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The Federal court will base its review on the record that was before OPM when OPM decided to uphold or overturn our decision. Further, Federal law governs your lawsuit, benefits, and payment of benefits.
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You may not sue until you have completed the disputed claims process. This information will become part of the court record. OPM may disclose the information it collects during the review process to support their disputed claim decision. This is the only deadline that can not be extended.
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If you decide to sue, you must file the suit against OPM in Federal court by December 31 of the third year after the year in which you received the disputed services, drugs, or supplies or from the year in which you were denied precertification or prior approval. If you do not agree with OPM’s decision, your only recourse is to sue. There are no other administrative appeals. OPM will send you a final decision within 60 days. OPM will review your disputed claim request and will use the information it collects from you and us to decide whether our decision is correct. Note: The above deadlines may be extended if you show that you were unable to meet the deadline because of reasons beyond your control.
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However, for urgent care claims, a health care professional with knowledge of your medical condition may act as your authorized representative without your consent. Parties acting as your representative, such as medical providers, must include a copy of your specific written consent with the review request. Note: You are the only person who has a right to file a disputed claim with OPM. Note: If you want OPM to review more than one claim, you must clearly identify which documents apply to which claim. Please note that by providing your email address, you may receive OPM’s decision more quickly.
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If you do not agree with our decision, you may ask OPM to review it. We will base our decision on the information we already have. If we do not receive the information within 60 days we will decide within 30 days of the date the information was due. You or your provider must send the information within 60 days of our request.
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However, our failure to provide you with new evidence or rationale in sufficient time to allow you to timely respond shall not invalidate our decision on reconsideration. We will provide you with this information sufficiently in advance of the date that we are required to provide you with our reconsideration decision to allow you a reasonable opportunity to respond to us before that date.
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How to File an AppealĪsk us in writing to reconsider our initial decision. Follow this Federal Employees Health Benefits program disputed claims process if you disagree with our decision on your claim or request for services, drugs, or supplies, including a request for preauthorization/prior approval.
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