§ 890.107 Court review

5 CFR 890.107(a)(a) A suit to compel enrollment under § 890.102 must be brought against the employing office that made the enrollment decision.

5 CFR 890.107(b)(b) A suit to review the legality of OPM's regulations under this part must be brought against the Office of Personnel Management.

5 CFR 890.107(c)(c) Federal Employees Health Benefits (FEHB) carriers resolve FEHB claims under authority of Federal statute (5 U.S.C. chapter 89). A covered individual may seek judicial review of OPM's final action on the denial of a health benefits claim. A legal action to review final action by OPM involving such denial of health benefits must be brought against OPM and not against the carrier or carrier's subcontractors. The recovery in such a suit shall be limited to a court order directing OPM to require the carrier to pay the amount of benefits in dispute.

5 CFR 890.107(d)(d) An action under paragraph (c) of this section to recover on a claim for health benefits:

5 CFR 890.107(d)(1)(1) May not be brought prior to exhaustion of the administrative remedies provided in § 890.105;

5 CFR 890.107(d)(2)(2) May not be brought later than December 31 of the 3rd year after the year in which the care or service was provided; and

5 CFR 890.107(d)(3)(3) Will be limited to the record that was before OPM when it rendered its decision affirming the carrier's denial of benefits.

5 CFR 890.107(e)(e) A suit for equitable relief founded on 5 U.S.C. chapter 89 that is based on 5 U.S.C. 8902(p) and is governed by 5 CFR part 890 must be brought against OPM by December 31 of the 3rd year after the year in which disputed services were rendered.

5 CFR 890.107(f)(f) A suit to compel enrollment or for equitable relief from an adverse enrollment action founded on 5 U.S.C. chapter 89 that is based on information received by OPM pursuant to an agreement with a source agency as defined at § 890.1602, to determine whether Postal Service annuitants or family members of such annuitants satisfy the enrollment requirements set forth in 5 U.S.C. 8903c, may not be brought later than December 31 of the 3rd year after the year in which the enrollment action was effectuated, and will be limited to the record that was before OPM when it effectuated the enrollment action.