Page 37 - PWH 2018 Plan Documents

accordance with Plan documents and Plan provisions have been applied
consistently with respect to all claimants; or

(4) constituted a statement of policy or guidance with respect to the Plan concerning
the denied treatment option or benefit.

The review shall take into account all comments, documents, records, and other information submitted by
the claimant relating to the Claim, without regard to whether such information was submitted or considered
in the initial benefit determination. The review will not afford deference to the initial Adverse Benefit
Determination and will be conducted by a fiduciary of the Plan who is neither the individual who made the
adverse determination nor a subordinate of that individual.

If the determination 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 fiduciary shall consult with a health care professional who was not involved in the original
benefit determination, nor a subordinate of any individual involved in the original determination. 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
Plan in connection with the initial determination will be identified.

If specifically provided under the Health Benefit Program, a claimant may bring a second appeal, which
shall be subject to the terms of this Section 15.4.

Voluntary Appeals, Including Voluntary Arbitration. 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 Plan waives any right to assert that a claimant has failed to exhaust administrative remedies because
he or she did not elect to submit a benefit dispute to the voluntary appeal provided by the Plan. A claimant
may elect a voluntary appeal after exhaustion of appeals of an adverse benefit determination as explained
in the section above, entitled, "Appeals."

The Plan will provide to the claimant, at no cost and upon request, sufficient information about the
voluntary appeal to enable the claimant 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 decision will have
no effect on the claimant's rights to any other benefits under the Plan; will list the rules of the appeal; state
the claimant'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 or costs will be imposed on the claimant as part of the voluntary level of appeal.

Time for Responses. Upon receipt of a Claim or an appeal of an Adverse Benefit Determination,
the Administrator (or its delegate) shall provide any required notice within the following time periods.

Urgent Care Claims. The Administrator shall decide the Claim as soon as feasible, but no
later than 72 hours following receipt of the Claim. Claimant shall have at least 48 hours to provide the
required information. The Administrator will notify claimant of its benefit determination within 48 hours
after the earlier of: (i) receipt of the required information, or (ii) the expiration of the period afforded to
claimant to provide the information. In the case of an Adverse Benefit Determination, claimant will be
provided a description of the expedited claim review process for Urgent Care Claims.

Appeal of an Adverse Benefit Determination shall be decided as soon as feasible, but no
later than 72 hours after the Administrator receives the request for review or appeal.

Pre Service Claims. A Pre-Service Claim shall be decided within 15 days after the
Administrator receives the Claim, although the review period may be extended an additional 15 days if