroll during
one of the Enrollment Periods described below or within thirty-one
(31) days of first becoming eligible in order to have coverage under
this Plan.
1. Initial Enrollment Period. An Initial Enrollment Period is the
period of time during which an Eligible Employee may enroll
under this Plan, as shown in the GEA signed by the Group.
2. Group Open Enrollment Period. An Open Enrollment Period of
at least thirty-one (31) days may be held at least once a year
allowing Eligible Employees and Eligible Family Members to
enroll under this Plan without giving evidence of good health.
3. Special Enrollment Period. A Special Enrollment Period allows
a Special Enrollee to enroll for coverage under this Plan upon a
Special Enrollment Event as defined herein during a period of at
least thirty-one (31) days following the Special Enrollment Event.
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4. Right to Deny Application. LIBERTY can deny membership to
any person who:
Violates or has violated any provision of a LIBERTY EOC.
Misrepresents or fails to disclose a material fact which would
affect coverage under this Plan.
Fails to follow LIBERTY rules.
Fails to make a premium payment.
5. Right to Deny Application for Renewal. As a condition of
Group’s renewal under this Plan, LIBERTY may require Group to
exclude a Subscriber or Dependent who committed fraud upon
LIBERTY or misrepresented and/or failed to disclose a material
fact, which affected his coverage under this Plan.
1.5 EFFECTIVE DATE OF COVERAGE
Before coverage can become effective, LIBERTY must receive and
accept premium payments and an Enrollment Form for the person
applying to be a Member.
When a person applies to be a Member on or before the date he is
eligible, coverage starts as shown in the GEA signed by Group.
1. If a person applies to be a Member within thirty-one (31) days of
the date he is first eligible to apply, coverage starts on the first
day of the calendar month following the month when the
Enrollment Form is received by LIBERTY.
2. Subscriber's newborn natural child is covered for the first thirty-
one (31) days from birth. Coverage continues after thirty-one
(31) days only if the Subscriber enrolls the child as a Dependent
the premium is paid within thirty-one (31) days of the date of
birth.
3. An adopted child is covered for the first thirty-one (31) days from
birth only if the adoption has been legally completed before the
child’s birth. A child Placed for Adoption at any other age is
covered for the first thirty-one (31) days after the placement for
adoption.
Coverage continues after thirty-one (31) days only if the
Subscriber enrolls the child as a Dependent and the premium is
paid within thirty-one (31) days following the placement of the
child in the Subscriber’s home. In the event adoption
proceedings are terminated, coverage of a child Placed for
Adoption ends on the date the adoption proceedings are
terminated.
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4. If a court has ordered Subscriber to cover his or her legal spouse
or unmarried minor child, that person will be covered for the first
thirty-one (31) days following the date of the court order.
Coverage continues after thirty-one (31) days if the Subscriber
enrolls the Dependent and the Dependent’s premium is paid. A
copy of the court order must be given to LIBERTY.
5. For a Special Enrollee, the Effective Date of coverage is as
follows:
In the case of marriage, on the first day of the calendar month
after the marriage date; or
In the case of birth, adoption or Placement for Adoption, upon
the Dependent’s date of birth, or upon the Dependent’s date
of adoption or Placement for Adoption; or
In the case of all other Special Enrollment Events, on the first
day of the calendar month after an Enrollment Form is
received, unless otherwise specified in the GEA.
6. When a person applies to be a Member during the Open
Enrollment Period, coverage starts on the first day of the
calendar month following the Open Enrollment Period.
Subscriber must give LIBERTY a copy of the certified birth
certificate, decree of adoption, or certificate of placement for
adoption for coverage to continue after thirty-one (31) days for
newborn and adopted children.
Subscriber must give LIBERTY a copy of the certified marriage
certificate, complete affidavit of domestic partnership (LIBERTY's
form only), proof of student status or any other required
documents before coverage can be effective for other Eligible
Family Members.
SECTION 2. TERMINATION
LIBERTY may terminate coverage under this Plan at the times shown
for any one or more of the following reasons:
2.1 TERMINATION BY LIBERTY
Failure to maintain eligibility requirements as set forth in Section
1.
Payment is due on the day of each month that you are insured by
LIBERTY. There is a 30 day grace period for payment to be
received by LIBERTY. The member will be terminated on the 31
st
day if payment has not been received by LIBERTY.
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On the first day of the month that a contribution was due and not
received by LIBERTY.
With thirty (30) days written notice, if the Member allows his or
any other Member's LIBERTY ID card to be used by any other
person, or uses another person's card. The Member will be liable
to LIBERTY for all costs incurred as a result of the misuse of the
LIBERTY Member card.
If information given to LIBERTY by the Member in his Enrollment
Form is untrue, inaccurate, or incomplete, LIBERTY has the right
to declare the coverage under the Plan null and void as of the
original Effective Date of coverage if the discovery is made within
two years of the document being received by LIBERTY.
When a Subscriber moves his primary residence outside the
Service Area and/or no longer has his place of work within the
Service Area or when a Dependent moves his primary residence
outside LIBERTY's Service Area, Subscriber must notify
LIBERTY within thirty-one (31) days of the change. LIBERTY will
request proof of the change of residence and/or place of work.
On the date the GEA terminates for any reason, including but not
limited to:
1. Nonpayment of premiums.
2. Failure to meet minimum enrollment requirements.
3. LIBERTY amends this EOC and the Group does not accept
the amendment.
2.2 TERMINATION BY THE SUBSCRIBER
Subscriber has the right to terminate his coverage under the Plan.
Termination notice must be reported to LIBERTY by the sponsor of
this program. Such termination is effective on the last day of the
month when the notice is received by LIBERTY, unless stated
otherwise in the GEA.
2.3 REINSTATEMENT
Any coverage which has been terminated in any manner, may be
reinstated by LIBERTY at its sole discretion.
2.4 Retroactive Termination
A request for retroactive termination by Group may be granted as
shown in the GEA.
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2.5 EFFECT OF TERMINATION
No benefits will be paid under this Plan by LIBERTY for services
provided after termination of a Member's coverage under this Plan.
You will be responsible for payment of all services and supplies
incurred after the effective date of the termination of this EOC and/or
the GEA.
SECTION 3. USING THIS PLAN
This Plan offers you a choice of where you receive your dental care.
However, to receive Tier 1 benefits under this plan, you must receive
care from a Plan Provider. When you choose to receive your care
from any dentist that is a Plan Provider, your costs will be limited by
the costs identified in the first column (Member Co-Pay) Schedule of
Benefits. You will also not need to submit any claim forms when you
receive your care from a Plan Provider. To receive benefits for care
provided by a Specialist your Plan Provider must initiate the referral
process with LIBERTY. LIBERTY will then refer you to a Specialist
who is a Plan Specialty Provider for approved Specialty services.
Care by a Specialist that was not approved by LIBERTY following the
Specialty Referral process noted above will not be considered a
covered benefit.
You and your dependents can choose a Plan Provider from a network
of private practice dental offices. A list of Plan Providers is available
through the Plan.
If you wish to receive care from a non-Plan Provider, the 2
nd
column
(Plan Pays) in the Schedule of Benefits identifies the amount the Plan
will pay for services. You will be responsible to pay any amount over
the Plan Payment. There is an annual deductible and an annual
maximum amount payable by the Plan associated with Tier 2
benefits.
SECTION 4. COVERED SERVICES
This section tells you what services are covered under this Plan.
Only services and supplies, which meet LIBERTY’s definition of
Dentally Necessary and are identified as covered benefits on the
Benefits Schedule will be considered to be Covered Services. The
Benefit Schedule shows applicable Copayments and benefit
limitations for Covered Services.
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4.1 BENEFITS AVAILABLE
Subject to the Exclusions listed herein, dental services related to a
Member's dental health as identified in the Benefits Schedule and that
are dentally necessary are available to Members.
Tier 1 Benefits must be obtained from Plan Providers. The Benefit
Schedule identifies the member copayments that are to be paid to
Plan Providers at the time of service. Tier 2 Benefits may be obtained
from any licensed dentist. The Benefit Schedule identifies the Plan
Pays amount and you will be responsible to pay the non-Plan
Provider any amount charged over the Play Pays amount.
4.2 CLAIM PAYMENTS
Plan Providers are paid an amount agreed upon between the Plan
and the Plan Provider plus any copayment from the Member required
by the Benefit Schedule.
All claims shall be approved or denied within thirty (30) days after
receipt by the Plan, unless additional information is requested. If the
claim is approved, the claim will be paid within thirty (30) days after it
is approved. If the Plan requires additional information, the Member
shall be notified within twenty (20) days after the Plan actually
receives the claim. The claim will be paid or denied within thirty (30)
days of the Plan's receipt of all of the additional information it
requested.
All claims must be submitted to LIBERTY within sixty (60) days from
the date expenses were incurred, unless it shall be shown not to have
been reasonably possible to give notice within the time limit, and that
notice was furnished as soon as was reasonably possible.
No payments shall be made under this EOC with respect to any
claim, including additions or corrections to a claim which has already
been submitted, that is not received by LIBERTY within twelve (12)
months after the date Covered Services were provided.
Denials of claims can be submitted to the Plan's Grievance
procedures described in this EOC.
4.3 EMERGENCY SERVICES
In the event of an emergency outside the service area of the Plan, the
Member should contact LIBERTY at (888) 401-1128 The Plan will
direct you to an available Plan Provider if possible. Should no Plan
Provider be available in a fifty (50) mile radius you can seek treatment
NV_Patriot_01/10 - 11 -
from any licensed dentist. In such an event, the Plan will reimburse
you for the cost of qualified emergency services received from an out-
of-network provider up to a maximum of seventy-five dollars ($75),
less any applicable member co-payments based on the Plan Benefits.
Any non-qualified emergency services will not be considered as
reimbursable emergency services.
The Plan provides coverage for emergency dental services only if the
services are required to alleviate severe pain or bleeding or if an
enrollee reasonably believes that the condition, if not diagnosed or
treated, may lead to disability, dysfunction or death.
Qualified emergency dental service and care include a dental
screening, examination, evaluation by a dentist or dental specialist to
determine if an emergency dental condition exists, and to provide
care that would be acknowledged as within professionally recognized
standards of care an in order to alleviate any emergency symptoms in
a dental office.
SECTION 5. EXCLUSIONS AND LIMITATIONS
5.1 EXCLUSIONS
In addition to items identified as NOT COVERED in the Benefits
Schedule, this section tells you what services or supplies are
excluded from coverage under this Plan.
Dental services for aesthetics only and/or cosmetic dental
care unless otherwise listed as a covered benefit.
General anesthesia, intravenous and inhalation sedation,
prescription drugs for anesthesia, and the services of a
special anesthesiologist unless otherwise listed as a covered
benefit.
Dental conditions arising out of and due to a Member's
employment or for which the Member is entitled to Workers'
Compensation benefits.
Hospital and medical facility charges of any kind.
Services of any kind provided in the home.
Ambulance services.
Durable Medical Equipment.
Mental Health services.
Chemical Dependency services
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General anesthesia, analgesia, intravenous/intramuscular
sedation or the services of an anesthesiologist unless
otherwise listed as a Covered Benefit.
Treatment started before the member was eligible, or after
the member was no longer eligible.
Charges from a medical doctor, doctor of osteopathic
medicine and/or other medical professional except for dental
services otherwise covered herein.
Treatment of fractures or dislocations.
Replacement of lost or stolen dentures, partials or other
appliances (e.g. crowns, bridges, full or partial dentures).
Services which are normally reimbursed by a third party or
liability insurance and/or under the medical portion of a group
health plan.
Dental procedures for which treatment was started prior to
the time Member became eligible for benefits.
Procedures, appliances, restorations or other treatment to
correct congenital or developmental malformations.
Treatment and/or removal of: (a) malignancies; (b) cysts or
benign tumors not within the scope of usual dental care; (c)
odontongenic cysts exceeding 1.25 cm in diameter.
Drugs/ medications not normally supplied or prescribed by a
dental office.
Any treatment which, on the opinion of LIBERTY's Dental
Director, is not necessary for the Member's dental health.
Replacement of an existing bridge, partial or denture which,
in the opinion of LIBERTY's Dental Director, is satisfactory or
that can be made satisfactory.
Orthognathic surgery.
Implants or any prosthesis attached to or dependent upon an
implant unless otherwise listed as a covered benefit on the
Benefits Schedule.
Any experimental, investigational or exotic procedure not
approved by the ADA Council on Dental Therapeutics.
Treatment to alter vertical dimension or to restore occlusion,
unless dentures are involved.
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Treatment or therapy for Temporo Mandibular Joint (TMJ)
problems including, but not limited to, assessment beyond
that customarily provided in a general dental practice.
Procedures, appliances, or restorations to correct congenital,
developmental or medically induced dental disorder, including
but not limited to: myofunctional (e.g. speech therapy),
myoskeletal, or temporomandibular joint dysfunctions (e.g.
adjustments/corrections to the facial bones) unless otherwise
covered as an orthodontic benefit.
Appliances needed to increase vertical dimension or restore
occlusion.
Crowns for the primary purpose of splinting, altering, or
maintaining vertical dimension or restoring occlusion.
Treatment or service which may not reasonably be expected
to successfully correct the patient’s dental condition for a
period of at least three years.
Treatment or service replacing tooth structure lost from
abrasion, attrition, erosion, or abfraction.
Expense or charge incurred by a Member confined to an
institution of any kind.
Cases in which, in the reasonable professional judgment
LIBERTY's Dental Director, a satisfactory result cannot be
obtained.
Replacement of long-standing missing tooth/teeth in an
otherwise stable dentition.
Orthodontic services unless otherwise listed as a covered
benefit.
Care related to the bite, alignment of teeth, or bite correction.
Charges for specialized techniques involving precision
attachments, personalization or characterization of a
temporary or permanent prosthesis.
Any service not specifically listed as a Covered Benefit on the
Benefits Schedule.
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5.2 LIMITATIONS
In addition to the limitations of coverage identified in the Benefits
Schedule, this section tells you when LIBERTY's duty to provide or
arrange for services is limited.
LIBERTY will not be liable for any delay or failure to provide
or arrange for Covered Services if the delay or failure is
caused by the following:
- Natural disaster.
- War.
- Riot.
- Civil insurrection.
- Epidemic.
- Or any other emergency beyond LIBERTY’s
control.
Prophylaxis is limited to one treatment each (6) month period
(includes periodontal maintenance following active therapy).
Oral evaluation is limited to two in each (12) month period.
Oral hygiene instruction is limited to one per twenty-four (24)
month period.
Fluoride treatment is limited to one treatment every six (6)
month period.
Crowns, bridges and dentures may not be replaced within five
(5) years from the initial placement.
Partial dentures are not to be replaced within five (5) years of
the initial placement, unless necessary due to natural tooth
loss where the addition or replacement of teeth to the existing
partial is not feasible.
Denture relines are limited to one per denture during any
twelve (12) consecutive months.
Covered charge for both a temporary and a permanent
prosthesis will be limited to the charge for a permanent
prosthesis only.
Charges for adjustment of a prosthesis will be limited to one
in a six (6) month period.
Periodontal treatments are limited to one time per quadrant
during any twenty-four (24) consecutive months.
NV_Patriot_01/10 - 15 -
Fill mouth debridement (gross scale) is limited to one
treatment in any thirty-six (36) consecutive month period.
Osseous surgery is limited to one treatment in any five (5)
year period.
Crowns will be covered only if, in the opinion of LIBERTY's
Dental Director, there is not enough retentive quality left in
the tooth to hold a filing.
Bitewing x-rays are limited to not more than one series of four
films in any six (6) month period.
Full mouth x-rays and/or panographic-type films are limited to
one set every thirty-six (36) consecutive months.
Sealant benefits include the application of sealants only to
permanent first and second molars with no decay for
dependent children only up to the age of 14. Sealant benefits
limited to once per tooth in any 36 consecutive month period.
Periodontal scaling and root planning limited to once each
quadrant in any 24 consecutive month period.
Periodontal surgical procedures are limited to once per
quadrant in any 36 consecutive month period.
Crowns are covered only if the tooth cannot be restored by a
filling.
If LIBERTY determines that more than one procedure could
be performed to correct a dental condition, the covered
benefit will be the least expensive of the procedures that
would provide professionally acceptable results.
SECTION 6. GENERAL PROVISIONS
6.1 RELATIONSHIP OF PARTIES
The relationship between LIBERTY and Plan Providers is an
independent contractor relationship. Plan Providers are not agents or
employees of LIBERTY; nor is LIBERTY or any employee of
LIBERTY an employee or agent of a Plan Provider. LIBERTY is not
liable for any claim or demand on account of damages as a result of,
or in any manner connected with, any Injury suffered by a Member
while receiving care from any Plan Provider or in any Plan Provider's
facility. LIBERTY is not bound by statements or promises made by its
Plan Providers.
NV_Patriot_01/10 - 16 -
6.2 ENTIRE AGREEMENT
This EOC along with the Group Enrollment Agreement, Enrollment
Forms/Application constitute the entire agreement between the
Member and LIBERTY and as of its Effective Date, replaces all other
agreements between the parties.
6.3 CONTESTABILITY
Any and all statements made to LIBERTY by Group and any
Subscriber or Dependent, will, in the absence of fraud, be considered
representations and not warranties. Also, no statement, unless it is
contained in a written application for coverage, shall be used in
defense to a claim under this agreement.
6.4 AUTHORITY TO CHANGE THE FORM OR
CONTENT OF EOC
No agent or employee of LIBERTY is authorized to change the
agreement or waive any of its provisions. Such changes can be
made only through an amendment authorized and signed by an
officer of LIBERTY.
6.5 IDENTIFICATION CARD
Cards issued by LIBERTY to Members are for identification only.
Possession of the LIBERTY identification card does not give right to
services or other benefits under this Plan.
To be entitled to such services or benefits, the holder of the card must
in fact be a Member and all applicable premiums actually have been
paid. Any person not entitled to receive services or other benefits will
be liable for the actual cost of such services or benefits.
6.6 NOTICE
Any notice under this Plan may be given by United States mail, first
class, postage paid, addressed as follows:
LIBERTY Dental Plan of Nevada, Inc.
6385 S. Rainbow Blvd., Suite 200
Las Vegas, NV 89118
Notice to a Member will be sent to the Member's last known address.
6.7 ASSIGNMENT
This EOC is not assignable by Group without the written consent of
LIBERTY. The coverage and any benefits under this Plan are not
assignable by any Member without the written consent of LIBERTY.
NV_Patriot_01/10 - 17 -
6.8 MODIFICATIONS
The Group makes LIBERTY coverage available to individuals who
are eligible under Section 1. However, this EOC is subject to
amendment, modification and termination with sixty (60) days written
notice to the Group without the consent of Members.
By electing dental coverage with LIBERTY or accepting benefits
under this Plan, all Members legally capable of contracting, and the
legal representatives of all Members incapable of contracting, agree
to all terms and provisions.
6.9 CLERICAL ERROR
Clerical error in keeping any record pertaining to the coverage will not
invalidate coverage in force or continue coverage terminated.
6.10 POLICIES AND PROCEDURES
LIBERTY may adopt reasonable policies, procedures, rules and
interpretations to promote the orderly and efficient administration of
this EOC with which Members shall comply. These policies and
procedures are maintained by LIBERTY at its offices. Such policies
and procedures may have bearing on whether dental service and/or
supply are covered.
6.11 OVERPAYMENTS
LIBERTY has the right to collect payments for healthcare services
made in error. Dentists, Specialists and other providers have the
responsibility to return any overpayments or incorrect payments to
LIBERTY. LIBERTY has the right to offset any overpayment against
any future payments.
6.12 RELEASE OF RECORDS
Each Member authorizes their providers to permit the examination
and copying of the Member's medical records, as requested by
LIBERTY.
6.13 GENDER REFERENCES
Whenever a masculine pronoun is used in this EOC, it also includes
the feminine pronoun.
6.14 AVAILABILITY OF PROVIDERS
LIBERTY does not guarantee the continued availability of any Plan
Provider.
SECTION 7. APPEALS AND GRIEVANCES
The LIBERTY Appeals Procedures are available to you in the event
you are dissatisfied with some aspect of the Plan administration, you
NV_Patriot_01/10 - 18 -
wish to appeal an Adverse Benefit Determination or there is another
concern you wish to bring to LIBERTY's attention. This procedure
does not apply to any problem of misunderstanding or misinformation
that can be promptly resolved by the Plan supplying the Member with
the appropriate information.
If a Member’s Plan is governed by ERISA, a Member must exhaust all
mandatory levels of appeal before bringing a claim in court for a
Claim of Benefits.
Concerns about dental services are best handled at the service site
level before being brought to LIBERTY. If a Member contacts
LIBERTY regarding an issue related to the dental service site and has
not attempted to work with the site staff, the Member may be directed
to that site to try to solve the problem there, if the issue is not a Claim
for Benefits.
Please see the Glossary terms for a description of the terms used in
this section.
The following Appeals Procedures will be followed if the dental
service site matter cannot be resolved at the site or if the concern
involves the Adverse Benefit Determination of a Claim for Benefits.
Informal Review: An Adverse Benefit Determination or other
complaint/concern which is directed to the LIBERTY Member
Services Department via phone or in person. If an Informal
Review is resolved to the satisfaction of the Member, the matter
ends. The Informal Review is voluntary.
1
st
Level Formal Appeal: An appeal of an Adverse Benefit
Determination filed either orally or in writing which LIBERTY’s
Customer Response and Resolution Department investigates. If
a 1
st
Level Formal Appeal is resolved to the satisfaction of the
Member, the appeal is closed. The 1
st
Level Formal Appeal is
mandatory if the Member is not satisfied with the initial
determination and the Member wishes to appeal such
determination.
2
nd
Level Formal Appeal: If a 1
st
Level Formal Appeal is not
resolved to the Member’s satisfaction, a Member may then file a
2
nd
Level Formal Appeal. A 2
nd
Level Formal Appeal is submitted
in writing and reviewed by the Grievance Review Committee.
The 2
nd
Level Formal Appeal is voluntary for all Adverse Benefit
Determinations.
NV_Patriot_01/10 - 19 -
Grievance Review Committee: A committee of three (3) or
more individuals, the majority of which must be Members of
LIBERTY.
Member Services Representative: An employee of LIBERTY
that is assigned to assist the Member or the Member's authorized
representative in filing a grievance with LIBERTY or appealing an
Adverse Benefit Determination.
7.1 INFORMAL REVIEW
A Member who has received an Adverse Benefit Determination of a
Claim for Benefits may request an Informal Review. All Informal
Reviews must be made to LIBERTY’s Member Services Department
within sixty (60) days of the Adverse Benefit Determination. Informal
Reviews not filed in a timely manner will be deemed waived. The
Informal Review is a voluntary level of appeal.
Upon the initiation of an Informal Review, a Member must provide
Member Services with at least the following information:
The Member’s name (or name of Member and Member’s
Authorized Representative), address, and telephone number;
The Member’s LIBERTY membership number and Group name;
and
A brief statement of the nature of the matter, the reason(s) for the
appeal, and why the Member feels that the Adverse Benefit
Determination was wrong.
The Member Services Representative will inform the Member that
upon review and investigation of the relevant information, LIBERTY
will make a determination of the Informal Review. The determination
will be made as soon as reasonably possible but will not exceed thirty
(30) days unless more time is required for fact-finding. If the
determination of the Informal Review is not acceptable to the Member
and the Member wishes to pursue the matter further, the Member
may file a 1
st
Level Formal Appeal.
7.2 FIRST LEVEL FORMAL APPEAL
When an Informal Review is not resolved in a manner that is
satisfactory to the Member or when the Member chooses not to file an
Informal Review and the Member wishes to pursue the matter further,
the Member must file a 1
st
Level Formal Appeal. The 1
st
Level Formal
Appeal must be submitted in writing to LIBERTY’s Customer
Response and Resolution Department within 180 days of an Adverse
NV_Patriot_01/10 - 20 -
Benefit Determination. 1
st
Level Formal Appeals not filed in a timely
manner will be deemed waived with respect to the Adverse Benefit
Determination to which they relate.
The 1
st
Level Formal Appeal shall contain at least the following
information:
The Member’s name (or name of Member and Member’s
Authorized Representative), address, and telephone number;
The Member’s LIBERTY membership number and Group name;
and
A brief statement of the nature of the matter, the reason(s) for
the appeal, and why the Member feels that the Adverse Benefit
Determination was wrong.
Additionally, the Member may submit any supporting medical/dental
records, Dentist’s letters, or other information that explains why
LIBERTY should approve the Claim for Benefits. The Member can
request the assistance of a Member Services Representative at any
time during this process.
The 1
st
Level Formal Appeals should be sent or faxed to the following:
Address: LIBERTY Dental Plan of Nevada, Inc.
Attn: Customer Response and Resolution Dept.
6385 S. Rainbow Blvd., Suite 200
Las Vegas, NV 89118
Fax: (888) 401-1129
LIBERTY will investigate the appeal. When the investigation is
complete, the Member will be informed in writing of the resolution
within thirty (30) days of receipt of the request for the 1
st
Level Formal
Appeal. This period may be extended one (1) time by LIBERTY for up
to fifteen (15) days, provided that the extension is necessary due to
matters beyond the control of LIBERTY and LIBERTY notifies the
Member prior to the expiration of the initial thirty (30) day period of the
circumstances requiring the extension and the date by which
LIBERTY expects to render a decision. If the extension is necessary
due to a failure of the Member to submit the information necessary to
decide the claim, the notice of extension shall specifically describe
the required information and the Member shall be afforded at least
forty-five (45) days from receipt of the notice to provide the
information.
1
st
Level Formal Appeals will be decided by a Grievance Review
Committee.
NV_Patriot_01/10 - 21 -
If the 1
st
Level Formal Appeal results in an Adverse Benefit
Determination, the Member will be informed in writing of the following:
The specific reason or reasons for upholding the Adverse Benefit
Determination;
Reference to the specific Plan provisions on which the
determination is based;
A statement that the Member is entitled to receive, upon request
and free of charge, reasonable access to, and copies of, all
documents, records, and other information relevant to the
Member’s Claim for Benefits;
A statement describing any voluntary appeal procedures offered
by LIBERTY and the Member’s right to receive additional
information describing such procedures;
For Member’s whose coverage is subject to ERISA, a statement
of the Member’s right to bring a civil action under ERISA Section
502(a) following an Adverse Benefit Determination, if applicable;
A statement that any internal rule, guideline, protocol or other
similar criteria that was relied on in making the determination is
available free of charge upon the Member’s request; and
If the Adverse Benefit Determination is based on Medical
Necessity or experimental treatment or similar exclusion or limit,
either an explanation of the scientific or clinical judgment or a
statement that such explanation will be provided free of charge.
Limited extensions may be required if additional information is
required in order for LIBERTY to reach a resolution.
If the resolution to the 1
st
Level Formal Appeal is not acceptable to
the Member and the Member wishes to pursue the matter further, the
Member is entitled to file a 2
nd
Level Formal Appeal. The Member will
be informed of this right at the time the Member is informed of the
resolution of his 1
st
Level Formal Appeal.
7.3 EXPEDITED APPEAL
The Member can ask (either orally or in writing) for an Expedited
Appeal of an Adverse Benefit Determination for a Pre-Service Claim
that the Member or his Dentist believe that the health of the Member
could be seriously harmed by waiting for a routine appeal decision.
Expedited Appeals are not available for appeals regarding denied
claims for benefit payment (Post-Service Claim). Expedited Appeals
must be decided no later than seventy-two (72) hours after receipt of
the appeal, provided all necessary information has been submitted to
LIBERTY. If the initial notification was oral, LIBERTY shall provide a
NV_Patriot_01/10 - 22 -
written or electronic explanation to the Member within three (3) days
of the oral notification.
If insufficient information is received, LIBERTY shall notify the
Member as soon as possible, but no later than twenty-four (24) hours
after receipt of the claim of the specific information necessary to
complete the claim. The Member will be afforded a reasonable
amount of time, taking into account the circumstances, but not less
than forty-eight (48) hours, to provide the specified information.
LIBERTY shall notify the Member of the benefit determination as
soon as possible, but in no case later than forty-eight (48) hours after
the earlier of:
LIBERTY’s receipt of the specified information, or
The end of the period afforded the Member to provide the
specified information.
If the Member’s Dentist requests an Expedited Appeal, or supports a
Member’s request for an Expedited Appeal, and indicates that waiting
for a routine appeal could seriously harm the health of the Member or
subject the Member to unmanageable severe pain that cannot be
adequately managed without care or treatment that is the subject of
the Claim for Benefits, LIBERTY will automatically grant an Expedited
Appeal.
If a request for an Expedited Appeal is submitted without support of
the Member’s Dentist, LIBERTY shall decide whether the Member’s
health requires an Expedited Appeal. If an Expedited Appeal is not
granted, LIBERTY will provide a decision within thirty (30) days,
subject to the routine appeals process for Pre-Service Claims.
7.4 SECOND LEVEL FORMAL APPEAL
When a 1
st
Level Formal Appeal is not resolved in a manner that is
satisfactory to the Member, the Member may initiate a 2
nd
Level
Formal Appeal. This appeal must be submitted in writing within thirty
(30) days after the Member has been informed of the resolution of the
1
st
Level Formal Appeal.
Exhaustion of the 1
st
Level Formal Appeal procedure is a precondition
to filling a 2
nd
Level Formal Appeal. A 2
nd
Level Formal Appeal not
filed in a timely manner will be deemed waived with respect to the
Adverse Benefit Determination to which it relates. The 2
nd
Level
Formal Appeal is voluntary for all Pre-Service and Post-Service
Claims for Benefits.
NV_Patriot_01/10 - 23 -
The Member shall be entitled to the same reasonable access to
copies of documents referenced above under the 1
st
Level Formal
Appeal.
The Member can request the assistance of a Member Services
Representative at any time during this process.
Upon request a Member is entitled to attend and provide a formal
presentation on a 2
nd
Level Formal Appeal. If such a hearing is
requested LIBERTY shall make every reasonable effort to schedule
one at a time mutually convenient to the parties involved. Repeated
refusal on the part of the Member to cooperate in the scheduling of
the formal presentation shall relieve the Grievance Review Committee
of the responsibility of hearing a formal presentation, but not of
reviewing the 2
nd
Level Formal Appeal. If a formal presentation is
held, the Member will be permitted to provide documents to the
Grievance Review Committee and to have assistance in presenting
the matter to the Grievance Review Committee, including
representation by counsel. However, LIBERTY must be notified at
least five (5) business days before the date of the scheduled formal
presentation of the Member’s intent to be represented by counsel
and/or to have others present during the formal presentation.
Additionally, the Member must provide LIBERTY with copies of all
documents the Member may use at the formal presentation (5)
business days before the date of the scheduled formal presentation.
Upon LIBERTY’s receipt of the written request, the request will be
forwarded to the Grievance Review Committee along with all
available documentation relating to the appeal.
The Grievance Review Committee shall:
consider the 2
nd
Level of Appeal;
schedule and conduct a formal presentation if applicable;
obtain additional information from the Member and/or staff as it
deems appropriate; and
make a decision and communicate its decision to the Member
within thirty (30) days following LIBERTYs receipt of the request
for a 2
nd
Level Formal Appeal.
If the resolution of the 2
nd
Level Formal Appeal results in an Adverse
Benefit Determination, the Member will be informed in writing of the
following:
NV_Patriot_01/10 - 24 -
The specific reason or reasons for upholding the Adverse Benefit
Determination;
Reference to the specific Plan provisions on which the benefit
determination is based;
A statement describing any additional voluntary levels of appeal;
and
For Member’s whose coverage is subject to ERISA, a statement
of the Member’s right to bring a civil action under ERISA Section
502(a) following an Adverse Benefit Determination, if applicable;
Limited extensions may be required if additional information is
required or a formal presentation is requested and the Member
agrees to the extension of time.
7.5 EXTERNAL REVIEW
LIBERTY offers Members the right to an External Review of a final
Adverse Benefit Determination when a Member or the Member’s
Dentist receives notice of a final Adverse Benefit Determination from
LIBERTY, and when the Member is required to pay $500 or more for
healthcare services that are the subject of the final Adverse Benefit
Determination. A Member is entitled to an External Review only after
the Member has exhausted all procedures provided in this plan for
reviewing the Adverse Benefit Determination or if LIBERTY agrees in
writing to submit the matter to External Review before the Member has
exhausted all procedures provided in this plan for reviewing the
Adverse Benefit Determination. The Member, Member’s Dentist, or an
Authorized Representative may within sixty (60) days after receiving
notice of such final Adverse Benefit Determination, submit a request to
LIBERTY’s Managed Care Program for an External Review.
Within five (5) days after LIBERTY receives such a request, LIBERTY
shall notify the Member, his Authorized Representative or Dentist, and
the Nevada Office for Consumer Health Assistance that the request
has been received and filed.
The Nevada Office for Consumer Health Assistance shall assign an
External Review Organization to review the case.
Within five (5) days after receiving notification specifying the assigned
External Review Organization from the Nevada Office for Consumer
Health, LIBERTY shall provide to the selected External Review
Organization all documents and materials relating to the final Adverse
Benefit Determination, including, without limitation:
NV_Patriot_01/10 - 25 -
Any medical records of the Member relating to the final Adverse
Benefit Determination;
A copy of the provisions of the Plan upon which the final Adverse
Benefit Determination was based;
Any documents used and the reason(s) given by LIBERTY for the
final Adverse Benefit Determination; and
If applicable, a list that specifies each Provider who provided
healthcare to the Member and the corresponding medical records
from the Provider relating to the final Adverse Benefit
Determination.
Within five (5) days after the External Review Organization receives the
required documentation from LIBERTY, they shall notify the Member,
his Dentist, and LIBERTY if any additional information is required to
conduct the review.
The External Review Organization shall approve, modify, or reverse the
final Adverse Benefit Determination within fifteen (15) days after it
receives the information required to make such a determination.
The External Review Organization shall submit a copy of its
determination, including the basis thereof, to the:
Member;
Member’s Dentist;
Authorized Representative of the Member, if any; and
LIBERTY.
If the determination of an External Review Organization concerning an
External Review of a final Adverse Benefit Determination is in favor of
the Member, the determination is final, conclusive and binding.
The cost of conducting an External Review of a final Adverse Benefit
Determination will be paid by LIBERTY.
7.6 EXPEDITED EXTERNAL REVIEW
If the Member’s healthcare Provider submits proof to LIBERTY that
failure to proceed in an expedited manner may jeopardize the life or
health of the Member, then LIBERTY shall approve or deny a request
for an expedited External Review of an Adverse Benefit Determination
no later than seventy-two (72) hours after the request for an expedited
External Review is received.
NV_Patriot_01/10 - 26 -
If LIBERTY approves the expedited External Review, LIBERTY shall
assign the request to an External Review Organization no later than
one (1) business day after approving the request. All relevant medical
documents previously listed herein that were used to establish the final
Adverse Benefit Determination will be forwarded to the External Review
Organization concurrently.
The External Review Organization shall complete its External Review
no later than two (2) business days after initially being assigned the
case unless the Member and LIBERTY agree to a longer time period.
The External Review Organization shall notify the following parties by
telephone no later than one (1) business day after completing its
External Review:
Member;
Member’s Dentist;
Authorized Representative of the Member, if any; and
LIBERTY.
The External Review Organization shall then submit a written copy of
its determination no later than five (5) business days to the applicable
parties listed above.
If the determination of an External Review Organization concerning an
External Review of a final Adverse Benefit Determination is in favor of
the Member, the determination is final, conclusive and binding.
The cost of conducting an External Review of a final Adverse Benefit
Determination will be paid by LIBERTY.
SECTION 8. GLOSSARY
“Adverse Benefit Determination” means a decision by the Plan to
deny, in whole or in part, a Member’s Claim for Benefits. Receipt of
an Adverse Benefit Determination entitles the Member or his
Authorized Representative to appeal the decision, utilizing LIBERTY’s
Appeals Procedures.
The External Review provision in this EOC only applies if the Adverse
Benefit Determination was made based on the Plan’s determination
that the denied service or supply was not necessary or that the
denied service or supply was determined to be experimental or
investigational.
NV_Patriot_01/10 - 27 -
An Adverse Benefit Determination is final if the Member has
exhausted all complaint and Appeal Procedures set forth herein for
the review of such Adverse Benefit Determination.
"Aesthetic Dentistry" means any dental procedure performed for
cosmetic purposes and where there is not restorative value.
“Authorized Representative” means a person designated by the
Member to act on his behalf in pursuing a Claim for Benefits, to file an
appeal of an Adverse Benefit Determination, or in obtaining an
External Review of a final Adverse Benefit Determination.
“Benefit Schedule” means the brief summary of benefits, limitations
and Copayments given to the Subscriber by LIBERTY. It is
Attachment A to this EOC.
“Calendar Year” means January 1 through December 31 of the
same year.
“Claim for Benefits” means a request for a Plan benefit or benefits
made by a Member in accordance with the Plan’s Appeals
Procedures, including any Pre-Service Claims (requests for Prior
Authorization) and Post-Service Claims (requests for benefit
payment).
“Contract Year” means the twelve (12) months beginning with and
following the Effective Date of the Group Enrollment Agreement
(GEA).
“Copayment” means the amount the Member pays directly to a Plan
Provider when a Covered Service is received.
“Covered Services means the dental services, supplies and
accommodations for which the plan pays benefits under this Plan.
“Dental Director" means a Nevada licensed dentist who is
contracted with or employed by LIBERTY to provide professional
advice concerning dental care to Members under the applicable EOC.
"Dentist" means an individual who is licensed as a Doctor of Dental
Surgery (D.D.S.) or a Doctor of Dental Medicine (D.M.D.) in
accordance with applicable state laws and regulations and who is
practicing within the scope of such license.
NV_Patriot_01/10 - 28 -
“Dependent” means an Eligible Family Member or Qualified
Domestic Partner of the Subscriber's family who:
meets the eligibility requirements of the Plan as set forth
in Section 1 of this EOC;
is enrolled under this Plan; and
for whom premiums have been received and accepted by
LIBERTY.
"Domestic Partner" means a person of at least 18 years of age has
registered for a domestic partnership with Subscriber under the laws
of the State of Nevada with the Nevada Secretary of State.
“Effective Date” means the initial date on which Members are
covered for services under the LIBERTY Plan provided any
applicable premiums have been received and accepted by LIBERTY.
"Elective Dentistry" means any dental procedure that is
unnecessary to the dental health of the patient as determined by
LIBERTY's Dental Director.
“Eligible Employee means a natural person that:
A. Is a bona fide employee of the Group; and
B. Meets the criteria in Section 1.1
“Eligible Family Member” means a member of a Subscriber’s family
that is or becomes eligible to enroll for coverage under this Plan.
“Emergency Services” means Covered Services provided after the
sudden onset of a dental condition with symptoms severe enough to
cause a prudent person to believe that lack of immediate medical
attention could result in serious:
jeopardy to his health;
jeopardy to the health of an unborn child;
impairment of a bodily function; or
dysfunction of any bodily organ or part.
“Enrollment Date” means the first day of coverage under this Plan
or, if there is a Waiting Period, the first day of the Waiting Period.
“ERISAmeans Employee Retirement Income Security Act of 1974,
as amended, including regulations implementing the Act.
NV_Patriot_01/10 - 29 -
“Evidence of Coverage” or “EOC” means this document, including
any attachments or endorsements, the Member identification card,
health statements and all applications received by LIBERTY.
“Group” means an employer or legal entity that has completed a
Group Application and signed a Group Enrollment Agreement with
LIBERTY for LIBERTY to provide Covered Services.
“Group Enrollment Agreement” or “GEA means the agreement
signed by LIBERTY and Group that states the conditions for
coverage, eligibility and enrollment requirements and premiums.
“Initial Enrollment Period” means the period of time during which
an eligible person may enroll under this Plan, as shown in the GEA
signed by the Group.
“Dentally Necessary” or "Necessary" means a service or supply
needed to improve a specific condition or to preserve the Member’s
dental health and which, as determined by LIBERTY is:
consistent with the diagnosis and treatment of the
Member
the most appropriate level of service which can be safely
provided to the Member; and
not solely for the convenience of the Member or the
Provider(s).
In determining whether a service or supply is Necessary,
LIBERTY may give consideration to any or all of the following:
the likelihood of a certain service or supply producing a
significant positive outcome;
reports in peer-review literature;
evidence based reports and guidelines published by
nationally recognized professional organizations that
include supporting scientific data;
professional standards of safety and effectiveness that
are generally recognized in the United States for
diagnosis, care or treatment;
the opinions of independent expert Dentists in the health
specialty involved when such opinions are based on
broad professional consensus; or
other relevant information obtained by LIBERTY.
NV_Patriot_01/10 - 30 -
Services will not automatically be considered Dentally
Necessary simply because they were prescribed by a
Dentist.
“Member” means a person who meets the eligibility requirements of
Section 1, who has enrolled under this Plan and for whom premiums
have been received by LIBERTY.
“Non-Plan Provider” or "Out-of-network Provider" means a
Provider who does not have an independent contractor agreement
with LIBERTY.
“Open Enrollment Period” means an annual thirty-one (31) day
period of time during which Eligible Employees and their Eligible
Family Members may enroll under this Plan.
"Plan” means LIBERTY Dental Plan of Nevada, Inc.
“Plan Provider” means a Provider who has an independent
contractor agreement with LIBERTY to provide certain Covered
Services to Members. A Plan Provider’s agreement with LIBERTY
may terminate, and a Member will be required to select another Plan
Provider.
“Post-Service Claim” means any Claim for Benefits under a Group
Health Plan regarding payment of benefits that is not considered a
Pre-Service Claim.
“Prescription Drug” means a Federal Legend drug or medicine that
can only be obtained by a prescription order or that is restricted to
prescription dispensing by state law. It also includes insulin and
glucagon.
“Pre-Service Claim” means any Claim for Benefits under a Group
Health Plan with respect to which the terms of the Plan condition
receipt of the benefit, in whole or in part, on approval of the benefit in
advance of obtaining medical care.
“Prior Authorization” or “Prior Authorized” means a system that
requires a Provider to get approval from LIBERTY before providing
non-emergency health care services to a Member for those services
to be considered Covered Services. Prior authorization is not an
agreement to pay for a service.
"Qualified Domestic Partner" means a Domestic Partner that is in a
Qualified Domestic Partnership with Subscriber.
"Qualified Domestic Partnership" means a relationship between
Subscriber and a Domestic Partner in which:
NV_Patriot_01/10 - 31 -
Both the Subscriber and the Domestic Partner are at
least 18 years of age;
The Subscriber and the Domestic Partner have
chosen to share one another’s lives in an intimate
and committed relationship;
Have entered into a domestic partnership out of their
own free will;
Have filed the required affidavits for the formation of
a Domestic Partnership under the laws of the State of
Nevada with the Secretary of State for the State of
Nevada;
The Subscriber and the Domestic Partner are jointly
responsible for the cost of food, shelter and other
basic living expenses of the other;
The Subscriber and the Domestic Partner are
unmarried to each other or any other person;
The Subscriber and the Domestic Partner are not in
any other domestic partnership;
The Subscriber and the Domestic Partner are not
related by blood to a degree that would prohibit a
spousal relationship;
The Subscriber and the Domestic Partner are both
legally competent to consent to contract; and
The Subscriber and the Domestic Partner have
shared the same regular and permanent actual
residence for a period of at least 12 months and
intend to do so indefinitely.
“Referral” means a recommendation for a Member to receive a
service or care from another Provider or facility.
“Retrospectiveor “Retrospectively” means a review of an event
after it has taken place.
NV_Patriot_01/10 - 32 -
“Rider” means a provision added to the agreement or the EOC to
expand benefits or coverage.
“Service Area means the geographical area where LIBERTY is
licensed to operate. Subscribers must live or work in the Service
Area to be covered under this Plan. Dependent children that are
covered under this Plan, due to a court order, do not have to reside
within the Service Area.
“Specialist” means a Plan Provider who has an independent
contractor agreement with LIBERTY to assume responsibility for the
delivery of specialty dental services to Members. These specialty
dental services include any services not related to the ongoing
primary or regular dental care of a patient. Specialty dental services
include specific fields of dentistry such as endodontics, periodontics,
oral surgery, or orthodontics.
“Subscriber” means an employee of the Group who meets the
eligibility requirements, who has enrolled under the Plan, and for
whom premiums have been received.
"Waiting Period" means the period of time as established by the
Group that must pass before coverage for an Eligible Employee or
Dependent can become effective.