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HHRC-EOC 02.10.2017 14 Evidence of Coverage <br />Pursuant to Section 1365(b) of the Act, any Member who alleges his enrollment has been <br />canceled or not renewed because of his health status or requirement for services may request <br />review by the Department. <br />The California Department of Managed Health Care is responsible for regulating health care <br />service plans. If you have a grievance against your health plan, you should first telephone your <br />health plan at (1-800-342-8111) and use your health plan’s grievance process before contacting <br />the department. Utilizing this grievance procedure does not prohibit any potential legal rights <br />or remedies that may be available to you. If you need help with a grievance involving an <br />emergency, a grievance that has not been satisfactorily resolved by your plan, or a grievance <br />that has remained unresolved for more than 30 days, you may call the department for <br />assistance. You may also be eligible for an Independent Medical Review (IMR). If you are <br />eligible for IMR, the IMR process will provide an impartial review of medical decisions made <br />by a health plan related to the medical necessity of a proposed service or treatment, coverage <br />decisions for treatments that are experimental or investigational in nature and payment disputes <br />for emergency or urgent medical services. The department also has a toll-free telephone <br />number (1-888-HMO-2219) and a TDD line (1-877-688-9891)for the hearing and speech <br />impaired. The department’s Internet website http://www.hmohelp.ca.gov has complaint <br />forms, IMR application forms and instructions online. <br /> <br />Plan’s grievance process and the Department’s complaint review process are in addition to any <br />other dispute resolution procedures that may be available to you, and your failure to use these <br />processes does not preclude your use of any other remedy provided by law. <br /> <br />XVI. MISCELLANEOUS <br />A. Confidentiality Policy <br />A STATEMENT DESCRIBING PLAN’S POLICIES AND PROCEDURES FOR <br />PRESERVING THE CONFIDENTIALITY OF MEDICAL RECORDS IS AVAILABLE <br />AND WILL BE FURNISHED TO A MEMBER UPON REQUEST. <br /> <br />B. Member Consent <br />Under the EAP Services Agreement, Group makes Benefits which are consistent with <br />professionally recognized standards of practice, available to Members. The EAP Services <br />Agreement is subject to amendment, modification or termination, in accordance with the <br />provisions thereof, or by mutual agreement between Plan and Group, without the consent <br />or concurrence of Members. By accepting Benefits hereunder, all Members legally capable <br />of contracting, and the legal representatives of all Members incapable of contracting, agree <br />to all terms, conditions and provisions of the EAP Services Agreement. <br /> <br />C. Plan’s Policies <br />Plan may adopt reasonable policies, procedures, rules and interpretations to promote <br />orderly and efficient administration of the EAP Services Agreement. <br />REV: 03-10-23 MI <br />ATTY/AGR.2023.039/Aetna (EAP Services Agreement) (Page 38 of 42)