§ 890.105 Filing claims for payment or service

5 CFR 890.105(a)(a) General.

5 CFR 890.105(a)(1)(1) Each health benefits carrier resolves claims filed under the plan. All health benefits claims must be submitted initially to the carrier of the covered individual's health benefits plan. If the carrier denies a claim (or a portion of a claim), the covered individual may ask the carrier to reconsider its denial. If the carrier affirms its denial or fails to respond as required by paragraph (c) of this section, the covered individual may ask OPM to review the claim. A covered individual must exhaust both the carrier and OPM review processes specified in this section before seeking judicial review of the denied claim.

5 CFR 890.105(a)(2)(2) This section applies to covered individuals and to other individuals or entities who are acting on the behalf of a covered individual and who have the covered individual's specific written consent to pursue payment of the disputed claim.

5 CFR 890.105(b)(b) Time limits for reconsidering a claim.

5 CFR 890.105(b)(1)(1) The covered individual has 6 months from the date of the notice to the covered individual that a claim (or a portion of a claim) was denied by the carrier in which to submit a written request for reconsideration to the carrier. The time limit for requesting reconsideration may be extended when the covered individual shows that he or she was prevented by circumstances beyond his or her control from making the request within the time limit.

5 CFR 890.105(b)(2)(2) The carrier has 30 days after the date of receipt of a timely-filed request for reconsideration to:

5 CFR 890.105(b)(2)(i)(i) Affirm the denial in writing to the covered individual;

5 CFR 890.105(b)(2)(ii)(ii) Pay the bill or provide the service; or

5 CFR 890.105(b)(2)(iii)(iii) Request from the covered individual or provider additional information needed to make a decision on the claim. The carrier must simultaneously notify the covered individual of the information requested if it requests additional information from a provider. The carrier has 30 days after the date the information is received to affirm the denial in writing to the covered individual or pay the bill or provide the service. The carrier must make its decision based on the evidence it has if the covered individual or provider does not respond within 60 days after the date of the carrier's notice requesting additional information. The carrier must then send written notice to the covered individual of its decision on the claim. The covered individual may request OPM review as provided in paragraph (b)(3) of this section if the carrier fails to act within the time limit set forth in this paragraph (b)(2)(iii).

5 CFR 890.105(b)(3)(3) The covered individual may write to OPM and request that OPM review the carrier's decision if the carrier either affirms its denial of a claim or fails to respond to a covered individual's written request for reconsideration within the time limit set forth in paragraph (b)(2) of this section. The covered individual must submit the request for OPM review within the time limit specified in paragraph (e)(1) of this section.

5 CFR 890.105(b)(4)(4) The carrier may extend the time limit for a covered individual's submission of additional information to the carrier when the covered individual shows he or she was not notified of the time limit or was prevented by circumstances beyond his or her control from submitting the additional information.

5 CFR 890.105(c)(c) Information required to process requests for reconsideration.

5 CFR 890.105(c)(1)(1) The covered individual must put the request to the carrier to reconsider a claim in writing and give the reasons, in terms of applicable brochure provisions, that the denied claim should have been approved.

5 CFR 890.105(c)(2)(2) If the carrier needs additional information from the covered individual to make a decision, it must:

5 CFR 890.105(c)(2)(i)(i) Specifically identify the information needed;

5 CFR 890.105(c)(2)(ii)(ii) State the reason the information is required to make a decision on the claim;

5 CFR 890.105(c)(2)(iii)(iii) Specify the time limit (60 days after the date of the carrier's request) for submitting the information; and

5 CFR 890.105(c)(2)(iv)(iv) State the consequences of failure to respond within the time limit specified, as set out in paragraph (b)(2) of this section.

5 CFR 890.105(d)(d) Carrier determinations. The carrier must provide written notice to the covered individual of its determination. If the carrier affirms the initial denial, the notice must inform the covered individual of:

5 CFR 890.105(d)(1)(1) The specific and detailed reasons for the denial;

5 CFR 890.105(d)(2)(2) The covered individual's right to request a review by OPM; and

5 CFR 890.105(d)(3)(3) The requirement that requests for OPM review must be received within 90 days after the date of the carrier's denial notice and include a copy of the denial notice as well as documents to support the covered individual's position.

5 CFR 890.105(e)(e) OPM review.

5 CFR 890.105(e)(1)(1) If the covered individual seeks further review of the denied claim, the covered individual must make a request to OPM to review the carrier's decision. Such a request to OPM must be made:

5 CFR 890.105(e)(1)(i)(i) Within 90 days after the date of the carrier's notice to the covered individual that the denial was affirmed;

5 CFR 890.105(e)(1)(ii)(ii) If the carrier fails to respond to the covered individual as provided in paragraph (b)(2) of this section, within 120 days after the date of the covered individual's timely request for reconsideration by the carrier; or

5 CFR 890.105(e)(1)(iii)(iii) Within 120 days after the date the carrier requests additional information from the covered individual, or the date the covered individual is notified that the carrier is requesting additional information from a provider. OPM may extend the time limit for a covered individual's request for OPM review when the covered individual shows he or she was not notified of the time limit or was prevented by circumstances beyond his or her control from submitting the request for OPM review within the time limit.

5 CFR 890.105(e)(2)(2) In reviewing a claim denied by the carrier, OPM may:

5 CFR 890.105(e)(2)(i)(i) Request that the covered individual submit additional information;

5 CFR 890.105(e)(2)(ii)(ii) Obtain an advisory opinion from an independent physician;

5 CFR 890.105(e)(2)(iii)(iii) Obtain any other information as may in its judgment be required to make a determination; or

5 CFR 890.105(e)(2)(iv)(iv) Make its decision based solely on the information the covered individual provided with his or her request for review.

5 CFR 890.105(e)(3)(3) When OPM requests information from the carrier, the carrier must release the information within 30 days after the date of OPM's written request unless a different time limit is specified by OPM in its request.

5 CFR 890.105(e)(4)(4) Within 90 days after receipt of the request for review, OPM will either:

5 CFR 890.105(e)(4)(i)(i) Give a written notice of its decision to the covered individual and the carrier; or

5 CFR 890.105(e)(4)(ii)(ii) Notify the individual of the status of the review. If OPM does not receive requested evidence within 15 days after expiration of the applicable time limit in paragraph (e)(3) of this section, OPM may make its decision based solely on information available to it at that time and give a written notice of its decision to the covered individual and to the carrier.

5 CFR 890.105(e)(5)(5) OPM, upon its own motion, may reopen its review if it receives evidence that was unavailable at the time of its original decision.