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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