| | | (3)__Each party to an external appeal may submit and | | review evidence related to the issues in dispute, use | | the assistance or representation of one or more | | individuals, including an attorney, and make an oral | | presentation.__The enrollee has the option of a | | decision by the hearing officer based upon the | | documentary record by the parties without live | | testimony. |
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| | | (4)__The bureau or any state agency conducting a fair | | hearing pursuant to contract with the bureau may | | contract with a health care provider who is | | appropriately credentialed with respect to the health | | care service under review to obtain additional | | information concerning disputed medical issues.__The | | health care provider may have no conflict of interest | | relating to the performance of the provider's duties | | under this subsection. |
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| | | (5)__The carrier involved shall provide the aggrieved | | enrollee or the enrollee's representative with adequate | | notice of appeal rights in a form to be approved by the | | bureau and, prior to a hearing, timely access to the | | carrier's records relating to the externally appealable | | decision and to all provisions of the plan or health | | insurance coverage, including any policies, procedures, | | criteria, guidelines, protocols or coverage manuals. |
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| | | (6)__The determination by the hearing officer on the | | external appeal must: |
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| | | (a)__Be made orally or in writing, and, if the | | determination is made orally, it must be supplied | | to the parties in writing within 5 working days of | | oral notification of the determination; |
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| | | (b)__Be binding on the carrier; |
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| | | (c)__Be made in accordance with the medical | | exigencies of the case involved but in no event | | later than 30 calendar days, or 72 hours in the | | case of an expedited appeal, from the date of | | completion of the filing of notice of external | | appeal of the decision; |
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| | | (d)__State, in layperson's language, the basis for the | | determination in conformance with the requirements of any | | applicable rule or interpretation of such a rule regarding the | | content of adverse determinations and include, if |
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