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<br />I") <br /> <br />) 15.06 l\lanner and content of initial claims determination notification. AvMed shall provide a Claimant <br />with written or electronic notification of any Adverse Benefit Determination. The notification shall set <br />forth, in a manner calculated to be understood by the Claimant, the following: <br /> <br />15.06.04 <br /> <br />The specific reasons for the Adverse Benefit Determination. <br /> <br />Reference to the specific Plan provisions on which the determination is based. <br /> <br />A description of any additional material or information necessary for the Claimant to perfect <br />the Claim and an explanation of why such material or information is necessary. <br /> <br />A description of AvMed's review procedures and the time limits applicable to such <br />procedures, including, when applicable, a statement of the Claimant's right to bring a civil <br />action under Section 502(a) of the Employee Retirement Income Security Act of 1974, as <br />amended (ERISA), following an Adverse Benefit Determination on final review. <br /> <br />15.06.05 If an internal rule, guideline, protocol, or other similar criterion was relied upon in making <br />the Adverse Benefit Determination, either the specific rule, guideline, protocol, or other <br />similar criterion or a statement that such rule, guideline, protocol or other similar criterion <br />was relied upon in making the Adverse Benefit Determination and that a copy shall be <br />provided free of charge to the Claimant upon request. <br /> <br />15.06.01 <br />15.06.02 <br />15.06.03 <br /> <br />q <br /> <br />) <br /> <br />15.06.06 If the Adverse Benefit Determination is based on whether the treatment or service is <br />experimental and/or investigational or not Medically Necessary, either an explanation of the <br />scientific or clinical judgment for the determination, applying the terms of the Plan to the <br />Claimant's medical circumstances, or a statement that such explanation shall be provided <br />free of charge upon request. <br /> <br />15.06.07 In the case of an Adverse Benefit Determination involving an Urgent Care Claim, a <br />description of the expedited review process applicable to such Claim. <br /> <br />15.07 Review procedure upon appeal. AvMed's appeal procedures shall include the following substantive <br />procedures and safeguards: <br /> <br />15.07.01 Claimant may submit written comments, documents, records, and other information relating <br />to the Claim. <br /> <br />15.07.02 Upon request and free of charge, the Claimant shall have reasonable access to and copies of <br />any Relevant Documents. <br /> <br />15.07.03 The appeal shall take into account all comments, documents, records, and other information <br />the Claimant submitted relating to the Claim, without regard to whether such information <br />was submitted or considered in the initial Adverse Benefit Determination. <br /> <br />) <br /> <br />15.07.04 The appeal shall be conducted by an appropriate named fiduciary of AvMed who is neither <br />the individual who made the initial Adverse Benefit Deterrnination nor the subordinate of <br />such individual. Snch person shall not defer to the initial Adverse Benefit Determination. <br /> <br />15.07.05 In deciding an appeal of any Adverse Benefit Determination that is based in whole or in part <br />on a medical judgment, including determinations with regard to whether a particular <br />treatment, medication, or other item is experimental and/or investigational or not Medically <br />Necessary, the appropriate named fiduciary shall consult with a Health Professional who has <br />appropriate training and experience in the field of medicine involved in the medical <br />judgment. <br /> <br />15.07.06 The appeal shall provide for the identification of medical or vocational experts whose advice <br />was obtained on behalf of AvMed in connection with a Claimant's Adverse Benefit <br /> <br />46 <br /> <br />A V-CHOlCE-2009 <br />MP-5320 (10/09) <br />