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SummaCare Certificate of Coverage

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HMO<br />

Evidence <strong>of</strong> <strong>Coverage</strong><br />

www.summacare.com<br />

2003


New!<br />

<strong>SummaCare</strong> Plan Central<br />

On-Line access for claims and referral/authorization<br />

status, eligibility and benefits information.<br />

Go to www.summacare.com and click on<br />

<strong>SummaCare</strong> Plan Central<br />

Your employer has an agreement with <strong>SummaCare</strong>, Inc., to provide you with health benefits<br />

coverage. This booklet is your Evidence <strong>of</strong> <strong>Coverage</strong>. It explains the group HMO benefits<br />

covered by <strong>SummaCare</strong> Health Plan. This booklet and the Schedule <strong>of</strong> Benefits that come with it<br />

help you understand your <strong>SummaCare</strong> plan.<br />

NOTICE: IF YOU OR YOUR FAMILY MEMBERS ARE COVERED BY MORE THAN ONE<br />

HEALTH CARE PLAN, YOU MAY NOT BE ABLE TO COLLECT BENEFITS FROM BOTH<br />

PLANS. EACH PLAN MAY REQUIRE YOU TO FOLLOW ITS RULES OR USE SPECIFIC<br />

PHYSICIANS, PRACTITIONERS OR OTHER PROVIDERS. IT MAY BE IMPOSSIBLE TO<br />

COMPLY WITH BOTH PLANS AT THE SAME TIME. READ ALL OF THE RULES VERY<br />

CAREFULLY, INCLUDING THE COORDINATION OF BENEFITS SECTION. COMPARE<br />

THEM WITH THE RULES OF ANY OTHER PLAN THAT COVERS YOU OR YOUR<br />

FAMILY.<br />

2


TABLE OF CONTENTS<br />

I. Your Good Health 5<br />

A. How <strong>SummaCare</strong> Works 5<br />

B. Understanding Your Plan 5<br />

C. Restrictions on Choice <strong>of</strong> Providers 5<br />

D. Relationship Between Parties 6<br />

E. When Care Is Managed by Your PCP 7<br />

F. When Care Is Not Managed by Your PCP 8<br />

G. Pre-authorization 8<br />

H. Evaluation <strong>of</strong> New Technology 9<br />

I. Changing Your Selected PCP 9<br />

J. Services Received Outside <strong>of</strong> the <strong>SummaCare</strong> Service Area 10<br />

K. Full-Time Students 10<br />

II. Who Is Eligible for <strong>SummaCare</strong> 10<br />

A. Employee Eligibility 10<br />

B. Dependent Eligibility 10<br />

C. Qualified Medical Child Support Order 11<br />

III. Enrolling in <strong>SummaCare</strong> 11<br />

A. Pre-existing Condition Limitation 13<br />

B. Late Enrollment 13<br />

C. Special Enrollment 13<br />

IV. When <strong>Coverage</strong> Begins 14<br />

A. Initial Group Enrollment 14<br />

B. Newly Eligible Employees or Dependents 14<br />

C. Newborns 14<br />

V. When <strong>Coverage</strong> Ends 14<br />

A. Your <strong>SummaCare</strong> <strong>Coverage</strong> 14<br />

B. Your Dependent’s <strong>SummaCare</strong> <strong>Coverage</strong> 15<br />

VI. Reinstatement <strong>of</strong> <strong>Coverage</strong> 15<br />

VII. Covered Services 16<br />

A. Outpatient Services Covered 16<br />

B. Inpatient Hospital Services Covered 16<br />

C. <strong>Coverage</strong> for Emergency/Urgent Care Services 17<br />

D. Other Services Covered 18<br />

1. Ambulance Transportation 18<br />

2. Dental Services 18<br />

3. Durable Medical Equipment/Prosthetic Devices 18<br />

4. Home Health Care Services 18<br />

3


5. Hospice Care 19<br />

6. Lab and Other Diagnostic Services 19<br />

7. Infertility Diagnosis and Treatment 19<br />

8. Maternity Services 19<br />

9. Mental Health Services 20<br />

10. Podiatry Services 20<br />

11. Preventative Health Services 20<br />

12. Private Duty Nurses 21<br />

13. Rehabilitation Services 21<br />

14. Re-Constructive Surgery 21<br />

15. Second Surgical Opinions 21<br />

16. Skilled Nursing 21<br />

17. Substance Abuse Detoxification/Rehabilitation 21<br />

18. TMJ 22<br />

19. Transplants 22<br />

18. Vision Care 22<br />

VIII. General Exclusions 22<br />

IX. <strong>SummaCare</strong> Claims 26<br />

A. The Usual Procedure 26<br />

B. Emergency/Urgent Care 26<br />

C. When Copayments Apply 26<br />

X. Receipt and Release <strong>of</strong> Information 26<br />

XI. Complaint Procedure 27<br />

XII. Coordination <strong>of</strong> Benefits (COB) 32<br />

A. Plans that Do Not Coordinate 32<br />

B. How <strong>SummaCare</strong> Pays as the Primary Plan 32<br />

C. How <strong>SummaCare</strong> Pays as the Secondary Plan 33<br />

D. Determining Which Plan Is Primary 33<br />

E. Coordination Disputes 34<br />

F. Integration with Medicare 34<br />

G. Subrogation 34<br />

XIII. Continuation <strong>of</strong> <strong>SummaCare</strong> <strong>Coverage</strong> 34<br />

A. Converting to Individual Health Care <strong>Coverage</strong> Contract 34<br />

B. Continued <strong>Coverage</strong> for Handicapped Dependent Children 35<br />

C. COBRA Continuation <strong>of</strong> <strong>Coverage</strong> 36<br />

D. Ohio Law 38<br />

XIV. Health Insurance Portability and Accountability Act (HIPAA) 39<br />

XV. Definitions 39<br />

4


I. Your Good Health<br />

Your good health is the goal <strong>of</strong> <strong>SummaCare</strong>. As a licensed Health-Insuring Corporation (HIC)<br />

we believe that the most effective health care is care that is managed by a single doctor. One who<br />

knows you and your medical history. It has become popular for its success in providing the right<br />

care, at the right time, and at a reasonable cost.<br />

A. How <strong>SummaCare</strong> Works<br />

Your relationship with <strong>SummaCare</strong> begins when you choose your Primary Care Physician (PCP)<br />

to coordinate your total health care needs. Each covered family member may select a different<br />

<strong>SummaCare</strong> PCP. A comprehensive list <strong>of</strong> the PCPs and specialists participating in the<br />

<strong>SummaCare</strong> network is available in the <strong>SummaCare</strong> Provider Directory.<br />

Your PCP is the person you will visit first for nearly all illnesses or injuries. If your PCP<br />

determines that you require specialized care, need surgery, should be admitted to a hospital or<br />

other health care facility, he or she will refer you to the appropriate source for care.<br />

B. Understanding Your Plan<br />

<strong>SummaCare</strong> is simple to use. You need to know how this booklet, your Evidence <strong>of</strong> <strong>Coverage</strong>,<br />

relates to your Schedule <strong>of</strong> Benefits. You should know how your plan works. This will allow you<br />

to maximize the benefits from your plan.<br />

This booklet, combined with your Schedule <strong>of</strong> Benefits, provides complete information about the<br />

coverage available under your health care plan. To determine your <strong>SummaCare</strong> benefits for a<br />

specific service, you should refer to this booklet and your Schedule <strong>of</strong> Benefits. You also should<br />

check this booklet and your Schedule <strong>of</strong> Benefits when you have a question about coverage<br />

exclusions or other specific areas <strong>of</strong> your plan. This booklet presents detailed information about<br />

your benefits. Your Schedule <strong>of</strong> Benefits is a summary <strong>of</strong> the benefits and costs that you are<br />

responsible for under this plan. If you refer to one without looking at the other, you might<br />

misunderstand your benefits. You can always call Member Services at 330-996-8700 or 800-<br />

996-8701 if you need more information.<br />

You will also be given a Member Handbook. In your Member Handbook you will find a list <strong>of</strong><br />

Member’s Rights and Responsibilities. Please read these Rights and Responsibilities. An<br />

understanding <strong>of</strong> what you may expect from the Plan and what you are required to do is key to<br />

maximizing your benefits and ensuring coverage under <strong>SummaCare</strong>. This book can be used as a<br />

quick reference guide for questions about your <strong>SummaCare</strong> plan. Please be aware that your<br />

Member Handbook does not describe your coverage in detail. Always refer to this Evidence <strong>of</strong><br />

<strong>Coverage</strong> and your Schedule <strong>of</strong> Benefits when you have questions about specific details <strong>of</strong> your<br />

plan.<br />

There is a <strong>SummaCare</strong> dictionary in section XV <strong>of</strong> this booklet. It lists the definitions <strong>of</strong> terms<br />

that are used in this Evidence <strong>of</strong> <strong>Coverage</strong> and your Schedule <strong>of</strong> Benefits.<br />

C. Restrictions on Choice <strong>of</strong> Providers<br />

<strong>SummaCare</strong> limits access to certain health care physicians, practitioners or other providers. Such<br />

physicians, practitioners or other providers include, but are not limited to:<br />

5


- Podiatrists (covered only upon referral from your PCP);<br />

- Chiropractors (not covered)<br />

<strong>SummaCare</strong> does not cover services unless they are provided, arranged or authorized by your PCP.<br />

Exceptions are:<br />

1. Emergency services<br />

2. Routine GYN services<br />

3. Maternity services<br />

4. Mental health services<br />

5. One annual retinal eye exam if you are a diabetic (refer to page 22)<br />

6. Preventive mammograms (refer to page 20)<br />

7. Urgent care services received at an approved urgent care center (refer to page 18)<br />

If the medical care you need is not available from a <strong>SummaCare</strong> participating physician, practitioner or<br />

other provider, your PCP must get pre-authorization from <strong>SummaCare</strong> to see a physician who is not on the<br />

<strong>SummaCare</strong> panel. Your benefits for that physician’s care will be the same as if the care had been<br />

provided by a <strong>SummaCare</strong> specialist. In order to receive covered services from non-<strong>SummaCare</strong><br />

physicians, all <strong>of</strong> the following must apply:<br />

Services must be medically necessary;<br />

Services must be requested by a <strong>SummaCare</strong> physician, practitioner or other provider;<br />

Services must be pre-authorized by the <strong>SummaCare</strong> Health Services Management Program to make<br />

sure those services are covered under your <strong>SummaCare</strong> plan.<br />

Please consult with your <strong>SummaCare</strong> physician prior to obtaining service to ensure any necessary preauthorization<br />

was obtained. It is the member’s responsibility to verify that all necessary pre-authorization<br />

is obtained prior to receiving out-<strong>of</strong>-network care.<br />

D. Relationship Between Parties<br />

The relationship between <strong>SummaCare</strong> and <strong>SummaCare</strong> participating physicians, practitioners or other<br />

providers is a contractual relationship. <strong>SummaCare</strong> participating physicians, practitioners or other<br />

providers are not not agents or employees <strong>of</strong> <strong>SummaCare</strong>, nor is <strong>SummaCare</strong> the agent or employee <strong>of</strong> any<br />

participating physician, practitioner or other provider.<br />

The relationship between any physician and any covered person is that <strong>of</strong> physician and patient. The<br />

physician alone is solely responsible for all medical services provided to any covered person. The hospital<br />

alone is responsible for the hospital services provided to any covered person. All other physicians,<br />

practitioners or other providers are only responsible for the particular services they provide to any covered<br />

person.<br />

<strong>SummaCare</strong> and its employees, <strong>of</strong>ficers, trustees or agents shall not be held responsible or otherwise liable<br />

for any negligence or omission or other liability. This applies to any participating or non-participating<br />

physician, practitioner or other provider. This includes, but is not limited to: doctors, hospitals, and<br />

pharmacies. You agree not to seek redress from <strong>SummaCare</strong> or any <strong>of</strong> its employees, <strong>of</strong>ficers, trustees or<br />

agents, for such negligence, omission or<br />

other liability. Under this <strong>SummaCare</strong> plan, you must pay for services that are received but not<br />

covered under this plan.<br />

If you would like more information about a <strong>SummaCare</strong> physician’s, practitioner’s or other provider’s<br />

qualifications, please call <strong>SummaCare</strong> Member Services at 330-996-8700 or<br />

800-996-8701 or access our Website at www.summacare.com.<br />

6


E. When Care Is Managed by Your PCP<br />

Your PCP is available (or has made arrangements for a covering physician) 24 hours a day, 7 days a week.<br />

You will make a minimal copayment at the time <strong>of</strong> your <strong>of</strong>fice visit to your PCP for most types <strong>of</strong> services.<br />

<strong>SummaCare</strong> will cover 100% <strong>of</strong> the costs after you make your copayment. This is true for most types <strong>of</strong><br />

outpatient care managed by your PCP. Inpatient hospital services are covered 100% (after any<br />

copayments) when your <strong>SummaCare</strong> physician, practitioner or other provider coordinates your admission<br />

to the hospital. There is no deductible for you to meet each year. Complete copayment information can be<br />

found in your Schedule <strong>of</strong> Benefits.<br />

When your PCP manages your medical needs, you pay limited out-<strong>of</strong>-pocket expenses. Also, you do not<br />

have to submit claim forms. Your <strong>SummaCare</strong> physician, practitioner or other provider submits the claim<br />

forms for you.<br />

Your <strong>SummaCare</strong> physician, practitioner or other provider must obtain pre-authorization from<br />

<strong>SummaCare</strong>’s Health Services Management Program for a hospital admission, outpatient surgery and<br />

certain other services. Please consult with your <strong>SummaCare</strong> physician, practitioner, or other provider prior<br />

to obtaining services to ensure any necessary pre-authorization was obtained.<br />

Note: You do not need a referral from your PCP in order to receive coverage for the services listed on page<br />

6. For non-emergent services it is the responsibility <strong>of</strong> the member to ensure that health care providers to<br />

which you are referred to are participating in the <strong>SummaCare</strong> provider network.<br />

If you require specialized care, your <strong>SummaCare</strong> physician, practitioner or other provider may refer you to<br />

a specialist who is a <strong>SummaCare</strong> physician, practitioner or other provider. Standing referrals to specialists<br />

are available if your <strong>SummaCare</strong> physician, practitioner or other provider determines that you need<br />

continuing care from a particular specialist. In cases extending over prolonged periods <strong>of</strong> time that are life<br />

threatening, degenerative or disabling illness, your care may be coordinated by a specialist. Please consult<br />

with your <strong>SummaCare</strong> physician, practitioner, or other provider prior to obtaining services to ensure any<br />

necessary pre-authorization was obtained.<br />

If the medical care you need is not available from a <strong>SummaCare</strong> participating physician, practitioner or<br />

other provider, your PCP may refer you to an appropriate specialist who is not part <strong>of</strong> the <strong>SummaCare</strong><br />

program, however this must be approved by the <strong>SummaCare</strong> Health Services Management Program. Your<br />

benefits for that specialist’s care will be the same as if the care had been provided by a <strong>SummaCare</strong><br />

participating specialist, including medically necessary transportation costs as determined by <strong>SummaCare</strong>.<br />

The cost to you will be the same as if you had used a <strong>SummaCare</strong> physician, practitioner or other provider.<br />

Please consult with your <strong>SummaCare</strong> physician, practitioner, or other provider prior to obtaining services<br />

to ensure any necessary pre-authorization was obtained. It is the member’s responsibility to ensure any<br />

necessary pre-authorization was obtained prior to receiving out-<strong>of</strong> network care.<br />

In the event that <strong>SummaCare</strong> becomes insolvent, you may be responsible for paying for health care<br />

services given by a physician, practitioner or other provider or health care facility that is not<br />

under contract with <strong>SummaCare</strong>. It does not matter if <strong>SummaCare</strong> authorized the use <strong>of</strong> this<br />

physician, practitioner or other provider or health care facility.<br />

Call Member Services at 330-996-8700 or 800-996-8701 when you have a question about<br />

coverage.<br />

7


F. When Care is Not Managed by Your PCP<br />

With the exception <strong>of</strong> those services listed on page 6, <strong>SummaCare</strong> will not cover health care<br />

services that have not been pre-authorized or managed by your PCP. You will be financially<br />

responsible for services not managed by your PCP.<br />

G. Pre-Authorization<br />

Your <strong>SummaCare</strong> physician, practitioner or other provider is responsible for obtaining any<br />

required pre-authorizations from <strong>SummaCare</strong>. Your <strong>SummaCare</strong> physician, practitioner or other<br />

provider will request pre-authorization by contacting <strong>SummaCare</strong>’s Health Services Management<br />

Program. Pre-authorization is required for certain procedures to ensure that the service is<br />

medically necessary and that you will receive all <strong>of</strong> the benefits to which you are entitled. If your<br />

physician, practitioner or other provider requests pre-authorization and <strong>SummaCare</strong> determines<br />

that a service is not medically necessary, you and your physician, practitioner or other provider<br />

will receive a letter stating this and directions on how to initiate an appeal if you disagree with<br />

this decision. (NOTE: procedures requiring pre-authorization are listed on your Schedule <strong>of</strong><br />

Benefits). In the case <strong>of</strong> an adverse determination, the health insuring corporation shall notify the<br />

provider or health care facility rendering the health care service by telephone within three<br />

business days after making the adverse determination, and shall provide written or electronic<br />

confirmation <strong>of</strong> the telephone notification to the enrollee and the provider or health care facility<br />

within one business day after making the telephone notification. The member shall have the right<br />

to request an internal review if a response is not received within these time frames. Your<br />

<strong>SummaCare</strong> physician, practitioner or other provider will review your treatment plan, expected<br />

length <strong>of</strong> stay (if a hospital admission is required), and other features <strong>of</strong> your care with the Health<br />

Services Management Program.<br />

Your <strong>SummaCare</strong> physician, practitioner or other provider handles all communication with<br />

<strong>SummaCare</strong>’s Health Services Management Program.<br />

<strong>SummaCare</strong> supports a comprehensive Utilization Management Program encompassing preauthorization,<br />

concurrent review, retrospective review, case management and pharmaceutical<br />

review.<br />

Pre-authorization review is the process <strong>of</strong> determining the medical necessity <strong>of</strong> a proposed<br />

procedure, surgery or treatment (including pharmacological intervention) relative to approved<br />

criteria. Pre-authorization is required for certain procedures and prescriptions to ensure that the<br />

service is medically necessary and that you will receive all <strong>of</strong> the benefits to which you are<br />

entitled. <strong>SummaCare</strong> uses nationally accepted criteria when reviewing a service for preauthorization.<br />

Internally developed criteria may supplement industry standard criteria as needed<br />

and approved by <strong>SummaCare</strong>.<br />

Concurrent review is the process <strong>of</strong> continual reassessment <strong>of</strong> the medical necessity and<br />

appropriateness <strong>of</strong> care in a hospital, medical rehabilitation unit or skilled nursing facility during<br />

the institutional stay.<br />

Retrospective review is the process <strong>of</strong> determining certification for payment after services have<br />

been rendered.<br />

Case management is a tool for improving outcomes <strong>of</strong> health care delivery through patient education and<br />

self-care management, nurse/social worker telephone support and resource management.<br />

8


Board-certified physician consultants from appropriate specialty areas are available, as needed, to<br />

<strong>SummaCare</strong>’s Medical Directors in making determinations <strong>of</strong> medical necessity. Also, <strong>SummaCare</strong><br />

continually evaluates new technologies and the application <strong>of</strong> existing technologies, including procedures,<br />

services, treatments and pharmaceuticals. The <strong>SummaCare</strong> Pharmacy and Therapeutic Program is<br />

responsible for assuring optimal therapeutic use <strong>of</strong> pharmaceuticals and for developing policies and<br />

procedures, which guide pharmacy management.<br />

The Health Services Management Program follows nationally accepted criteria. Medically necessary care<br />

is defined as services or supplies provided by a hospital, physician, practitioner or other provider to<br />

identify or treat an illness or injury. This applies when those services or supplies are:<br />

1. Consistent with the symptoms or diagnosis and treatment <strong>of</strong> the condition, disease, ailment or injury;<br />

2. Appropriate to the standards <strong>of</strong> good medical practice;<br />

3. Not primarily for the convenience <strong>of</strong> the patient, the physician, practitioner or other provider; and<br />

4. The most appropriate supplies or services that can be given safely to the patient. If your symptoms or<br />

condition require services or supplies that cannot be given safely on an outpatient basis, you will<br />

receive the services or supplies on an inpatient basis.<br />

H. Evaluation <strong>of</strong> New Technology<br />

<strong>SummaCare</strong> periodically reviews and assesses new medical technologies and new applications <strong>of</strong> existing<br />

technologies for inclusion as covered benefits. This includes medical procedures, drugs and devices. The<br />

<strong>SummaCare</strong> Chief Medical Officer in collaboration with the Clinical Quality Committee reviews and<br />

investigates new technology in the following manner:<br />

1. Determines if FDA and/or Medical College Board Approval has been obtained.<br />

2. Reviews research data.<br />

3. Requests information directly from the manufacturer.<br />

At least two (2) sources <strong>of</strong> information must be utilized including such references as Hayes Directory,<br />

scientific literature, abstracts or other data. Regulatory reviews may also be used in review.<br />

Participating physicians, practitioners, and other providers are informed <strong>of</strong> the implementation <strong>of</strong> the new<br />

technology and how it relates to each benefits package.<br />

I. Changing Your Selected Primary Care Physician<br />

At <strong>SummaCare</strong>, we believe that your relationship with your PCP is key to helping you maintain the best <strong>of</strong><br />

health. Your relationship with your provider is very personal. If you would like to change your PCP, call<br />

Member Services at 330-996-8700 or 800-996-8701. You may also submit a PCP change on our Website,<br />

www.summacare.com. The new relationship will be effective within 31 days after the date you ask for the<br />

change. <strong>SummaCare</strong> will send you a new identification card that shows the effective date <strong>of</strong> the change.<br />

If you visit your new PCP before the effective date <strong>of</strong> the change, <strong>SummaCare</strong> will not provide coverage<br />

for those services. If you believe that you need medical attention that cannot wait for this effective date,<br />

call Member Services.<br />

9


J. Services Received Outside <strong>of</strong> the <strong>SummaCare</strong> Service Area<br />

If you are traveling outside <strong>of</strong> the <strong>SummaCare</strong> service area, you must still coordinate your care<br />

through your PCP, except in the case <strong>of</strong> an emergency or an urgent care situation. (See pages<br />

17/18 for more information on Emergency Services and Urgent Care Situations). Your PCP will<br />

coordinate any services, which may be appropriate for your condition. Except for emergencies or<br />

urgent care situations, care that is received outside <strong>of</strong> the <strong>SummaCare</strong> service area that has not<br />

been managed by your PCP will not be covered.<br />

K. Full-Time Students<br />

If your dependent is a full-time student meeting the eligibility requirements and residing outside<br />

<strong>of</strong> the service area, he/she will be covered for emergency and urgent care services while outside<br />

the service area. Routine care services will not be covered outside <strong>of</strong> the service area. (See pages<br />

17/18 for more information on Emergency and Urgent Care Services.)<br />

Full-time student status will be verified at least annually.<br />

II.<br />

Who Is Eligible for <strong>SummaCare</strong><br />

A. Employee Eligibility<br />

To enroll in the <strong>SummaCare</strong> plan, you must be:<br />

1. Eligible to participate in your employer’s health benefits program under the employer’s<br />

written requirements; (This may at times for certain employers, include retirees).<br />

2. Considered a legitimate, regularly employed employee. You must work at least 25 hours per<br />

week;<br />

3. Living in the <strong>SummaCare</strong> service area or employed in the <strong>SummaCare</strong> service area and living<br />

in a county next to that service area.<br />

You may also be eligible if you used to be employed by the employer currently contracting with<br />

<strong>SummaCare</strong>. The employer must have elected to continue group coverage under State or Federal<br />

law. Contact your employer’s personnel or employee benefits <strong>of</strong>fice for more information about<br />

eligibility.<br />

B. Dependent Eligibility<br />

Dependents eligible for <strong>SummaCare</strong> must be:<br />

1. Your legal spouse; *<br />

2. You or your spouse’s unmarried dependent child under age 19. An unmarried dependent<br />

child who is under age 25** may qualify if that child is a full-time student at an accredited<br />

school. You must show pro<strong>of</strong> <strong>of</strong> full-time student status. You can get this from your<br />

dependent’s school.<br />

10


The term “dependent child” includes: 1) biological children; 2) stepchildren; 3) legally adopted<br />

children; 4) children for whom you or your spouse is the legal guardian; and 5) children for<br />

whom you are responsible by court decree or qualified medical support order for principal<br />

support or medical care, even if the child lives outside <strong>of</strong> the <strong>SummaCare</strong> service area.<br />

(Dependents living outside <strong>of</strong> the service area must also follow the rules <strong>of</strong> the plan.)<br />

In the event <strong>of</strong> a divorce, you must remove your spouse from your <strong>SummaCare</strong> plan upon the<br />

effective date <strong>of</strong> the divorce. Failure to do so is considered insurance fraud. Dependents<br />

eligibility ages may vary by employer. Contact your employer’s personnel or employee benefits<br />

<strong>of</strong>fice to find out dependent age limits. Your adopted child becomes an eligible dependent on the<br />

same basis as other dependents;<br />

1. In the case <strong>of</strong> an agency adoption, on the date <strong>of</strong> adoptive placement as specified in the<br />

adoptive placement agreement; or<br />

2. In the case <strong>of</strong> an independent adoption, on the later <strong>of</strong> the date the child is placed in your<br />

physical custody or the date the petition for adoption is filed with the probate court.<br />

Qualified Medical Child Support Orders:<br />

The Plan Administrator shall enroll for immediate coverage under this Plan any Alternate<br />

Recipient who is the subject <strong>of</strong> a Medical Child Support Order that is a “Qualified Medical Child<br />

Support Order” (“QMCSO”) if such an individual is not already covered by the Plan as an<br />

Eligible Dependent once the Plan Administrator has determined that such order meets the<br />

standards for qualification.<br />

“Alternate Recipient” shall mean any child <strong>of</strong> a Covered Person who is recognized under a<br />

Medical Child Support Order as having a right to enrollment under this Plan as the Covered<br />

Person’s Eligible Dependent. For purposes <strong>of</strong> the benefits provided under this Plan, an Alternate<br />

Recipient shall be treated as an Eligible Dependent, but for purposes <strong>of</strong> the reporting and<br />

disclosure requirements, an Alternate Recipient shall have the same status as a Covered Person.<br />

“Medical Child Support Order” shall mean any judgment, decree or order (including approval <strong>of</strong><br />

a domestic relations settlement agreement) issued by a court <strong>of</strong> competent jurisdiction that:<br />

1. Provides for child support with respect to a Covered Person’s child or directs the<br />

Covered Person to provide coverage under a health benefits plan pursuant to<br />

a state domestic relations law (including a community property law); or<br />

2. Enforces a law relating to medical child support described in Social Security Act 1908 (as<br />

added by Omnibus Reconciliation Act <strong>of</strong> 1993, 13822 with respect to a group health plan.<br />

III.<br />

Enrolling In <strong>SummaCare</strong><br />

To enroll yourself and any eligible dependents in the <strong>SummaCare</strong> plan, you must complete an<br />

enrollment application (and Health Questionnaire for groups with less than fifty (50) employees).<br />

When completing the application, you must choose a PCP from the <strong>SummaCare</strong> Provider<br />

Directory for yourself, your spouse and your underage dependents. The PCP names must be<br />

noted in the space indicated on the application. Keep the Provider Directory for future reference,<br />

you may change your PCP in accordance with the information provided on Page 9.<br />

11


<strong>SummaCare</strong> must internally use your protected health information in order to conduct our<br />

business and provide you with the care and services to which you are entitled as a <strong>SummaCare</strong><br />

member. <strong>SummaCare</strong> may use or disclose information about you in order to facilitate your<br />

treatment and/or payment by or to a physician, health care provider, third party administrator,<br />

insurance company, or other appropriate entities, including government and law enforcement<br />

agencies, without your signed authorization. Additional disclosures may include the following:<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

Individuals involved in arranging for your care or payment <strong>of</strong> your care.<br />

Business Associates, who are persons or organizations contracted with to<br />

assist us with our health care operation.<br />

As required by law or law enforcement agencies.<br />

Public Health Activities<br />

The Food and Drug Administration<br />

Plan Sponsors<br />

Health Oversight Activities<br />

Lawsuits and Disputes<br />

Coroner, Medical Examiners and Funeral Directors<br />

Organ and Tissue Donations<br />

Research<br />

Military and Veterans<br />

National Security and Intelligence<br />

Workers’ Compensation<br />

<strong>SummaCare</strong> will use and disclose your protected information as necessary, and as permitted by law, for our<br />

health care operations. Such operations include processing claims, payment, treatment, coordination <strong>of</strong><br />

care, business management, accreditation and licensing, quality improvement, enrollment, underwriting,<br />

compliance, auditing and other functions related to your health benefits plan.<br />

Data used for research purposes will not include personal identification information and must be approved<br />

by the HIPAA Compliance Committee. The release <strong>of</strong> this information does not require member<br />

authorization.<br />

In the event that you are deemed incompetent or cannot provide authorization, <strong>SummaCare</strong> requires<br />

documented pro<strong>of</strong> <strong>of</strong> power <strong>of</strong> attorney or guardianship prior to release <strong>of</strong> any information. Legal counsel<br />

will review the documentation prior to release <strong>of</strong> information.<br />

Any protected health information shared with plan sponsors, which may include fully or self-insured<br />

employer groups, will only be disclosed if the plan sponsor agrees to strict confidentiality provisions, or if<br />

you provide written authorization to disclose your protected health information. Aggregate data, which<br />

does not contain protected health information, may be supplied to a plan sponsor without your written<br />

authorization.<br />

Plan Sponsors must agree to all <strong>of</strong> the following:<br />

<br />

<br />

<br />

<br />

<br />

Not use or disclose protected health information other than as permitted by the Plan<br />

document or by law<br />

Ensure that their agents and subcontractors agree to the same restrictions and conditions<br />

<strong>of</strong> protected health information as the employer or plan sponsor.<br />

Not to use the protected health information for employment or other benefit related<br />

decisions.<br />

Notify <strong>SummaCare</strong> <strong>of</strong> any use or disclosure <strong>of</strong> protected health information that is not<br />

consistent with the uses and disclosures listed in the plan document.<br />

Permit you to access and amend your protected health information<br />

12


Make necessary information available to <strong>SummaCare</strong> in order to provide you with an<br />

accounting <strong>of</strong> disclosures, should you request one.<br />

Establish procedures for the return, destruction and restriction <strong>of</strong> further use <strong>of</strong> your<br />

protected health information.<br />

Identify which <strong>of</strong> their employees have access to protected health information.<br />

Establish procedures for actions if the plan sponsor or its employees inappropriately use<br />

or disclose protected health information.<br />

<strong>SummaCare</strong> must also provide you with a; Notice <strong>of</strong> Privacy Practices upon your enrollment.<br />

The Notice <strong>of</strong> Privacy Practices further defines your rights and remedies concerning the<br />

disclosure <strong>of</strong> your protected health information.<br />

<strong>SummaCare</strong> maintains physical, electronic, and procedural safeguards that comply with<br />

applicable regulatory standards to guard your personal health information. In addition,<br />

<strong>SummaCare</strong> requires all affiliated parties who maintain your health records to enforce<br />

confidentiality policies and procedures within their facilities.<br />

In addition, you may review your personal health information within <strong>SummaCare</strong>’s control by<br />

contacting Member Services at 330-996-8700 or 800-996-8701 to schedule an appointment with<br />

the appropriate department representative. You may schedule appointments with physicians,<br />

practitioners, or other health care providers, from whom you are receiving health care, to review<br />

personal health information within their control. To maintain confidentiality in accordance with<br />

Federal Regulations, access to your spouse’s health information will be denied unless your<br />

spouse provides a written signed document authorizing the release <strong>of</strong> the information to you.<br />

<strong>SummaCare</strong> warrants that any other person and/or entity receiving information from <strong>SummaCare</strong><br />

signs a confidentiality agreement which requires them to abide by and release information in<br />

accordance with <strong>SummaCare</strong>’s confidentiality policies and procedures.<br />

You may receive a copy <strong>of</strong> the confidentiality policies by calling the Member Services<br />

Department at 330-996-8700 or 800-996-8701.<br />

A. Pre-Existing Condition Limitation<br />

There are no pre-existing condition limitations for enrolling in the <strong>SummaCare</strong> plan. Also,<br />

enrollment or re-enrollment in <strong>SummaCare</strong> cannot be based upon or subject to results <strong>of</strong> genetic<br />

screening or testing. When you become eligible, you can apply to enroll in <strong>SummaCare</strong> during<br />

your employer’s annual open enrollment period or within 31 days after the date you become<br />

eligible. At that time, you will choose whether you want coverage for only yourself, or for<br />

yourself and your eligible dependents.<br />

B. Late Enrollment<br />

If you turn down “first opportunity” enrollment for yourself and/or your dependents because <strong>of</strong> other group<br />

health insurance coverage, you may still be able to enroll in the future. You must request enrollment<br />

within 31 days after your other coverage ends.<br />

C. Special Enrollment<br />

If you have a change in family status due to marriage, birth, adoption or placement for adoption,<br />

you may enroll the affected person. This is provided you request enrollment within 31 days <strong>of</strong><br />

the change.<br />

13


IV.<br />

When <strong>Coverage</strong> Begins<br />

<strong>Coverage</strong> begins as <strong>of</strong> the date specified by your employer, except as provided in Section III.<br />

A. Initial Group Enrollment<br />

<strong>Coverage</strong> for the group begins on the effective date <strong>of</strong> the contract between your employer and<br />

<strong>SummaCare</strong>.<br />

B. Newly Eligible Employees or Dependents<br />

If the enrollment form is received after the effective date <strong>of</strong> the contract, and:<br />

1. You are hired during your employer’s Open Enrollment period; coverage will become effective when<br />

you have met your employer’s eligibility requirements (waiting period).<br />

2. Within 31 days <strong>of</strong> first becoming eligible, then coverage is effective on the date <strong>of</strong> eligibility.<br />

C. Newborns<br />

1. If you have Family <strong>Coverage</strong>, your newborn child is automatically enrolled in <strong>SummaCare</strong> at birth.<br />

After the birth, you must complete paperwork and submit it to your employer’s personnel or employee<br />

benefits <strong>of</strong>fice within 90 days <strong>of</strong> the date <strong>of</strong> birth or your newborn will not remain covered under your<br />

<strong>SummaCare</strong> plan after these 90 days.<br />

2. If you have coverage other than Family <strong>Coverage</strong>, your newborn is automatically enrolled in<br />

<strong>SummaCare</strong> at birth. After the birth, you must complete paperwork and submit it to your employer’s<br />

personnel or employee benefits <strong>of</strong>fice within 31 days <strong>of</strong> the date <strong>of</strong> birth or your newborn will not<br />

remain covered under your <strong>SummaCare</strong> plan after 31 days. You will be notified <strong>of</strong> any increase in<br />

premium.<br />

V. When <strong>Coverage</strong> Ends<br />

A. Your <strong>SummaCare</strong> <strong>Coverage</strong> Ends on the Earliest <strong>of</strong>:<br />

1. The date the contract between your employer and <strong>SummaCare</strong> ends (see exception below);<br />

2. The date you stop being an eligible employee under Section II. A;<br />

3. The end <strong>of</strong> the month in which you inform your employer that you no longer want coverage under the<br />

<strong>SummaCare</strong> plan;<br />

4. The date on which your <strong>SummaCare</strong> coverage began if it is later determined that you made a material<br />

misrepresentation on an enrollment form;<br />

5. The date on which you commit fraud or forgery with respect to the plan;<br />

6. The date on which you allowed a person not eligible for benefits to use a <strong>SummaCare</strong> identification<br />

card;<br />

7. The date you enter into active duty in the Armed Forces <strong>of</strong> any country; or<br />

8. The date on which you limited, interfered with, or prejudiced <strong>SummaCare</strong>’s right to recover benefits<br />

paid which you recovered or had a legal right to recover from another person or organization.<br />

14


When you become eligible, you can apply to enroll in <strong>SummaCare</strong> during your employer’s annual open<br />

enrollment period or within thirty-one days after the date you become eligible. At that time, you will<br />

choose whether you want coverage for only yourself, or for yourself and your eligible dependents.<br />

However, if you or any <strong>of</strong> your dependents are confined to a hospital on the effective date <strong>of</strong> coverage with<br />

<strong>SummaCare</strong>, <strong>SummaCare</strong> will not duplicate any benefits or services related to this stay by any other<br />

insurance coverage.<br />

In the event your coverage under this plan terminates while you or your covered dependent is an inpatient<br />

in a hospital, the continuation <strong>of</strong> your <strong>SummaCare</strong> coverage shall terminate at the earliest occurrence <strong>of</strong><br />

any <strong>of</strong> the following:<br />

a. The covered individual’s discharge from that facility; or<br />

b. The determination by the covered person’s attending physician that inpatient care is no<br />

longer medically indicated; or<br />

c. The covered individual has reached the limit for contracted benefits.<br />

d. The effective date <strong>of</strong> any new coverage.<br />

B. <strong>Coverage</strong> for Your Dependent Will End on the Earliest <strong>of</strong>:<br />

1. The date your own coverage ends;<br />

2. The date a dependent is no longer eligible for coverage. This is according to the eligibility<br />

requirements <strong>of</strong> your employer and <strong>of</strong> <strong>SummaCare</strong> under Section II.B;<br />

3. The end <strong>of</strong> the month for which the required Subscription Rate for <strong>SummaCare</strong> coverage has been<br />

paid;<br />

4. The end <strong>of</strong> the month in which you inform your employer that you no longer want coverage for your<br />

dependent under your <strong>SummaCare</strong> plan;<br />

5. The date your dependent enters into active duty in the Armed Forces <strong>of</strong> any country;<br />

6. The end <strong>of</strong> the month in which your dependent reaches the dependent limiting age.<br />

7. If your dependent is an inpatient in the hospital his/her coverage will end on the effective date <strong>of</strong> any<br />

new coverage.<br />

For exceptions regarding the above, see “Continuation <strong>of</strong> <strong>SummaCare</strong> <strong>Coverage</strong>” or call Member Services<br />

at 330-996-8700 or 800-996-8701.<br />

VI.<br />

Reinstatement <strong>of</strong> <strong>Coverage</strong><br />

If your coverage ends and you want to re-enroll in <strong>SummaCare</strong> through a different employer and a<br />

different plan (group number), your benefits will be effective as though you are enrolling in <strong>SummaCare</strong><br />

for the first time. If you are re-enrolling in <strong>SummaCare</strong> through the same employer and plan (group<br />

number) any benefit payments and copayments that have been made for that benefit year will be carried<br />

forward. Any employer eligibility-waiting period will apply to this reinstatement. Those payments will be<br />

applied towards lifetime or annual benefit maximums.<br />

15


VII.<br />

Covered Services<br />

The following services are covered by <strong>SummaCare</strong> when provided, authorized or managed by your PCP.<br />

If you receive services that have not been pre-authorized by your <strong>SummaCare</strong> physician, practitioner or<br />

other provider - except for those services listed on page 6 - you will be responsible for paying for these<br />

services. <strong>Coverage</strong> is provided subject to copayments, limitations and exclusions that are specified in this<br />

booklet and your Schedule <strong>of</strong> Benefits.<br />

A. Outpatient Services Covered<br />

1. Office visits to your physician, practitioner or other provider, including physical exams, well child<br />

care, immunizations and other preventive health care services that are base on the recommendations <strong>of</strong><br />

the United States Preventive Services Task Force. Copies <strong>of</strong> these recommendations are available<br />

from Member Services.<br />

2. Office visits to a <strong>SummaCare</strong> participating OB/GYN for obstetrical/gynecological services (a referral<br />

from your PCP is not necessary).<br />

3. Diagnostic services.<br />

4. Medically necessary surgical procedures and anesthesia that are covered benefits.<br />

5. Office visits to medical or surgical specialists.<br />

6. Urgent care services. Urgent care services apply to health problems that require immediate attention<br />

but are not emergencies. For conditions that are emergencies, refer to page 17 “Emergency<br />

Services/Urgent Care Situations”.<br />

7. Emergency services (refer to page 17 for more information)<br />

8. Services for mental health and substance abuse detoxification/rehabilitation.<br />

9. Allergy testing and treatment. Allergy shot only do not need individual pre-authorization.<br />

10. Physical, occupational, speech and cardio/pulmonary therapies.<br />

B. Inpatient Hospital Services Covered<br />

1. Semi-private room and board; private room and special care units if medically necessary and<br />

authorized by the <strong>SummaCare</strong> Health Services Management Program.<br />

2. Physician, practitioner or other provider services related to medical treatment or surgery.<br />

3. General nursing services.<br />

4. Diagnostic services.<br />

5. Operating room, anesthesia and supplies.<br />

16


6. Medically necessary supplies and services, such as oxygen, including equipment required for its<br />

administration, blood and blood plasma (if not replaced) and other fluids to be injected into the<br />

circulatory system; braces, crutches, casts, splints, trusses, surgical dressings and ostomy supplies used<br />

while in the hospital.<br />

7. Prescribed drugs consumed while in the hospital.<br />

8. Physical, occupational, speech and cardio/pulmonary therapies (see Schedule <strong>of</strong> Benefits for<br />

limitation).<br />

9. Services for nonexperimental human organ and tissue transplants. These must be pre-authorized and<br />

approved by the <strong>SummaCare</strong> Health Services Management Program and performed at an approved<br />

facility. Ohio Major Solid Organ Transplants (including heart, heart-lung, kidney, liver and pancreas)<br />

must also be pre-authorized and approved using the Major Solid Organ Transplant Consortium<br />

criteria. Covered transplants include: heart, lung, heart-lung, liver, pancreas, kidney, bowel, cornea<br />

and nonexperimental bone marrow (in some cases).<br />

10. Mental health and substance detoxification/rehabilitation.<br />

C. <strong>Coverage</strong> for Emergency Services/Urgent Care Situations<br />

Emergency services are available 24 hours a day, seven days a week. In an emergency, go to the nearest<br />

hospital. An emergency is defined as a medical condition that manifests itself by such acute symptoms <strong>of</strong><br />

sufficient severity, including severe pain, that a prudent layperson with an average knowledge <strong>of</strong> health<br />

and medicine could reasonably expect the absence <strong>of</strong> immediate medical attention to result in any <strong>of</strong> the<br />

following: placing the health <strong>of</strong> the individual or the health <strong>of</strong> a pregnant woman or her baby in serious<br />

jeopardy; serious impairment to bodily functions; or serious dysfunction <strong>of</strong> any bodily organ or part. Some<br />

examples <strong>of</strong> emergencies are:<br />

1. Unusual and severe chest pain;<br />

2. Unusual or excessive bleeding;<br />

3. Poisoning;<br />

4. Inability to breathe; or<br />

5. Obvious limb fractures.<br />

If you experience symptoms that meet the definition <strong>of</strong> an emergency, call 911 for emergency assistance.<br />

Emergency treatment for a condition that meets the definition does not have to be pre-authorized<br />

by your PCP. You do not have to use a <strong>SummaCare</strong> network hospital in the following instances:<br />

1. You are not able to physically go to a network hospital due to circumstances beyond your<br />

control.<br />

2. The time required to travel to a network hospital would impair your health.<br />

3. An ambulance takes you to a non-network hospital without your direction.<br />

4. You are unconscious.<br />

5. A natural disaster prevents you from using a network hospital.<br />

6. A hospital that was a network hospital has become a non-network hospital and you were<br />

unaware <strong>of</strong> this fact.<br />

17


However, you need to tell your PCP about your emergency treatment within 48 hours after<br />

receiving care, or as soon thereafter as medically possible so that your PCP can coordinate any<br />

follow-up care that is necessary.<br />

An urgent care situation occurs when you require care as soon as possible, but it is not life-or<br />

limb-threatening. Some examples <strong>of</strong> urgent care situations are:<br />

1. Minor cuts and abrasions;<br />

2. Minor burns;<br />

3. Sprains;<br />

4. Earaches or stomachaches; and<br />

5. Other minor injuries.<br />

If you require urgent care and you are inside the <strong>SummaCare</strong> service area, you may go to an<br />

approved urgent care center without a referral from your PCP. If you are outside <strong>of</strong> the<br />

<strong>SummaCare</strong> service area, you may go to the nearest urgent care center for treatment without a<br />

referral from your PCP. If you cannot locate an urgent care center, call your PCP or the<br />

<strong>SummaCare</strong> 24 Hour Nurse Line for instructions. Refer to your Schedule <strong>of</strong> Benefits for<br />

information on copayment amounts for urgent care.<br />

D. Other Services Covered<br />

1. Ambulance transportation<br />

<strong>SummaCare</strong> covers charges for medically necessary emergency transportation to the nearest<br />

hospital. In situations that are not an emergency, ambulance transportation must be preauthorized<br />

by <strong>SummaCare</strong>’s Health Services Management Program. Ambulance<br />

transportation must be provided by a pr<strong>of</strong>essional ambulance service.<br />

2. Dental services<br />

<strong>SummaCare</strong> covers initial treatment for damage to sound, natural teeth resulting from<br />

accidental injury. Initial treatment includes treatment that is necessary to stabilize the injury<br />

after trauma. Those injuries resulting from biting, chewing or eating are not covered to the<br />

extent that dental services would be required.<br />

3. Durable medical equipment and prosthetic devices<br />

The rental or purchase <strong>of</strong> durable medical equipment is covered if the needed equipment meets<br />

coverage and medical necessity guidelines. Most equipment must be pre-authorized by your<br />

physician through the <strong>SummaCare</strong> Health Services Management Program.<br />

<strong>SummaCare</strong> covers the first prosthesis. A replacement prosthesis will be covered if medically<br />

necessary and authorized by the Health Services Management Program. To be covered by<br />

<strong>SummaCare</strong>, prosthetic devices must be on <strong>SummaCare</strong>’s list <strong>of</strong> approved prosthetic<br />

appliances. Deluxe versions will not be covered.<br />

4. Home health care services<br />

The following home health care services are covered if the need for services meets medical<br />

necessity guidelines. These services must be pre-authorized by your physician through the<br />

<strong>SummaCare</strong>’s Health Services Management Program. Also, these services must be based on a<br />

written treatment plan.<br />

18


a. Skilled Nursing services provided by a registered or licensed practical nurse;<br />

b. Physical, occupational, speech therapies when your condition<br />

limits your ability to go to a facility to receive these services; and<br />

c. Medical social services.<br />

5. Hospice care<br />

The following hospice services are covered if the need for services meets medical necessity<br />

guidelines. Services must be pre-authorized by your physician through the <strong>SummaCare</strong><br />

Health Services Management Program:<br />

a. All covered home health care services listed above, except nursing services, which may be<br />

authorized for up to eight (8) hours in any twenty four (24) hour period;<br />

b. Room and board while in a hospice facility;<br />

Services and supplies furnished by the hospice facility during the admission,<br />

including part-time nursing care by or under the supervision <strong>of</strong> a registered nurse;<br />

c. Dietary guidance;<br />

d. Durable medical equipment;<br />

e. Bereavement counseling for family members who are enrolled members, up to<br />

two visits, and;<br />

f. Home health aide visits.<br />

Homemaker, volunteer and spiritual counseling services, food or home-delivered meals; and<br />

custodial care, rest care or care for someone’s convenience are not covered. Chemotherapy<br />

or radiation therapy if other than palliative treatment is not covered.<br />

6. Lab and other diagnostic services<br />

<strong>SummaCare</strong> will cover the cost <strong>of</strong> medically necessary lab work and other diagnostic services<br />

such but not limited to MRI’s and mammograms.<br />

7. Infertility diagnosis<br />

<strong>SummaCare</strong> will cover the costs for medically necessary infertility diagnosis and treatment<br />

when services are provided by a <strong>SummaCare</strong> physician, practitioner or other provider.<br />

<strong>Coverage</strong> does not include infertility drug therapy or monitoring or procedures used to induce<br />

pregnancy. (Please refer to the “Exclusions” section <strong>of</strong> this booklet for more information.)<br />

8. Maternity services<br />

Maternity services provided by <strong>SummaCare</strong> physicians, practitioners or other providers to you or your<br />

covered dependent are covered. Your physician, practitioner or other provider must notify<br />

<strong>SummaCare</strong> Health Services Management <strong>of</strong> the anticipated delivery date. You do not need a referral<br />

by your PCP for the following services to be covered:<br />

a. Hospital charges related to your pregnancy;<br />

b. Pre- and post-natal care; and<br />

c. Treatment for complications <strong>of</strong> pregnancy, childbirth and any obstetrical disorder,<br />

injury or condition arising from childbirth<br />

<strong>SummaCare</strong> covers up to a 48-hour hospital admission for routine vaginal delivery and up to a 96-hour<br />

admission for cesarean section delivery, unless authorization for an extended hospital stay has been<br />

obtained from <strong>SummaCare</strong>’s Health Services Management Program.<br />

19


If mother or newborn are discharged prior to 48 hours (vaginal) or 96 hours (cesarean), home<br />

follow-up care that is provided within 72 hours <strong>of</strong> the time <strong>of</strong> discharge will be covered.<br />

<strong>SummaCare</strong> also covers physician-directed follow up care, which includes:<br />

a. Physical assessment <strong>of</strong> the mother and newborn;<br />

b. Parent education;<br />

c. Assistance and training in breast or bottle-feeding;<br />

d. Assessment <strong>of</strong> the home support system;<br />

Performance <strong>of</strong> any medically necessary and appropriate clinical tests; and any other services that<br />

are consistent with the follow up care recommended in the protocols and guidelines developed by<br />

national organizations that represent pediatric, obstetric and nursing pr<strong>of</strong>essionals. This coverage<br />

applies to services provided in a medical facility and/or through home health care visits. These<br />

providers must be knowledgeable and experienced in newborn care.<br />

Emergency deliveries are covered, regardless <strong>of</strong> physician, practitioner or other provider. Your<br />

OB/GYN physician, practitioner or other provider must notify <strong>SummaCare</strong>’s Health Services<br />

Management Program or your PCP within forty eight (48) hours after the delivery or as soon<br />

thereafter as medically possible.<br />

9. Mental health services<br />

<strong>SummaCare</strong> will cover mental health services received from a participating physician,<br />

practitioner or other provider. A referral from your PCP is not necessary.<br />

Contact Member Services at 330-996-8700 or 800-996-8701 for more information.<br />

Your behavioral health physician, practitioner or other provider may need to request<br />

authorization for continued care.<br />

10. Podiatry services<br />

<strong>SummaCare</strong> covers pre-authorized medically necessary treatment by a plan podiatrist.<br />

Routine foot care and orthotics are not covered.<br />

11. Preventive health services<br />

<strong>SummaCare</strong> covers a variety <strong>of</strong> periodic health examinations that conform to national<br />

guidelines. Examples <strong>of</strong> preventive health services include, but are not limited to:<br />

a. Well child care, including immunizations;<br />

b. Cholesterol screening;<br />

c. Blood pressure checks;<br />

d. Annual screening mammograms beginning at age 40 (Covered at physician's discretion for<br />

women with higher than average risk below age 40)*; and<br />

e. PAP smears.<br />

f. Cytologic screening to detect cervical cancer<br />

*Mammogram benefit includes examinations that are performed in a health care facility or a<br />

mobile mammography-screening unit that is accredited under the American College <strong>of</strong><br />

Radiology Mammography Accreditation Program and included in the <strong>SummaCare</strong><br />

network. If you have any questions about which preventive health services are covered, please call<br />

Member Services at 330-996-8700 or 800-996-8701.<br />

20


12. Private-duty nurses<br />

Services provided by private-duty nurses to you or your covered dependent while in the hospital will<br />

be covered only if these services are medically necessary. Your physician must pre-authorize these<br />

services through <strong>SummaCare</strong>’s Health Services Management Program.<br />

13. Rehabilitation Service<br />

Rehabilitative services, including physical, occupational, speech and cardio/pulmonary therapies, will<br />

be covered only if they are determined to be medically necessary by the <strong>SummaCare</strong> Health Services<br />

Management Program and functional improvement can be demonstrated.<br />

Speech therapy is designed to provide treatment following acute conditions, congenital hearing loss<br />

and congenital conditions for which corrective surgery has been performed (e.g. cleft palates).<br />

Conditions such as behavioral speech disorders, learning disorders, stuttering, slow speech<br />

development, chronic muscle imbalance, and language therapy are excluded.<br />

Cardio/pulmonary rehabilitative services to provide treatment following acute conditions are covered.<br />

14. Re-constructive breast surgery<br />

Re-construction <strong>of</strong> the breast on which the mastectomy has been performed; Surgery and<br />

re-construction <strong>of</strong> the other breast to produce a symmetrical appearance; and prostheses<br />

and physical complications at all stages <strong>of</strong> the mastectomy, including lymphedemas.<br />

15. Second surgical opinions<br />

<strong>SummaCare</strong> covers second opinions to a <strong>SummaCare</strong> physician, practitioner or other provider upon<br />

referral from your PCP and/or <strong>SummaCare</strong>’s Health Services Management Program.<br />

16. Skilled nursing<br />

Skilled nursing facility services are covered if the need for services meets medical necessity criteria.<br />

Services must be pre-authorized by your physician, practitioner or other provider through<br />

<strong>SummaCare</strong>’s Health Services Management Program.<br />

<strong>SummaCare</strong> will provide reimbursement for skilled nursing care received in a non-network facility if<br />

all <strong>of</strong> the following conditions apply to you, your spouse or dependent:<br />

a. You lived or had a contract to live in the facility on or before September 1<br />

1997<br />

b. You, immediately before being hospitalized, lived or had a contract to live in the facility.<br />

After hospitalization you reside in a part <strong>of</strong> the facility that is a skilled nursing facility,<br />

regardless <strong>of</strong> whether you resided in a different part <strong>of</strong> the facility before hospitalization;<br />

c. The facility provides the level <strong>of</strong> skilled nursing care that you require; and<br />

d. The facility is willing to accept from <strong>SummaCare</strong> the same terms and conditions that<br />

apply to an in-network facility, including rates.<br />

17. Substance abuse detoxification and rehabilitation<br />

<strong>SummaCare</strong> covers pre-approved admissions to a facility for intensive chemical dependency<br />

detoxification and rehabilitation services in an inpatient setting or through a structured outpatient<br />

program. A diagnosis <strong>of</strong> abuse or addiction to alcohol and/or drugs must be established and<br />

approved for treatment by the <strong>SummaCare</strong> Health Services Management Program. Individual or<br />

group therapy sessions are covered when required for the treatment <strong>of</strong> abuse or addiction to alcohol<br />

or drugs and authorized for treatment by the <strong>SummaCare</strong> Health Services Management Program.<br />

21


18. Temporomandibular joint (TMJ) disorder<br />

<strong>SummaCare</strong> covers medical treatment for TMJ disorders, which have been pre-authorized. Dental<br />

services such as oral appliances and braces are not covered.<br />

19. Transplants<br />

Non-experimental organ transplants are covered for the insured recipient if the recommended<br />

treatment program is pre-authorized and approved by <strong>SummaCare</strong>’s Health Services Management<br />

program and performed at an approved facility. In addition, major solid organ transplants (including<br />

heart, kidney, heart-lung, liver and pancreas) must be pre-authorized using guidelines including those<br />

set by the Ohio Major Solid Organ Transplant Consortium. Covered transplants include: heart, lung,<br />

heart-lung, liver, pancreas, cornea, kidney, bowel and non-experimental bone marrow. Reasonable<br />

travel and lodging expenses are covered for the insured recipient if the transplant is received out <strong>of</strong><br />

area and approved by the <strong>SummaCare</strong> Health Services Management Program.<br />

20. Vision care<br />

One routine eye exam is covered every twenty four (24) months when performed by a plan<br />

physician or practitioner. <strong>SummaCare</strong> also covers one retinal eye exam for diabetics every 12<br />

months when performed by a plan physician.<br />

VIII.<br />

General Exclusions<br />

A. <strong>SummaCare</strong> Will Not Provide <strong>Coverage</strong> For:<br />

1. Abortions (Elective)<br />

Elective Abortions, whether surgically or pharmaceutically induced, except when continuation <strong>of</strong><br />

pregnancy poses a serious healthy hazard to the mother or the fetus has a congenital malformation<br />

incompatible with life.<br />

2. Acupuncture, Alternative Medicine<br />

Acupuncture or other treatment classified as “alternative medicine” unless specifically listed as<br />

covered in the Schedule <strong>of</strong> Benefits.<br />

3. Autistic Disease<br />

Treatment <strong>of</strong> conditions related to autistic disease or mental retardation.<br />

4. Chiropractic Services<br />

Chiropractic services, including spinal manipulation or skeletal adjustments.<br />

5. Contraceptive Devices, Vitamins, Food Supplements<br />

Contraceptive drugs and devices, vitamins, minerals or food supplements.<br />

6. Convenience Items<br />

Personal convenience items such as vacuum cleaners, air conditioners, humidifiers, elevators,<br />

chair lifts, physical fitness equipment and other such devices even though prescribed by a<br />

physician, practitioner, or other provider.<br />

7. Cosmetic Surgery<br />

Treatment or surgery to improve appearance (such as liposuction, breast augmentation, hair<br />

transplants, hair growth stimulants, sclerotherapy, etc.) except when it is needed to correct<br />

congenital defects <strong>of</strong> your covered newborn. Conditions, which result from accidental injury,<br />

are covered by <strong>SummaCare</strong>, as is reconstructive surgery after a mastectomy.<br />

22


8. Custodial Care<br />

Custodial care includes but is not limited to sitters, homemakers’ services or care in a place<br />

that services you primarily as a resident when you do not require skilled nursing.<br />

9. Court Ordered Treatment<br />

Testing or treatment ordered by a court or agreed to through a plea bargain.<br />

10. Dental Care<br />

Any care or treatment <strong>of</strong> teeth, gums, alveolar process or gingival tissues, except as specified<br />

on page 18 or where such a condition requires medical attention classified as basic health<br />

care. Dental services and appliances such as braces are also not covered.<br />

11. Donor Related Transplant Cost<br />

Donor-related costs for organ transplants, including but not limited to harvesting costs,<br />

transportation costs, organ storage costs and any other expenses not directly associated with<br />

the surgical transplant procedure performed on you or your dependent.<br />

12. Educational Training<br />

Services and supplies for training or education, except diabetes education classes that are<br />

covered if approved by <strong>SummaCare</strong>’s Health Services Management Program.<br />

13. Effective Date<br />

Services provided or charges incurred before the effective date <strong>of</strong> coverage under the plan or<br />

after coverage ends, subject to the specific exception noted in Section IV.<br />

14. Experimental Treatment<br />

Services and supplies that are experimental or <strong>of</strong> a research nature.<br />

15. Eye Services and Hardware<br />

Expenses incurred for eyeglass lenses or frames; fitting <strong>of</strong> eyeglass lenses or frames;<br />

orthoptic or vision training; bio microscopy; field charting or aniseikonia investigation;<br />

devices to correct vision; radial keratotomy or other refractive surgery; eye examinations<br />

required by an employer as a condition <strong>of</strong> employment or by virtue <strong>of</strong> a labor agreement, or<br />

required by a government body or agent.<br />

16. Foot Care<br />

Foot care that is not medically necessary, including diagnostic treatment for weak strained,<br />

unstable or flat feet.<br />

Foot orthotics.<br />

The treatment <strong>of</strong> corns, calluses or toenails, unless the charge was for the removal <strong>of</strong> nail<br />

roots, or in conjunction with the treatment <strong>of</strong> a metabolic or peripheral vascular disease.<br />

23


17. Government Provided Treatment<br />

Treatment provided or furnished by any agency <strong>of</strong> the United States Government, the<br />

government <strong>of</strong> any other country or any state or political subdivision.<br />

18. Growth Hormones<br />

Growth hormone therapy.<br />

19. Hearing Aids<br />

Expenses incurred for hearing aids, the examination for prescribing and fitting them. Hearing<br />

therapy and any related diagnostic hearing tests.<br />

20. Illegal Charges<br />

Charges for services for which you or your covered dependents are not legally required to<br />

pay, or that would not have been made if no coverage existed.<br />

21. IQ Testing<br />

Testing for intelligence, aptitude or interest.<br />

22. Jaw Joint Disorder<br />

Care or treatment <strong>of</strong> jaw-joint problems including orthognathic or osteotomy surgery that<br />

relates to malposition <strong>of</strong> the jaw, cranial mandibulare disorders, nerves and other tissues<br />

related to the joint or associated my<strong>of</strong>ascial pain except as specified on page 21 or where<br />

such a condition requires medical attention classified as basic health care, such as<br />

temporomandibular joint (TMJ) disorder.<br />

23. Marital Therapy<br />

Marital counseling or therapy.<br />

24. Maximum Limit Levels<br />

Services or charges that exceed a maximum limit as specified in this booklet or your<br />

Schedule <strong>of</strong> Benefits.<br />

25. Nicotine Dependency<br />

The treatment <strong>of</strong> nicotine dependency including smoking cessation programs or clinics and<br />

prescribed medications.<br />

26. Not Medically Necessary<br />

Services and supplies that are not considered medically necessary for your diagnosis and<br />

treatment.<br />

27. Obesity<br />

Treatment or products for obesity, food addiction or weight reduction.<br />

28. Personal Service Items<br />

Personal services such as haircuts, shampoos and sets, guest meals and radio/television<br />

rentals.<br />

29. Physician Non-Approved<br />

Services that are not performed, prescribed or pre-authorized through your <strong>SummaCare</strong><br />

physician, practitioner or other provider except for those services listed on page 6.<br />

24


30. Prenatal Classes<br />

Prenatal classes.<br />

31. Pregnancy Inducement/Surrogate Parenting<br />

Any medically unnecessary treatment to bring about pregnancy, including drug therapy and<br />

monitoring, embryo transplants, in-vitro fertilization (IVF), gamete intrafallopian transfer<br />

(GIFT), zygote intrafallopian transfer (ZIFT) and any other test tube baby production<br />

procedures. Surrogate parenting procedures are also not covered.<br />

32. Prescription Drugs<br />

Prescription drugs except those drugs administered during a visit to a physician or during a<br />

covered hospital inpatient stay.<br />

33. Remedial Education<br />

Charges in connection with any treatment, therapy, teaching technique or program for<br />

remedial education, rehabilitation or training that is mainly intended to overcome, improve or<br />

compensate for any learning impairment, regardless <strong>of</strong> whether such impairment is diagnosed<br />

as functional or organic.<br />

34. Rest Cures, Recreational Therapy<br />

Rest cures, travel, recreation or diversional therapy, even though prescribed by a physician,<br />

practitioner or other provider.<br />

35. Sex Therapy<br />

Sex therapy.<br />

37. Services Provider by Household Residents<br />

Services provided by people who ordinarily reside in your household or the household <strong>of</strong><br />

your covered dependent, or who are related by blood or marriage or legal adoption to you or<br />

your covered dependent.<br />

38. Sports and Special Employee Related Exams<br />

Sports, premarital examinations, physical, or psychological examinations required by: a) a<br />

school for sports exams b) an employer in order to begin or continue working c). an insurance<br />

company in order to obtain insurance; or d) a government agency.<br />

39. Sterilization Reversals<br />

Reversal <strong>of</strong> elective sterilization procedures.<br />

40. Telephone Consultations, Forms, Missed Appointments<br />

Charges for telephone consultations, missed appointments or the completion <strong>of</strong> claim forms,<br />

medical reports or certifications.<br />

41. Transsexual Surgery<br />

Transsexual surgery or any services leading to or in connection with transsexual surgery<br />

including disturbances <strong>of</strong> gender identification or any complications there<strong>of</strong>. Complications<br />

may be covered only if they reach the threshold <strong>of</strong> medically necessary to basic health care.<br />

25


42. Travel and Lodging<br />

Travel and lodging, even though a physician prescribes care, except reasonable lodging and travel<br />

costs needed for out-<strong>of</strong>-area transplant expenses for insured recipient only as approved by the<br />

<strong>SummaCare</strong> Health Services Management Program.<br />

43. War<br />

Charges incurred as a result <strong>of</strong> war or any act <strong>of</strong> war, whether declared or undeclared, or any act <strong>of</strong><br />

aggression, when the Covered Person is a member <strong>of</strong> the armed forces <strong>of</strong> any country, or during<br />

service by a Covered Person in the armed forces <strong>of</strong> any country. This exclusion does not apply to any<br />

covered Person who is not a member <strong>of</strong> the armed forces.<br />

44. Workers’ Compensation<br />

Care or treatment <strong>of</strong> work or occupational-related injury or illness covered by Workers’<br />

Compensation.<br />

IX. <strong>SummaCare</strong> Claims<br />

A. The Usual Procedure<br />

You usually do not have to complete and submit claim forms. Your <strong>SummaCare</strong> physician, practitioner or<br />

other provider to whom you were referred, will submit a claim for covered services to <strong>SummaCare</strong> for you.<br />

All you have to do is make your required copayment while at your physician’s, practitioner’s or other<br />

provider’s <strong>of</strong>fice. (Services that require copayments, and the amount <strong>of</strong> those copayments, are listed in<br />

your Schedule <strong>of</strong> Benefits). Except as otherwise described in this section, if you get a bill for services<br />

from your PCP or from a physician, practitioner or other provider to whom your PCP referred you, send<br />

the bill to <strong>SummaCare</strong>. You do not have to complete a claim form. <strong>SummaCare</strong> will always pay the<br />

physician, practitioner or other provider <strong>of</strong> care directly. You will not receive any checks. You may<br />

receive an explanation <strong>of</strong> benefits (EOB) detailing how much <strong>SummaCare</strong> has paid for the care you<br />

received. For contracted providers there is a one-year filing period to submit your claims.<br />

B. Emergency/Urgent Care<br />

In the event <strong>of</strong> an emergency or urgent care situation, if you receive services from a physician other than a<br />

<strong>SummaCare</strong> physician, practitioner or other provider, you may have to pay for those services at the time <strong>of</strong><br />

service and submit a claim to <strong>SummaCare</strong>. You can obtain claim forms from your employer or<br />

<strong>SummaCare</strong>. You must attach the doctor and hospital bills from the non-<strong>SummaCare</strong> Physician,<br />

practitioner or other provider to your claim form. Refer to pages 17/18 for more information on<br />

Emergency/Urgent Care.<br />

C. When Copayments Apply<br />

Your <strong>SummaCare</strong> plan includes certain services that involve copayments. These services and their<br />

copayment amounts are listed in your Schedule <strong>of</strong> Benefits. For example, a copayment for an <strong>of</strong>fice visit<br />

to your PCP, say $10 per visit, will be paid at the time you are at your PCP’s <strong>of</strong>fice.<br />

X. Receipt and Release <strong>of</strong> Information<br />

<strong>SummaCare</strong> must internally use your protected health information in order to conduct our business and<br />

provide you with the care and services to which you are entitled as a <strong>SummaCare</strong> member. <strong>SummaCare</strong><br />

may use or disclose information about you in order to facilitate your treatment and/or payment by or to a<br />

physician, health care provider, third party administrator, insurance copay, or other appropriate entities,<br />

including government and law enforcement agencies, without your signed authorization. Members<br />

understand that such information may be used to provide appropriate treatment, coordination <strong>of</strong> care,<br />

quality measurement and other appropriate uses related to quality treatment and care. Members further<br />

understand that medical information may be obtained from the review <strong>of</strong> medical records and claims<br />

26


information, which may contain information regarding behavioral health, HIV, aids and substance abuse<br />

information. <strong>SummaCare</strong> warrants that any other entity receiving information from <strong>SummaCare</strong> must<br />

agree to <strong>SummaCare</strong>’s confidentiality policies when using member’s medical information.<br />

XI. Complaint Procedure<br />

If you remain dissatisfied with a decision about a claim, or have another complaint, you can call Member<br />

Services at 330-996-8700 or 1-800-996-8701. A Member Services representative will ask you questions<br />

about your complaint and, if required, investigate the facts. You will receive a verbal response to your<br />

complaint within five business days.<br />

If you are still not satisfied, you can pursue your complaint further through one <strong>of</strong> <strong>SummaCare</strong>’s two<br />

formal complaint processes. They are the Grievance and the Appeal Process. The Appeal Process should<br />

be used whenever you disagree with <strong>SummaCare</strong>’s decision to deny, reduce, or terminate a service or a<br />

claim. The Grievance Process should be used for all other complaints, regarding such things as service,<br />

quality <strong>of</strong> care, or timely access to doctors and other providers. Each process is explained in detail on the<br />

following pages.<br />

A. Grievances<br />

If you are dissatisfied with the care or service you receive from <strong>SummaCare</strong> or any <strong>of</strong> our contracted health<br />

care providers, you may address those concerns through our formal grievance process. Some examples <strong>of</strong><br />

complaints that would be handled as a grievance are:<br />

Excessive time on hold when calling Member Services;<br />

Rude treatment by a physician or his <strong>of</strong>fice staff;<br />

You believe that the medical care you received from a <strong>SummaCare</strong> provider was inappropriate;<br />

You believe a <strong>SummaCare</strong> employee has violated your privacy rights.<br />

To file a grievance, send your request to:<br />

<strong>SummaCare</strong> Health Plan<br />

Appeals/Grievance Department<br />

P.O. Box 3620<br />

Akron, Ohio 44309-3620<br />

You may also fax your grievance to 330-996-8545, or submit it electronically to info@summacare.com. If<br />

you wish, you may submit your grievance in person by visiting the <strong>SummaCare</strong> <strong>of</strong>fices located at 10 North<br />

Main Street, Akron, Ohio. Please be as clear as possible when describing your grievance. If you need help<br />

with your grievance, please call Member Services for assistance. A Member Services representative will<br />

help you document the substance <strong>of</strong> your grievance over the phone. If your complaint is about the quality<br />

or appropriateness <strong>of</strong> care, you must file your grievance within 180 days from the date services were<br />

received.<br />

<strong>SummaCare</strong> will investigate your grievance and respond to you in writing within 30 calendar days. Our<br />

response will inform you <strong>of</strong> our findings and any action that <strong>SummaCare</strong> has or will take as a result <strong>of</strong> your<br />

grievance.<br />

If you are not satisfied with <strong>SummaCare</strong>’s response, you may file a second level grievance at the same<br />

address listed above. Your second level grievance will be reviewed by individuals who were not<br />

previously involved in investigating your complaint. A written response will be issued within 40 calendar<br />

days. The response will inform you <strong>of</strong> any further action <strong>SummaCare</strong> will take.<br />

If you still are not satisfied, you may file a complaint with the Ohio Department <strong>of</strong> Insurance,<br />

Consumer Services Division, 2100 Stella Court, Columbus, Ohio 43215-1067. You may also call<br />

the Ohio Department <strong>of</strong> Insurance at 1-800-686-1526 or 614-644-2673.<br />

27


B. Internal <strong>SummaCare</strong> Appeals:<br />

As a member <strong>of</strong> <strong>SummaCare</strong>, you have the right to appeal decisions that deny or limit your health<br />

care benefits. If a service is denied, reduced, or terminated, or if payment <strong>of</strong> a claim is fully or<br />

partially denied, you may appeal that denial. To file an appeal, send a written request to:<br />

<strong>SummaCare</strong> Health Plan<br />

Appeals/Grievance Department<br />

P.O. Box 3620<br />

Akron, Ohio 44309-3620<br />

You may also fax your appeal to 330-996-8545, or submit it electronically to<br />

info@summacare.com. If you wish, you may submit your appeal in person by visiting the<br />

<strong>SummaCare</strong> <strong>of</strong>fices located at 10 North Main Street, Akron, Ohio. Please be as clear as possible<br />

when describing your appeal. Any additional documentation that supports your request should be<br />

submitted with your appeal. If you need help with your appeal, please call Member Services for<br />

assistance. A Member Services representative will help you document the substance <strong>of</strong> your<br />

appeal over the phone. However, you will still need to follow-up with a signed, written appeal.<br />

You must file your appeal within 180 days from the date you first received notice <strong>of</strong> the denial<br />

you wish to appeal. <strong>SummaCare</strong> may accept an appeal from you after 180 days for just cause, but<br />

we are under no obligation to do so. An authorized individual, which may be a friend, family<br />

member, doctor, or anyone you choose may appeal for you, provided <strong>SummaCare</strong> receives a<br />

signed and dated statement from you or other legal authority authorizing that person to act on<br />

your behalf.<br />

After <strong>SummaCare</strong> investigates the facts, your appeal will be reviewed by individuals who had no<br />

previous involvement with the decision. If your appeal is in any way related to the medical<br />

appropriateness <strong>of</strong> the care or services in question, the appeal would be reviewed by a boardcertified<br />

physician. The exact time frame for resolving your appeal depends upon a number <strong>of</strong><br />

factors that are explained below. However, in every case <strong>SummaCare</strong> will resolve both levels <strong>of</strong><br />

internal appeal within 60 days from the date we received your first level appeal letter, or as fast as<br />

is medically necessary.<br />

C. First Level Post-Service Appeals:<br />

If your appeal is about a service that you have already received, it will be handled as a postservice<br />

appeal. <strong>SummaCare</strong> will notify you in writing <strong>of</strong> the outcome to your first level postservice<br />

appeal within 30 calendar days from the date we received your appeal.<br />

D. First Level Pre-service Appeals:<br />

If your appeal is asking that <strong>SummaCare</strong> cover a service or medical item that you have not yet<br />

received, <strong>SummaCare</strong> will notify you in writing <strong>of</strong> the outcome within 15 calendar days. Our<br />

response will explain the basis <strong>of</strong> the decision and inform you <strong>of</strong> any action that <strong>SummaCare</strong> has<br />

or will take as a result <strong>of</strong> your appeal.<br />

28


E. Expedited or Fast Appeals:<br />

<strong>SummaCare</strong> may choose to expedite your appeal if you believe that waiting 15 days for a preservice<br />

decision could result in any <strong>of</strong> the following:<br />

Place you or your unborn child in serious jeopardy;<br />

Cause serious impairment to bodily functions or serious dysfunction <strong>of</strong> any bodily organ<br />

or<br />

part;<br />

Place you in severe pain that cannot be adequately managed without the care or treatment<br />

in<br />

question.<br />

Expedited appeals are only granted in medically urgent situations. <strong>SummaCare</strong> does not have to<br />

expedite your appeal if we believe that it does not meet any <strong>of</strong> the three reasons listed above. If<br />

we determine that your appeal does not qualify for a fast/expedited review, we will still process it<br />

as a standard pre-service appeal. If you disagree with <strong>SummaCare</strong>’s decision not to expedite an<br />

appeal, you may file a grievance. If a licensed physician indicates that expedition is necessary for<br />

medical reasons, <strong>SummaCare</strong> will automatically expedite your appeal.<br />

If <strong>SummaCare</strong> does expedite your appeal, it will be completed within 72 hours from the time it is<br />

received or as fast as the medical necessity dictates. To request that your appeal be expedited,<br />

you must call Member Services at (330) 996-8700 or 1-800-996-8701. If your expedited appeal<br />

is denied in whole or in part, you may skip the second level <strong>of</strong> internal appeal and proceed<br />

immediately with an expedited independent review (see N below).<br />

F. Second Level Appeals:<br />

Ohio law requires <strong>SummaCare</strong> to complete the entire appeals process within 60 calendar days from receipt<br />

<strong>of</strong> your first level appeal request. In order to meet this requirement, <strong>SummaCare</strong> will automatically begin<br />

reviewing your appeal at the second level <strong>of</strong> review if your first level appeal is not wholly approved. For<br />

post-service appeals you will have seven days after <strong>SummaCare</strong> issues our first level decision to contact<br />

us and let us know that you wish us to complete the second level appeal process. For pre-service appeals<br />

you will have 45 days from the date we received your first level appeal letter to contact us and let us<br />

know that you wish us to complete the second level appeal process described below. You may contact us<br />

over the phone, by fax, mail or email. If <strong>SummaCare</strong> does not hear from you within these time frames,<br />

we will assume that you agree with the first level decision and do not wish to have your appeal considered<br />

at the second level. Your second level appeal may then be dismissed. If you contact us after these time<br />

frames and ask to proceed with the second level <strong>of</strong> appeal, <strong>SummaCare</strong> may not be able to complete both<br />

levels <strong>of</strong> appeal within 60 calendar days as required by state law. For this reason, <strong>SummaCare</strong> may not be<br />

able to consider your request at the second level. However, even if you have missed the time frame for<br />

filing a second level appeal, you may still have the right to appeal further via one <strong>of</strong> the additional external<br />

appeal processes described below.<br />

Your second level appeal will be reviewed by a fresh set <strong>of</strong> individuals who were not involved in either the<br />

initial denial or the first level appeal decision. If your second level appeal is in any way related to the<br />

medical appropriateness <strong>of</strong> the care or services in question, the appeal will be reviewed by a board -<br />

certified physician or other appropriately licensed healthcare pr<strong>of</strong>essional in the same or similar specialty<br />

that typically treats the medical condition or provides the procedure or treatment in question. If your second<br />

level appeal is purely a benefit issue, it will be heard by the <strong>SummaCare</strong> Appeals Committee.<br />

29


G. Second Level Post-Service Appeals:<br />

<strong>SummaCare</strong> will send you a written response to your second level post-service appeal within 30<br />

calendar days from the date we received your second level request and within 60 calendar days<br />

from the date we received your first level appeal letter (whichever comes first).<br />

H. Second Level Pre-Service Appeals:<br />

<strong>SummaCare</strong> will send you a written response to your second level pre-service appeal within 15<br />

calendar days from the date we received your second level request and within 60 calendar days<br />

from the date we received your first level appeal letter (whichever comes first).<br />

Please Note: The time frame for resolving any <strong>of</strong> your internal appeals described above may be<br />

shortened if the seriousness <strong>of</strong> your condition requires a faster review. In certain situations,<br />

<strong>SummaCare</strong> may, with your permission, choose to skip the internal appeal process and proceed<br />

directly with one <strong>of</strong> the additional external appeal processes described below. <strong>SummaCare</strong> may<br />

choose to skip the second level <strong>of</strong> internal appeal without your permission.<br />

I. Additional External Appeals:<br />

If you are still not happy with <strong>SummaCare</strong>’s decision, you may request a review from another<br />

source. You may appeal denials for any <strong>of</strong> the reasons listed below:<br />

a. They are not covered services;<br />

b. They are not medically necessary; or<br />

c. They are experimental and you have a terminal illness<br />

These additional appeals are available only after you complete <strong>SummaCare</strong>’s internal appeal<br />

process. The procedures for appealing denials beyond <strong>SummaCare</strong> are explained below.<br />

J. Denial Because Services Are Not Covered<br />

If <strong>SummaCare</strong> denies a service because it is not a covered service, you may request a review from<br />

the Ohio Department <strong>of</strong> Insurance. You can write the Department <strong>of</strong> Insurance at 2100 Stella<br />

Court, Columbus, Ohio 43215 or call the Department at 1-800-686-1526.<br />

The Department will review your contract and the type <strong>of</strong> service requested. If the Department<br />

determines that the service is not a covered benefit, <strong>SummaCare</strong> does not have to pay for the<br />

service. If the Department determines that the service is a covered benefit, the plan must either<br />

pay for the service or give you an opportunity for review by an Independent Review Organization<br />

(IRO).<br />

K. Denial Because Services Are Not Medically Necessary<br />

If <strong>SummaCare</strong> denies a service because it is not medically necessary and the service and related<br />

expenses will cost you more than $500 if it is not covered by <strong>SummaCare</strong> (the $500 does not<br />

apply to expedited cases), you may request an external review from an Independent Review<br />

Organization (IRO). The IRO is not affiliated with <strong>SummaCare</strong>.<br />

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You must request this review within (60) days <strong>of</strong> receiving notice that your appeal was denied by<br />

<strong>SummaCare</strong>. Your request must be in writing and include certification from the provider that the<br />

service will cost you more than $500.<br />

The IRO will review your medical records and determine if the recommended service is<br />

medically necessary. If the IRO determines that the service is medically necessary, <strong>SummaCare</strong><br />

must pay for the service according to the terms <strong>of</strong> the contract. If the IRO determines that the<br />

service is not medically necessary, the plan does not have to pay for the service.<br />

L. Denial Because Services Are Experimental<br />

If you have a terminal illness you may also request an external review when services are denied<br />

because they are experimental or investigative. To qualify for this review you must meet all <strong>of</strong><br />

the following criteria:<br />

1. You have a terminal condition that, according to the current diagnosis, has a high probability<br />

<strong>of</strong> causing death within (2) two years.<br />

2. You request an external review not later than (60) days after receiving the decision <strong>of</strong><br />

<strong>SummaCare</strong> denying the requested service because it is experimental.<br />

3. Your physician certifies that one <strong>of</strong> the following situations applies to your condition:<br />

a. Standard Therapies have not been effective in improving your condition;<br />

b. Standard Therapies are not medically appropriate for you;<br />

c. There is no standard therapy covered by the health plan that will benefit you more than the<br />

therapy requested by either you or your physician.<br />

4. Your physician has recommended a drug, device, procedure or other therapy that he or she<br />

certifies in writing is likely to benefit you more than standard therapies, or you have<br />

requested a therapy that has been found in a preponderance <strong>of</strong> peer-reviewed published<br />

studies to be associated with effective clinical outcomes for the same condition.<br />

5. You have exhausted all internal levels <strong>of</strong> appeal.<br />

6. The drug, device, procedure, or other therapy would be covered if it were not considered to be<br />

experimental.<br />

M. Instructions for Requesting an Independent Review<br />

You must request an external review in writing within 60 days <strong>of</strong> receiving notice from <strong>SummaCare</strong> that<br />

your request for coverage is denied. You (the member), an authorized person, the provider, or the health<br />

care facility representative may request the review. The provider and health care facility must have the<br />

member’s signed authorization to request a review. You do not need the authorization <strong>of</strong> the provider.<br />

You cannot be required to pay for the review. The review is paid for by <strong>SummaCare</strong>.<br />

The Independent Review Organization must provide you with a response within 30 days. The decision <strong>of</strong><br />

the IRO must include:<br />

a. A description <strong>of</strong> the patient’s condition;<br />

31


. The principal reason for the decision; and<br />

c. An explanation <strong>of</strong> the clinical rationale for the decision.<br />

N. Expedited Review<br />

When the independent review must be completed quickly because <strong>of</strong> your medical condition, you may<br />

request an external review by phone, fax or email. However, you must follow-up this request with a<br />

written request within five days. The independent review organization must provide you with a response<br />

to an expedited review within seven (7) days <strong>of</strong> your initial request.<br />

You may request an expedited independent review if delaying the review will do any <strong>of</strong> the following:<br />

a. Place the health <strong>of</strong> the patient or unborn child in serious jeopardy;<br />

b. Cause serious impairment to bodily functions; or<br />

c. Cause serious dysfunction <strong>of</strong> any body organ or part.<br />

No suit or claim for benefits may be brought unless all the requirements <strong>of</strong> this section have been followed.<br />

O. Provider Reconsiderations<br />

<strong>SummaCare</strong> <strong>of</strong>fers your provider the right to request in writing, on your behalf, a review <strong>of</strong> a decision you<br />

disagree with. <strong>SummaCare</strong> may require that your provider obtain a signed statement from you authorizing<br />

him or her to request reconsideration. <strong>SummaCare</strong> will work with your provider to get the information<br />

needed to review the decision. <strong>SummaCare</strong> will reply to your provider’s request within three business<br />

days.<br />

XII. Coordination <strong>of</strong> Benefits (COB)<br />

“Coordination <strong>of</strong> Benefits” is the procedure used to pay health care expenses when a person is covered by<br />

more than one plan. <strong>SummaCare</strong> follows rules established by Ohio law to decide which plan pays first and<br />

how much the other plan must pay. In accordance with non-duplication rules <strong>of</strong> insurance, combined<br />

payments <strong>of</strong> all plans should not exceed what <strong>SummaCare</strong> would pay in the absence <strong>of</strong> another plan.<br />

When you or your family members are covered by another plan along with this one, <strong>SummaCare</strong> will<br />

follow Ohio Coordination <strong>of</strong> Benefits rules to determine which plan is primary and which is secondary.<br />

You must submit all bills first to the primary plan. The primary plan must pay its full benefits as if you had<br />

no other coverage. If the primary plan denies the claim or does not pay the full bill, you may then send the<br />

balance to the secondary plan. <strong>SummaCare</strong> will follow non-duplication rules <strong>of</strong> insurance when paying as<br />

a secondary plan.<br />

A. Plans that Do Not Coordinate<br />

<strong>SummaCare</strong> pays for health care only when you follow <strong>SummaCare</strong>’s rules and procedures as stated in this<br />

Evidence <strong>of</strong> <strong>Coverage</strong>. If <strong>SummaCare</strong>’s rules conflict with those <strong>of</strong> another plan, it may be impossible to<br />

receive benefits from both plans.<br />

B. How <strong>SummaCare</strong> Pays as the Primary Plan<br />

<strong>SummaCare</strong> will pay as the primary plan when coordinating with the following kinds <strong>of</strong> individual policies<br />

or contracts:<br />

1. Medicaid;<br />

2. Group hospital indemnity plans which pay less than $100 per day;<br />

3. School accident coverage;<br />

4. Some supplemental sickness and accident policies.<br />

32


When <strong>SummaCare</strong> is primary, <strong>SummaCare</strong> will pay the full benefit allowed by <strong>SummaCare</strong>’s<br />

allowable expense as if you had no other coverage.<br />

C. How <strong>SummaCare</strong> Pays as the Secondary Plan<br />

1. When <strong>SummaCare</strong> is secondary, <strong>SummaCare</strong>’s payments will be based on the balance left<br />

after the primary plan has paid. <strong>SummaCare</strong> will pay no more than the balance <strong>of</strong><br />

<strong>SummaCare</strong>’s Allowable Expense. In no event will <strong>SummaCare</strong> pay more than it would have<br />

paid had it been primary. It is your responsibility to make sure that the secondary plan has all<br />

<strong>of</strong> the information that it needs from the primary insurer.<br />

2. <strong>SummaCare</strong> will pay only for health care expenses that are covered by this plan.<br />

3. <strong>SummaCare</strong> will pay only if you have followed all <strong>of</strong> <strong>SummaCare</strong>’s procedural requirements<br />

including obtaining care from or arranged by your <strong>SummaCare</strong> provider and obtaining any<br />

required pre-authorizations.<br />

4. <strong>SummaCare</strong> will pay no more than the Allowable Expense for the health care involved. If<br />

<strong>SummaCare</strong>’s Allowable Expense is lower than the primary plan’s, we will use the primary<br />

plan’s Allowable Expense that may be less than the actual bill.<br />

D. Determining Which Plan Is Primary<br />

To decide which plan is primary, <strong>SummaCare</strong> must consider both the Coordination <strong>of</strong> Benefits<br />

provisions <strong>of</strong> the other plan and which member <strong>of</strong> your family is involved in a claim. The<br />

primary plan will be determined by the first <strong>of</strong> the following that applies:<br />

1. Non-coordinating Plan. If you have another plan that does not coordinate benefits, it will<br />

always be primary.<br />

2. Employee. The plan that covers you as an employee (neither laid <strong>of</strong>f nor retired), member,<br />

(insured or subscriber) other than a dependent is always primary.<br />

3. Children (Parents Divorced or Separated). If the court decree makes one parent responsible<br />

for health care expenses, that parent’s plan is primary. If the court decree gives joint custody<br />

and does not mention health care, we follow the birthday rule (see Part 4 below). If neither <strong>of</strong><br />

those rules applies, the order will be determined in accordance with the Ohio Department <strong>of</strong><br />

Insurance rule on Coordination <strong>of</strong> Benefits.<br />

4. Children and the Birthday Rule. When your children’s health care expenses are involved, we<br />

follow the “birthday rule”. The plan <strong>of</strong> the parent with the first birthday in a calendar year is<br />

always primary for the children. If your birthday is in January and your spouse’s birthday is<br />

in March, your plan will be primary for all <strong>of</strong> your children. However, if your spouse’s plan<br />

has some other coordination rule (for example, a “gender rule” that says the father’s plan is<br />

always primary), <strong>SummaCare</strong> will follow the rules <strong>of</strong> that plan.<br />

5. Other Situations. For all other situations not described above, the order <strong>of</strong> benefit will be<br />

determined in accordance with the Ohio Department <strong>of</strong> Insurance rule on Coordination <strong>of</strong><br />

Benefits.<br />

33


E. Coordination Disputes<br />

If you believe that we have not paid a claim properly, you should first attempt to resolve the<br />

problem by following the complaint procedure detailed in this Evidence <strong>of</strong> <strong>Coverage</strong>. Contact<br />

<strong>SummaCare</strong> Member Services at 330-996-8700 or 800-996-8701 for information. If you are still<br />

not satisfied, you may call the Ohio Department <strong>of</strong> Insurance at 614-644-2673 or 800-686-1526<br />

for instructions on filing a consumer complaint.<br />

F. Integration With Medicare<br />

Under Federal law, if you or your covered dependents are both covered by <strong>SummaCare</strong> and<br />

eligible for Medicare benefits, usually <strong>SummaCare</strong> is the primary plan and Medicare is the<br />

secondary plan. But when permitted by law, <strong>SummaCare</strong> is the secondary plan.<br />

G. Subrogation<br />

This provision applies if the Plan pays benefits to or on behalf <strong>of</strong> a covered person for care for an<br />

injury or illness for which the covered person or the covered person’s representative or<br />

beneficiary has a right to recover, including, but not limited to, when such injury or illness is<br />

sustained in any situation covered by workers compensation, automobile insurance, homeowners<br />

insurance, liability insurance, uninsured/underinsured motorist insurance or any other first-party<br />

or third-party benefits <strong>of</strong> insurance. The Plan will have the right to recover the value <strong>of</strong> benefits<br />

paid from the covered person or the covered person’s representative or beneficiary through<br />

reimbursement. Further, the Plan will have the right to recover the actual amount <strong>of</strong> benefits paid<br />

from any responsible person or responsible entity (“responsible” being defined ad any person or<br />

entity who may be called upon to pay damages to the covered person or the covered person’s<br />

representative or beneficiary, whether through first-party or third-party insurance benefits),<br />

through assignment and/or subrogation.<br />

The plan will not bear any costs <strong>of</strong> suit or attorney’s fees incurred by the covered person, or the<br />

covered person’s representative or beneficiary.<br />

The covered person, or the covered person’s representative or beneficiary, will execute<br />

documents and do whatever is necessary for the plan to exercise its subrogation and assignment<br />

rights and will do nothing to limit, interfere or prejudice <strong>SummaCare</strong>’s rights. If the covered<br />

person, or the covered person’s representative or beneficiary, limits, interferes with or prejudices<br />

the plan’s right <strong>of</strong> recovery, it may result in termination <strong>of</strong> coverage.<br />

XIII. Continuation <strong>of</strong> <strong>SummaCare</strong> <strong>Coverage</strong><br />

A. Converting to an Individual Health Care <strong>Coverage</strong> Contract<br />

When your or your dependents’ <strong>SummaCare</strong> coverage ends under your employer’s group health<br />

care coverage contract with <strong>SummaCare</strong>, you may be eligible to obtain an individual standard or<br />

basic conversion health care contract by making direct payments to <strong>SummaCare</strong>. However,<br />

benefits under the individual health care conversion contract may differ from the coverage you<br />

now have through your group coverage.<br />

34


1. An individual health care conversion coverage contract is available to you if you terminate<br />

employment unless:<br />

2.<br />

a. Your termination <strong>of</strong> coverage was based on non-payment <strong>of</strong> Subscription Rates after<br />

reasonable notice in writing; or<br />

b. You are, or are eligible to be, covered for benefits that are at least comparable to your<br />

former employer’s group contract with <strong>SummaCare</strong> under:<br />

Medicare;<br />

Any state or federal law; or<br />

Any policy or insurance or hospitalization plan providing comparable<br />

benefits.<br />

3. Each <strong>of</strong> your covered dependents has the right to obtain an individual health care conversion<br />

coverage contract if the dependent’s group coverage ends for one <strong>of</strong> the following reasons:<br />

a. Your death;<br />

b. Your spouse ceases to be an eligible dependent, due to divorce or annulment <strong>of</strong> your<br />

marriage;<br />

c. Your covered dependent child reaches the limiting age; or<br />

d. Your covered dependent child reaches the limiting age, or ceases to be an eligible<br />

dependent for another reason, and you do not have the right to get an individual health<br />

care conversion contract at that time.<br />

A dependent child does not have the right to get an individual health care conversion coverage contract<br />

while your spouse has the right to cover that child under the spouse’s individual health care conversion<br />

coverage contract.<br />

The person who has the right to get the individual health care conversion coverage contract must apply for<br />

it and pay the required Subscription Rate to <strong>SummaCare</strong> within 31 days after the group health care<br />

coverage for that person ends. Evidence <strong>of</strong> good health is not required. For more information on a<br />

conversion contract, please call <strong>SummaCare</strong> Member Services at 330-996-8700 or 800-996-8701.<br />

When a valid application and payment are received by <strong>SummaCare</strong> as set forth above, the individual health<br />

care conversion contract will take effect on the day after the group health care coverage ends.<br />

B. Continued <strong>Coverage</strong> for Handicapped Dependent Children<br />

As long as your coverage is effective, coverage <strong>of</strong> an unmarried dependent child who is incapable <strong>of</strong> selfsupport<br />

because <strong>of</strong> mental disability or physical handicap will be continued beyond the specified limiting<br />

age if certain conditions are met:<br />

1. The child became incapacitated before reaching the limiting age, and has been continuously<br />

incapacitated since then;<br />

2. The child is and continuously has been primarily dependent upon you for support and maintenance;<br />

3. and <strong>SummaCare</strong> receives satisfactory pro<strong>of</strong> <strong>of</strong> such incapacity and dependency within 31 days <strong>of</strong> the child<br />

reaching the limiting age. Payment <strong>of</strong> the required Subscription Rates for the child must be continued<br />

by or through your employer. <strong>SummaCare</strong> may require satisfactory pro<strong>of</strong> <strong>of</strong> the child’s continued<br />

incapacity and dependency, including medical examinations at <strong>SummaCare</strong>’s expense. However, such<br />

pro<strong>of</strong> will be required at the time the child reaches the limiting age and no more frequently than<br />

annually thereafter.<br />

35


C. COBRA Continuation <strong>of</strong> <strong>Coverage</strong><br />

The Consolidated Omnibus Budget Reconciliation Act <strong>of</strong> 1985 (COBRA) requires that certain<br />

employers provide employees and their dependents with the opportunity to continue <strong>SummaCare</strong><br />

coverage under the employer’s group contract for a period <strong>of</strong> months after it would otherwise<br />

terminate, provided that the employee pays the full cost <strong>of</strong> such coverage. Contact your<br />

employer’s personnel or employee benefits <strong>of</strong>fice to determine if your employer <strong>of</strong>fers<br />

continuation coverage.<br />

If you or any <strong>of</strong> your dependents elect coverage under COBRA, each individual making the<br />

election will receive the medical coverage in effect for such individual when the coverage was<br />

otherwise scheduled to terminate. If you have any questions about COBRA continuation<br />

coverage, do not hesitate to contact your employer.<br />

The length <strong>of</strong> time COBRA coverage lasts depends on the reason coverage ended. You and your<br />

covered dependents have a right to choose COBRA continuation coverage for up to eighteen (18)<br />

months if you lose your group health coverage because <strong>of</strong> any <strong>of</strong> the following qualifying events:<br />

1. A reduction in your hours <strong>of</strong> employment; or<br />

2. The termination <strong>of</strong> your employment, for reasons other than gross misconduct on your part.<br />

If you or a dependent are disabled (as set forth in Title II or XVI <strong>of</strong> the Social Security Act) when<br />

coverage ends for any <strong>of</strong> these reasons, coverage may be continued for the disabled person for an<br />

additional 11 months, but only if the disabled person has notified the employer within 60 days<br />

after the determination <strong>of</strong> disability was made and prior to the end <strong>of</strong> the initial 18 month<br />

coverage period. This means a possible total continuation period <strong>of</strong> up to 29 months for the<br />

disabled person. When the additional 11 months <strong>of</strong> coverage begins, the cost <strong>of</strong> coverage for the<br />

disabled person increases to the amount permitted by law.<br />

COBRA regulations may change from time to time. The continuation <strong>of</strong> coverage will be<br />

provided in accordance with current law.<br />

In addition, your covered eligible dependent has the right to choose COBRA continuation<br />

coverage for up to 36 months if such dependent loses coverage under <strong>SummaCare</strong> because <strong>of</strong> any<br />

<strong>of</strong> the following qualifying events:<br />

1. Your death;<br />

2. Your divorce, legal separation or annulment <strong>of</strong> your marriage;<br />

3. You become covered under Medicare; or<br />

4. Your dependent ceases to meet <strong>SummaCare</strong>’s eligibility requirements.<br />

Generally, losing coverage under <strong>SummaCare</strong> as a result <strong>of</strong> a qualifying event entitles you and/or<br />

your spouse or dependent child to become a qualified beneficiary under COBRA.<br />

Under the law, a qualified beneficiary must notify the employer <strong>of</strong> the following qualifying<br />

events within 60 days <strong>of</strong> the qualifying event:<br />

1. Divorce or legal separation <strong>of</strong> employee and spouse; or<br />

2. A dependent child’s loss <strong>of</strong> eligibility.<br />

36


Also, a qualified beneficiary must notify the employer within 60 days <strong>of</strong> the Social Security<br />

determination that the qualified beneficiary was disabled at the time <strong>of</strong> the employee’s<br />

termination or reduction in hours.<br />

The employer must notify:<br />

1. Each covered employee and his or her spouse (if any) <strong>of</strong> their right to continue coverage<br />

when the <strong>SummaCare</strong> plan becomes subject to COBRA;<br />

2. Each new employee and his or her spouse (if any) <strong>of</strong> their COBRA rights when they become<br />

covered under the <strong>SummaCare</strong> plan; and<br />

3. Each qualified beneficiary <strong>of</strong> his or her COBRA rights within fourteen (14) days <strong>of</strong> having<br />

been informed <strong>of</strong> or having a record <strong>of</strong> a qualifying event.<br />

Each person who elects to continue coverage also must receive notice <strong>of</strong> any conversion privilege<br />

during the 180 days just prior to the end <strong>of</strong> the continuation period, allowing them to convert to<br />

an individual health care coverage contract.<br />

A qualified beneficiary may elect to continue coverage under the <strong>SummaCare</strong> plan up to 60 days<br />

after the later <strong>of</strong>:<br />

1. The date coverage under <strong>SummaCare</strong> would otherwise end; or<br />

2. The date notice <strong>of</strong> continuation rights is provided by the employer.<br />

Each qualified beneficiary may elect to continue any or all <strong>of</strong> the benefits for which they were<br />

enrolled at the time <strong>of</strong> the qualifying event. An employee or spouse may elect to cover all<br />

eligible qualified beneficiaries under one continuation enrollment.<br />

Contact your employer’s personnel or employee benefits <strong>of</strong>fice to determine the cost for your<br />

continuation <strong>of</strong> coverage and to elect continuation <strong>of</strong> coverage. A qualified beneficiary is<br />

required to make the payment in monthly installments (normally due on the first day <strong>of</strong> each<br />

month). Your employer may not require any payment that is retroactive to the date <strong>of</strong> the<br />

qualifying event until 45 days after the qualified beneficiary timely elects COBRA coverage.<br />

The amount <strong>of</strong> the payment may be adjusted once every 12 months. The cost will be determined<br />

in advance <strong>of</strong> the 12-month period.<br />

The law provides that the continuing coverage will end on the earliest date <strong>of</strong> the following<br />

events:<br />

1. 18 months after the date <strong>of</strong> the employee’s termination <strong>of</strong> employment or reduction in hours<br />

(an additional 18 months if another qualifying event occurs during such 18 month period),<br />

unless the Social Security Administration determines that a qualified beneficiary was disabled<br />

at the time <strong>of</strong> termination or reduction <strong>of</strong> hours and the qualified beneficiary so informs<br />

his/her employer (as described previously) before the end <strong>of</strong> the 18 month period. In this<br />

case, coverage may be extended (at an additional cost) until the month that begins more than<br />

30 days after the final determination by the Social Security Administration that the disability<br />

has ended, to a maximum <strong>of</strong> 29 months;<br />

37


2. 36 months after any other qualifying event, even in the event <strong>of</strong> multiple qualifying events;<br />

3. The employer no longer provides group health coverage to any <strong>of</strong> its employees;<br />

4. The qualified beneficiary does not pay for continuation coverage in a timely fashion;<br />

5. The qualified beneficiary becomes covered under another group health plan unless a preexisting<br />

condition clause in such plan affects the qualified beneficiary’s coverage; or<br />

6. The qualified beneficiary becomes covered under Medicare.<br />

D. Ohio Law<br />

1. Section 1751.53 <strong>of</strong> the Ohio Revised Code requires Ohio employers to provide involuntarily<br />

terminated employees the option to continue their group medical coverage for up to six<br />

months. Therefore, if you are affected by this law, you are eligible to continue <strong>SummaCare</strong><br />

coverage for you and your covered dependents for up to six months after termination,<br />

provided the Subscription Rates for such coverage are paid. You are eligible for this<br />

continuation <strong>of</strong> coverage if you meet all <strong>of</strong> the following requirements:<br />

a. You have been continuously covered by this <strong>SummaCare</strong> plan or any prior similar<br />

group coverage replaced by this <strong>SummaCare</strong> plan during the three month period before<br />

termination <strong>of</strong> your employment;<br />

b. You are entitled to unemployment benefits under Ohio law at the time <strong>of</strong> your<br />

employment termination;<br />

c. You are neither eligible for nor covered by Medicare; and<br />

d. You are neither eligible for nor covered by any other insured or uninsured arrangement<br />

that provides hospital, surgical, or medical coverage for individuals in a group.<br />

2. Section 1751.54 <strong>of</strong> the Ohio Revised Code requires Ohio employers to provide employees<br />

who are reservists called or ordered to active duty, and the covered dependents <strong>of</strong> any such<br />

reservists, the option to continue their group medical coverage for up to 18 months after the<br />

date on which the coverage would otherwise terminate because the reservist is called or<br />

ordered to active duty. Therefore, all covered persons who would be affected by this law are<br />

eligible to continue their group coverage under this <strong>SummaCare</strong> plan for up to 18 months,<br />

provided the Subscription Rates for such coverage are paid. <strong>Coverage</strong> may be continued for<br />

up to 36 months if any <strong>of</strong> the following events occur during the 18 month period:<br />

The death, divorce, or separation <strong>of</strong> the reservist; or<br />

The reservist’s covered dependent child ceases to meet the eligibility criteria set forth<br />

in Section II.B.<br />

You, your spouse and/or dependent child must file a written election <strong>of</strong> continuation <strong>of</strong> coverage<br />

with your employer and pay the first contribution required for the extension <strong>of</strong> coverage. The<br />

written election and payment must be received no later than 31 days after the date on which the<br />

coverage would otherwise terminate.<br />

38


You, your spouse and/or dependent child must pay to the employer, on a monthly basis and in<br />

advance, the amount <strong>of</strong> contribution required by the employer.<br />

XIV.<br />

Health Insurance Portability and Accountability Act (HIPAA)<br />

HIPAA imposes portability requirements on group health plan to ensure that employees remain<br />

insurable when moving from one health plan to another.<br />

Portability relates directly to pre-existing condition exclusionary periods (PCE) that benefit plans<br />

may impose on enrollees. The PCE periods are limited to a maximum <strong>of</strong> 12 months. An<br />

individual will receive credit for any time served under a previous pre-existing exclusionary<br />

period as he/she moves from plan to plan as long as there is not a lapse in coverage for more than<br />

63 days.<br />

A pre-existing condition is an ailment that has been treated or diagnosed within six months<br />

immediately preceding the start <strong>of</strong> coverage. Insurers may not consider pregnancy or the use <strong>of</strong><br />

genetic testing for imposing a PCE exclusionary period.<br />

Individuals who lose coverage under employer-provided health plans receive a certificate <strong>of</strong><br />

creditable coverage. This certificate will be provided either by your employer or <strong>SummaCare</strong><br />

depending upon arrangements agreed upon by your employer and <strong>SummaCare</strong>. Consult with<br />

your Human Resources Representative to determine where this responsibility lies. The<br />

<strong>Certificate</strong> will be automatically provided when normal coverage terminates under the plan and<br />

again when COBRA coverage terminates.<br />

XV.<br />

Definitions<br />

When used in this booklet or your Schedule <strong>of</strong> Benefits, the terms listed below will have these<br />

meanings:<br />

Accident<br />

A sudden, unforeseen event that causes trauma to the body.<br />

Annual Open Enrollment<br />

The annual period during which an eligible employee may enroll himself or herself and his or her<br />

eligible dependents in the <strong>SummaCare</strong> plan.<br />

Authorization<br />

A physician’s written order or referral for the provision <strong>of</strong> covered services obtained through<br />

<strong>SummaCare</strong>’s Health Services Management Program.<br />

Calendar Year<br />

A period <strong>of</strong> one year beginning January 1 and ending December 31.<br />

Contract Year<br />

The 12-month period beginning on the effective date or any renewal date <strong>of</strong> the contract between<br />

<strong>SummaCare</strong> and your employer.<br />

39


Coordination <strong>of</strong> Benefits<br />

The provision that applies when a person is covered under more than one group medical program. It<br />

requires that payment <strong>of</strong> benefits will be coordinated by all programs to eliminate over insurance or<br />

duplication <strong>of</strong> benefits.<br />

Copayment/Coinsurance<br />

The dollar amount and/or percentage <strong>of</strong> costs shown in the Schedule <strong>of</strong> Benefits that a covered person must<br />

pay directly to the physician, practitioner or other provider for certain covered services (in addition to<br />

Subscription Rates). Note: Copayments for services that are basic health care services will not exceed<br />

thirty percent <strong>of</strong> the total cost <strong>of</strong> the service, except for physician <strong>of</strong>fice visits, emergency health services<br />

and urgent care services. Also, copayments paid in a contract year will not exceed two hundred percent <strong>of</strong><br />

the total annual premium that is charged to the member.<br />

Covered Person<br />

An eligible person, who enrolls, becomes covered and remains covered under this plan, and continues to<br />

meet the plan’s eligibility requirements.<br />

Covered Services<br />

The healthcare services and items described in this booklet and updated in the Schedule <strong>of</strong> Benefits, for<br />

which <strong>SummaCare</strong> provides benefits to covered persons.<br />

Creditable <strong>Coverage</strong><br />

<strong>Coverage</strong> <strong>of</strong> the individual from a wide range <strong>of</strong> specified sources including group health plans, health<br />

insurance coverage, Medicare, Medicaid and COBRA.<br />

Custodial Care<br />

Care comprised <strong>of</strong> services and supplies, including room and board and other institutional services, that is<br />

provided to an individual, whether disabled or not, primarily to assist in the activities <strong>of</strong> daily living.<br />

Eligible Person<br />

The employee or the employee’s spouse or child who meets the eligibility requirements specified in<br />

Section II <strong>of</strong> this booklet.<br />

Emergency<br />

A medical condition that manifests itself by such acute symptoms <strong>of</strong> sufficient severity, including severe<br />

pain, that a prudent layperson with an average knowledge <strong>of</strong> health and medicine could reasonably expect<br />

the absence <strong>of</strong> immediate medical attention to result in any <strong>of</strong> the following: placing the health <strong>of</strong> the<br />

individual or the health <strong>of</strong> a pregnant women or her baby in serious jeopardy; serious impairment to bodily<br />

functions; or serious dysfunction <strong>of</strong> any bodily organ or part.<br />

Emergency Services<br />

Healthcare services which are available seven days per week, 24 hours per day in order to prevent jeopardy<br />

to a covered person’s health status (as defined under “Emergency”) which would occur if such services<br />

were not received as soon as possible including, where appropriate, ambulance transportation and<br />

indemnity payments for out <strong>of</strong> area coverage.<br />

Episode <strong>of</strong> Illness or Injury<br />

A period <strong>of</strong> consecutive days beginning with the first day (not included in a previous Episode <strong>of</strong><br />

Illness or Injury on which a member is furnished health care services for a single diagnosis and<br />

any conditions directly related to the diagnosis, and ending with the last day in which the member<br />

is furnished healthcare services related to that diagnosis and any condition directly related to that<br />

diagnosis.<br />

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Expense Incurred<br />

An expense is incurred when the service or the supply for which it is charged is actually<br />

provided.<br />

Family <strong>Coverage</strong><br />

<strong>Coverage</strong> for you and one or more <strong>of</strong> your eligible dependents.<br />

Federally Eligible Individual<br />

An individual who has 18 months <strong>of</strong> creditable coverage; the most recent coverage under an<br />

employer, church or government plan; the individual is not eligible for Medicare/Medicaid; the<br />

individual has accepted and exhausted all continuation <strong>of</strong> benefits options and new coverage was<br />

put into place within 63 days from the loss <strong>of</strong> coverage.<br />

Home Health Aid<br />

A person who provides care <strong>of</strong> a medical or therapeutic nature and reports to and is under the<br />

direct supervision <strong>of</strong> a Home Health Care Agency.<br />

Home Health Care Agency<br />

A public or private agency or organization, or part <strong>of</strong> one, that mainly provides skilled nursing<br />

and other therapeutic services. It must be legally qualified in the state or locality in which it<br />

operates. It must keep clinical records on all patients. The services must be supervised by a<br />

physician or registered nurse, and they must be based on policies set by associated pr<strong>of</strong>essionals,<br />

which include at least one physician and one registered nurse.<br />

Home Health Care Plan<br />

A plan for continued care and treatment <strong>of</strong> a covered person in his or her home. To qualify, the<br />

Plan must be established in writing by a participating physician who certifies that the covered<br />

person would require confinement in a hospital if he or she did not have the care and treatment<br />

stated in the plan. The Home Health Care Plan is subject to review and prior approval by the<br />

<strong>SummaCare</strong> Health Services Management Program.<br />

Hospice Care Agency<br />

An agency or organization that is properly licensed in the state in which it operates, has hospice<br />

care available 24 hours a day, 7 days a week and provides or arranges for hospice care services or<br />

supplies.<br />

Hospice Care Plan<br />

A plan that is supervised by a participating physician and involves a team consisting <strong>of</strong>:<br />

1. A participating physician who provides hospice care;<br />

2. Licensed nurses;<br />

3. A licensed mental health specialist; and<br />

4. A licensed social worker.<br />

The Hospice Care Plan must:<br />

1. Provide the patient’s plan <strong>of</strong> care;<br />

2. Provide regular reviews <strong>of</strong> the patient’s care;<br />

3. Inform the proper persons <strong>of</strong> any change in the patient’s condition; and<br />

4. Comply with governmental regulations.<br />

41


Hospice Facility<br />

A facility that is properly licensed in the state in which it operates and is engaged mainly in providing<br />

palliative care to terminally ill patients.<br />

Hospital<br />

An institution that:<br />

1. Provides medical care and treatment <strong>of</strong> sick and injured persons on an inpatient basis;<br />

2. Is properly licensed or permitted legally to operate as such;<br />

3. Has a physician on call at all times;<br />

4. Has licensed graduate registered nurses on duty twenty-four (24) hours a day;<br />

5. Maintains facilities for the diagnosis and treatment <strong>of</strong> illness and for major surgery; and<br />

6. Meets the required standards <strong>of</strong> the Joint Commission on Accreditation <strong>of</strong> Healthcare Organizations<br />

(JCAHO).<br />

In no event will the definition <strong>of</strong> hospital include an institution or any part <strong>of</strong> one that is a<br />

convalescent/extended care facility, or any institution, which is used primarily as:<br />

1. A rest facility;<br />

2. A nursing facility;<br />

3. A facility for the aged; or<br />

4. A place for custodial care.<br />

Health Delivery Organization<br />

An:<br />

1. Alcoholism or drug addiction treatment facility;<br />

2. Psychiatric hospital;<br />

3. Ambulatory surgical facility;<br />

4. Freestanding birth center; or<br />

5. Hospice facility - - provided that the facility is licensed in the state in which the facility operates and is<br />

operating within the scope <strong>of</strong> its license.<br />

Illness<br />

Any physical or mental sickness or disease that manifests treatable symptoms and that requires treatment <strong>of</strong><br />

a physician. This definition also includes pregnancy.<br />

Injury<br />

Any accidental bodily damage or harm sustained while the person is covered under the plan and that<br />

requires treatment by a physician.<br />

Maximum Allowable Charge<br />

The amount billed for covered services for which benefits are available under the contract.<br />

Medically Necessary<br />

A service or supply must be necessary and appropriate for the diagnosis and treatment <strong>of</strong> an illness or<br />

injury as determined by <strong>SummaCare</strong> based on generally accepted current medical practice.<br />

The fact that any particular physician, practitioner or other provider may prescribe, order, recommend or<br />

approve a service or supply does not, <strong>of</strong> itself, makes that service medically necessary.<br />

A service or supply will not be considered as medically necessary if:<br />

1. It is provided only as a convenience to the covered person;<br />

42


2. It is not appropriate treatment for the covered person’s diagnosis or symptoms;<br />

3. It exceeds (in scope, duration or intensity) that level <strong>of</strong> care that is needed to provide safe, adequate<br />

and appropriate diagnosis or treatment.<br />

Medicare<br />

Title VIII (Health Insurance <strong>of</strong> the Aged) <strong>of</strong> the United States Social Security Act, as amended.<br />

Outpatient<br />

A covered person will be considered to be an outpatient if treated on a basis other than as an inpatient in a<br />

hospital or other covered facility. Outpatient care includes services, supplies and medicines provided and<br />

used at a hospital or other covered facility under the direction <strong>of</strong> a physician to a person not admitted as an<br />

inpatient.<br />

Participating Physician, Practitioner or Other Provider<br />

Any physician, hospital, or other health services physician, practitioner or other provider who has a<br />

contract with <strong>SummaCare</strong> to provide covered services to covered persons.<br />

Physician<br />

A legally qualified person acting within the scope <strong>of</strong> his or her license and holding the degree <strong>of</strong> Doctor <strong>of</strong><br />

Medicine (M.D.) or Doctor <strong>of</strong> Osteopathy (D.O.).<br />

Plan<br />

The <strong>SummaCare</strong> plan <strong>of</strong> health benefits described in this booklet and the Schedule <strong>of</strong> Benefits.<br />

Practitioner<br />

Doctor <strong>of</strong> Dental Surgery (D.D.S.); Doctor <strong>of</strong> Podiatry (D.P.M.); Licensed Clinical Psychologist (Ph.D.);<br />

Certified Nurse Midwife (C.N.M.) acting within the scope <strong>of</strong> his or her license, under the direction and<br />

supervision <strong>of</strong> a licensed physician; Physician Assistant (P.A.); Licensed Social Worker (L.S.W.); or<br />

Licensed Physical Therapist (L.P.T.) or Licensed Speech Therapist (L.S.T.) acting within the scope <strong>of</strong> his<br />

or her license, and performing services ordered by a Doctor <strong>of</strong> Medicine or a Doctor <strong>of</strong> Osteopathy.<br />

Primary Care Physician<br />

The <strong>SummaCare</strong> participating family practice, internal medicine or pediatric physician you choose to be<br />

your personal physician or your dependent’s personal physician.<br />

Provider<br />

A person or organization responsible for furnishing health care services, including a hospital, skilled<br />

nursing facility, rehabilitation facility, ambulatory surgery center or physician.<br />

Reasonable and Customary Charges (R&C)<br />

Charges made for medical services or supplies will be considered reasonable and customary if they are the<br />

amount normally charged by the physician, practitioner or other provider for similar services and supplies,<br />

and do not exceed the amount ordinarily charged by most physician, practitioner or other providers <strong>of</strong><br />

comparable services and supplies in the locality where the services or supplies are received.<br />

Determination <strong>of</strong> whether or not a charge is reasonable and customary will be made by<br />

<strong>SummaCare</strong> based on nationally obtained and recognized survey data.<br />

Room and Board<br />

Charges made by a hospital or other covered institution for the cost <strong>of</strong> the room, general duty<br />

nursing care, and other services routinely provided to all inpatients, not including special care<br />

units.<br />

Semi-private Charge<br />

The charge made by a hospital for a room containing two or more beds not including the charge made by<br />

the hospital for special care units.<br />

43


Service Area<br />

The geographic area within which <strong>SummaCare</strong> arranges for the provision <strong>of</strong> covered services by<br />

participating physician, practitioner or other providers. The service area includes several counties located<br />

in northeastern Ohio.<br />

Schedule <strong>of</strong> Benefits<br />

A Schedule <strong>of</strong> Benefits insert included with this booklet provides information on the limits and maximums<br />

<strong>of</strong> the plan and copayment amounts that you must pay.<br />

Skilled Nursing Facility<br />

Any an institution, other than a hospital, which meets all <strong>of</strong> the following requirements:<br />

1. Maintains permanent and full-time facilities for bed care <strong>of</strong> ten or more resident patients;<br />

2. Has available at all times the services <strong>of</strong> a physician;<br />

3. Has a registered nurse (R.N.) or physician on full-time duty in charge <strong>of</strong> patient care, and one or more<br />

registered nurses (R.N.s) or licensed vocational nurses (LVNs), or licensed practical nurses (LPNs) on<br />

duty at all times;<br />

4. Maintains a daily medical record for each patient;<br />

5. Is primarily engaged in providing continuous skilled nursing care for sick or injured persons during<br />

the convalescent stage <strong>of</strong> their illness or injury;<br />

6. Is operating lawfully as a convalescent/extended care facility in the jurisdiction where it is located or<br />

meets the required standards <strong>of</strong> the Joint Commission on Accreditation <strong>of</strong> Healthcare Organizations;<br />

and<br />

7. Has a written agreement with at least one other hospital providing for the transfer <strong>of</strong> patients and<br />

medical information between the hospital and convalescent/extended care facility.<br />

In no event, however, will a convalescent/extended care facility include an institution, which is primarily:<br />

(a) a place for rest; (b) a place for the aged; (c) a place for drug addicts, alcoholics, the blind or deaf; (d) a<br />

place for the mentally ill or retarded; or (e) a hotel or similar place.<br />

Special Care Units<br />

A specific hospital unit that provides concentrated special equipment and highly skilled personnel for the<br />

care <strong>of</strong> critically ill patients requiring immediate, constant and continuous attention.<br />

This term will include charges for intensive care, coronary care and acute care units <strong>of</strong> a hospital but does<br />

not include care in a surgical recovery or post-operative room. The unit must meet the required standards<br />

<strong>of</strong> the Joint Commission on Accreditation on Healthcare Organizations (JCAHO) for special care units.<br />

Subrogation<br />

The procedure that an insurance company can recover from a third party full or part <strong>of</strong> benefits<br />

paid to an insured.<br />

Subscription Rate<br />

The monthly charge for the coverage provided by <strong>SummaCare</strong>.<br />

44


Waiting Period<br />

The period <strong>of</strong> time, if any, for which you must be continuously employed with the employer in an<br />

eligible employee class before you become eligible for coverage under the plan.<br />

You, Your<br />

A covered employee, or relating to a covered employee.<br />

45


OBLIGATIONS OF SUMMACARE AND PARTICIPATING PHYSICIAN, PRACTITIONER<br />

OR OTHER PROVIDERS<br />

In accordance with the agreement between <strong>SummaCare</strong> and its participating physicians,<br />

practitioners or other providers will not seek compensation from you for any <strong>of</strong> the covered<br />

services and supplies described in this booklet or your Schedule <strong>of</strong> Benefits except for approved<br />

copayments and/or coinsurance. <strong>SummaCare</strong> is not a member <strong>of</strong> a guaranty fund, and you are<br />

protected from physicians, practitioners or other providers seeking redress from you to the extent<br />

<strong>of</strong> the Hold Harmless Agreement below. You will be notified if a participating hospital’s or your<br />

PCP’s agreement with <strong>SummaCare</strong> ends. Notification will be mailed within 30 days <strong>of</strong> the<br />

termination if you have selected that PCP within the previous 12 months. A quarterly notice also<br />

will be mailed to you. You will continue to receive covered services and supplies as outlined in<br />

this booklet and the Schedule <strong>of</strong> Benefits between the date the hospital’s or your PCP’s<br />

agreement ends and 5 business days after notification is mailed to you at your last known address.<br />

You will also be notified by mail within 30 days if a <strong>SummaCare</strong> agreement with a hospital ends<br />

if you or a dependent have used the hospital directly within the 12 months preceding termination<br />

<strong>of</strong> the agreement. <strong>SummaCare</strong> will pay for covered services received between the date the<br />

hospital agreement ends and five business days after notification is mailed to you at your last<br />

known address.<br />

In the event that <strong>SummaCare</strong> is discontinued, we have arranged for all covered services and<br />

supplies described in this booklet and your Schedule <strong>of</strong> Benefits to be provided to you until the<br />

coverage would otherwise have ended under your employer’s group health contract. Such health<br />

care coverage may be provided through any one or more <strong>of</strong> the following methods: (a) insolvency<br />

insurance; (b) provisions in participating physician, practitioner or other provider agreements; (c)<br />

agreements with other organizations or insurers providing automatic conversion rights upon<br />

discontinuation <strong>of</strong> the plan; and/or (d) other arrangements approved by the Superintendent <strong>of</strong><br />

Insurance. For more information, call Member Services at 330-996-8700 or 800-996-8701.<br />

Hold Harmless Agreement<br />

<strong>SummaCare</strong> Health Plan agrees that in no event, including but not limited to, nonpayment by<br />

<strong>SummaCare</strong>, insolvency <strong>of</strong> <strong>SummaCare</strong>, or breach <strong>of</strong> this agreement, shall <strong>SummaCare</strong> bill,<br />

charge, collect a deposit from, seek remuneration or reimbursement from, or have any recourse<br />

against a subscriber, enrollee, person to whom health care services have been provided, or<br />

persons acting on behalf <strong>of</strong> the covered enrollee, for health care services provided pursuant to this<br />

agreement. This does not prohibit <strong>SummaCare</strong> from collecting co-insurance, deductibles or<br />

copayments as specifically provided in the Evidence <strong>of</strong> <strong>Coverage</strong>, or fees for uncovered health<br />

care services delivered on a fee-for-service basis to persons referenced above, nor from any<br />

recourse against <strong>SummaCare</strong> or its successor.<br />

FRAUD WARNING<br />

Any person who, with intent to defraud or knowing that he is facilitating a fraud against an<br />

insurer, submits an application or files a claim containing false or deceptive statements is guilty<br />

<strong>of</strong> insurance fraud. If you are found guilty <strong>of</strong> insurance fraud, you will be terminated from the<br />

plan.<br />

46


Important Phone Numbers<br />

<strong>SummaCare</strong> Member Services 330-996-8700<br />

800-996-8701<br />

<strong>SummaCare</strong> 24 Hour Nurse Line 800-379-5001<br />

47


www.summacare.com<br />

Akron Office<br />

P.O. Box 3620<br />

Akron, Ohio 44309-3620<br />

Phone: (330)996-8410<br />

Toll Free: (800)996-8411<br />

Fax: (330)996-8415<br />

Cleveland Office<br />

Genesis Building<br />

6000 Lombardo Center, Ste 130<br />

Cleveland, Ohio 44131<br />

Phone: (216)524-1400<br />

Toll Free: (888)246-2314<br />

Fax: (216)524-4300

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