21 fiduciary of the Welfare Benefit P rogr am who is neither the i ndividual who made the Adverse Benefit D etermination nor a subordinate of that individual. If the Adverse Benefit D etermination was based on a medical judgment, including determinations with regard to whether a particular treatment, drug, or other item is experimental, investigational, or not medically necessary or appropriate, the Claims Administrator shall consult with a health care professional who was not involved in the original Adverse Benefit D etermination, nor a subordinate of any individual involved in the original Adverse Benefit D etermination. This health care professional will have appropriate training and experience in the field of medicine involved in the medical judgment. Additionally, medical or vocational experts whose advice was obtained on behalf of the Health Benefit P rogram in connection with the initial Adverse Benefit D etermination will be identified. I f specifically provided under the Health Benefit P rogram, a c laimant may bring a second a ppeal, which shall be subject to the terms of this S ection . Voluntary Appeals If a Welfare B enefit P rogram provides for a voluntary appeal process, the terms of this section shall apply. During voluntary dispute resolution, any statute of limitations or other defense based on timeliness is tolled during the time any voluntary appeal is pending. The Benefit P rogram wai ves any right to assert that a c laimant has failed to exhaust administrative remedies because they did not elect to submit a benefit dispute to the voluntary appeal provided by the Benefit P rogram. A c laimant may elect a voluntary appeal after exhaustion of appeals of an Adverse Benefit Determination as explained in the section above, entitled, "Appeals." The B enef it P rogram will provide to the c laimant, at no cost and upon request, sufficient information about the voluntary appeal to enable the c laimant to make an informed judgment about whether to submit a benefit dispute to the voluntary level of appeal. This information will include a statement that the decis ion will have no effect on the c laimant's rights to any other benefits under the Benefit P rogram; will list the rules of the appeal; state the c laimant's right to representation; enumerate the process for selecting the decision maker; and give circumstances, if any, that may affect the impartiality of the decision maker. No fees o r costs will be imposed on the c laimant as part of the voluntary level of appeal. Time for Responses Upon receipt of a C laim or an Appeal of an Adverse Benefit Determination , the Claims Administrator (or its delegate) shall make its determination and provide any required notice within the following time periods. Urgent Care Claims - The Claims Administrator shall decide the c laim as soon as feasible, but no later than 72 hours following receipt of the C laim. For Non - Grandfathered Plans, this time should be as soon as possible . If additional information is needed in order to decide the C laim, the Claims Administrator will notify the c laimant w ithin 24 hours and the c laimant shall have at least 48 hours to provide the required information. The Claims Administrator will notify c laimant of its benefit
2026 Benefits Guide by Snellings Walters Page 68 Page 70