| (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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