Resolution No. 9277� v s
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
P&M
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 9277
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING A GROUP HOSPITAL AND PROFESSIONAL
SERVICE AGREEMENT WITH HEALTH NET OF CALIFORNIA,
INC. REGARDING THE CITY'S HMO HEALTH BENEFIT PLAN
WHEREAS, the City of Vernon has an agreement with Health Net
lof California, Inc. ("Health Net") for administering the City's HMO
Ilmedical insurance coverage; and
WHEREAS, on December 12, 2006, the Finance Committee
recommended that the renewal package for HMO medical insurance renewal
from Health Net for policy year January 1, 2007 to January 1, 2008
(the "Renewal") be approved, and on January 3, 2007, the City Council
of the City of Vernon approved the Renewal, authorized the Acting Risk
Manager to execute the Renewal Terms and Conditions and approved the
payment of premiums in accordance with the terms of the insurance
coverage; and
WHEREAS, Health Net has provided a Group Hospital and
Professional Service Agreement (the "Agreement") that incorporates the
terms and conditions of the Renewal; and
WHEREAS, Health Net does not require execution of the
Agreement as the payment of the premiums constitute the City's
acceptance of the terms and conditions of the Agreement; and
WHEREAS, the City Council desires to approve the Agreement
with Health Net to provide HMO health plan benefits.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
T t T
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Group Hospital and Professional Service Agreement with
Health Net, a copy of which is attached hereto as Exhibit A and made a
part hereof.
SECTION 3: The Acting. City Clerk of the City of Vernon
shall certify to the passage of this resolution, and thereupon and
thereafter the same shall.be in full force and effect.
APPROVED AND.ADOPTED this 19th day of March, 2007.
TEST:
M UELA GIRON, Acting City Clerk
,T
HILARIO GONZAL S, Mayor Pro-Tem
- 2 -
r
r
1
STATE OF CALIFORNIA
)
2
) ss
COUNTY OF LOS ANGELES
)
3
4
I, MANUELA GIRON,
Acting City Clerk of the City of Vernon, do
5
hereby certify that the
foregoing Resolution,
being Resolution No.
6
9277, was duly adopted
by the City Council of
the City of Vernon at a
7
regular meeting of the
City Council duly held
on Monday, March 19,
8
2007, and thereafter was
duly signed by the Mayor
Pro-Tem of the City
9
of Vernon.
10
11
ANUELA
GIRON, Acting City Clerk
12
13
(SEAL)
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
_ 3 _
EXHIBIT
"A&
t , I
RECEIVED
'07 MAR 14 A 1 :33
Group Hospitlli-[-y .-jr,r
K MANAGE 1�iLhdT
and Professional
Service Agreement
CLIENT
COPy
GROUP HOSPITAL AND PROFESSIONAL
SERVICE AGREEMENT
ISSUED BY
HEALTH NET OF CALIFORNIA, INC.
Health Net ° LOS ANGELES, CALIFORNIA
To the extent herein limited and defined, this Agreement provides for comprehensive health services provided
through Health Net of California, Inc. (Health Net), a federally qualified Health Maintenance Organization and a
California Health Care Service Plan.
Upon payment of subscription charges in the amount and manner provided for in this Agreement, Health Net
HEREBY AGREES
to furnish services and benefits as defined in this Agreement to eligible employees and their eligible Family Mem-
bers of:
Group Name: CITY OF VERNON
Group ID: 67694A, C, G, M
Coverage Code: OXVE
Plan Code: 32K
(herein called the "Group")
according to the terms and conditions of this Agreement. Payment of subscription charges by the Group in the
amount and manner provided for in the Agreement shall constitute the Group's acceptance of the terms and
conditions of the Agreement. This Health Net Group Service Agreement, the "Application for Group Service
Agreement," any Health Net Underwriting Assumptions provided to the Group and the enrollment forms of the
Group's eligible employees, inclusively shall constitute the entire agreement between the parties.
B. Curtis Westen
Secretary
HEALTH NET
Stephen D.Lynch
President
Section-1
TERM OF AGREEMENT
This Agreement becomes effective on January 1, 2007 at 12:00 a.m., Pacific Time and will remain in effect for a
term of twelve consecutive months, subject to the payment of subscription charges as required in Section 2. This
Agreement may be terminated by the Group with a 30-day written notice to Health Net. Health Net may terminate
or not renew this Agreement for good cause as set forth below with a 30-day written notice (see Section 2
regarding termination for nonpayment of subscription charges). If the terms of this Agreement are altered by the
consent of both parties, no resulting reduction in coverage will adversely affect a Member who is confined to a
Hospital at the time of such change.
Good cause for termination or not renewing this Agreement by Health Net shall include:
• Failure of the Group to pay any subscription charges when due;
• Failure of the Group to maintain minimum subscription charge contribution requirements as set forth in the
Application for Group Service Agreement;
• Failure of the Group to maintain at least 15 eligible employees enrolled with Health Net or with Health Net Life
to be determined annually, 60 days prior to Group's renewal date, with termination effective at the renewal
date;
• Knowing failure by the Group to abide by and enforce the conditions of enrollment of Subscribers as set forth
in the Eligibility, Enrollment and Termination Section of the Evidence of Coverage, the Application for Group
Service Agreement and any Health Net Underwriting Assumptions provided to the Group;
• Fraud or misrepresentation by submission to Health Net by the Group of materially incorrect or incomplete
information which is reasonably relied upon by Health Net in issuing or renewing this Agreement; or
• A material change in the nature of the Group's business.
Termination of this Agreement for good cause, other than for not paying subscription charges (see Section 2,
"Subscription Charges"), shall become effective with a 30-day written notice to the Group.
If this Agreement terminates under its own terms or is otherwise terminated by either Health Net or the Group, the
Group shall promptly mail or hand deliver to each covered Subscriber, a notice of cancellation of this Agreement.
The Group shall, upon request by Health Net, provide Health Net with a copy of the notification, a written state-
ment that the notice of cancellation was mailed or hand delivered to each Subscriber and the date of mailing or
hand delivery.
Members who are hospitalized on the date coverage under this Agreement ends, may be eligible for continuation
of coverage. See the "Conversion Privilege" and "Extension of Benefits" sections in the Evidence of Coverage
portion of this Agreement.
Section-2
SUBSCRIPTION CHARGES
The Group shall pay Health Net subscription charges as follows.
Such charges shall be calculated by Health Net from current records as to number of Members enrolled
Retroactive payment adjustments will be made in subsequent billings for any additions or terminations of Mem-
bers not currently'reflected in Health Net's records at the time of calculation of subscription charges. The Effective
Date of the addition or termination will be in accordance with rules established by Health Net for determining
Effective Dates of retroactive adjustments, but in no event will the Effective Date be more than 90 days prior to
the date of receipt of the written request by Health Net.
In order for a credit of subscription charges to be applied for terminated Members, Health Net must receive
notification as soon as possible following the date of the Member's ineligibility, but in no event later than 90 days
following such date. Health Net will credit a maximum of 90 days of subscription charges to the Group for ineligi-
ble Members.
When a Member is being retroactively terminated, the effective date of retroactive termination cannot be prior to
any date on which services or supplies were provided to the Member under this Agreement. In such instances,
the date of termination will be the first day of the calendar month following the month in which services or supplies
were last provided, and any applicable credit of subscription charges will be calculated from that date.
Only Members for whom payment is received by Health Net shall be eligible for services and benefits under this
Agreement and only for the period covered by such payment. If any covered Member is terminated by Health Net,
prepaid subscription charges received on the account of the terminated Member or Members applicable to
periods after the effective date of the termination will be credited back to the Group on the next following billing
statement, and neither Health Net nor any contracting Physician Group will have any further liability or responsibil-
ity under this Agreement to such terminated Member. Health Net will credit a maximum of 90 days of subscription
charges to the Group for terminated Members.
If the Group seeks to retroactively add Members, enrollment forms must be received by Health Net as soon as
possible following the Member's eligibility date, but in no event later than 90 days following such date. Health Net
will charge the Group retroactive subscription charges according to the Member's Effective Date, which will be in
accordance with rules established by Health Net for determining Effective Dates of retroactive adjustments, but in
no event will the Effective Date be more than 90 days prior to when Health Net receives the enrollment or mem-
bership change form.
MONTHLY CHARGES
Monthly Rates for 67694A
Individual Employee: 269.89
Employee and One Family Member: 580.28
Employee and Two or More Family Members: 796.21
Monthly Rates for 67694C
Individual COBRA Subscriber: 269.89
Subscriber and One Family Member: 580.28
Subscriber and Two or More Family Members: 796.21
Monthly Rates for 67694G
Individual Early Retiree: 269.89
Retiree and One Family Member: 580.28
Retiree and Two or More Family Members: 796.21
Monthly Rates for 67694M
Individual Medicare Retiree: 269.89
Retiree and One Family Member: 580.28
The first subscription charges must be paid to Health Net on or before the Effective Date of this Agreement. After
that, payment is due on the first of each month while the Agreement is in effect. If payment is not made by the due
date, Health Net will send the Group a Prospective Notice of Cancellation 15 days before any cancellation of
coverage. This Prospective Notice of Cancellation will provide the following information: (a) that Subscription
Charges have not been paid and that the Group Service Agreement will be canceled for non-payment if the
required subscription charges are not paid within 15 days from the date the Prospective Notice of Cancellation
was mailed; (b) the specific date and time when coverage for all Members will end if subscription charges are not
paid; and (c) how and when the Group can reinstate the Group Service Agreement.
If Health Net does not receive payment of the delinquent subscription charges from the Group within 15 days of
the date of mailing of the Prospective Notice of Cancellation, Health Net will cancel the Group Service Agreement
retroactively back to 12:00 midnight on the last day of the month for which subscription charges were paid, not to
exceed 60 days before the date Health Net mails the Group a Notice Confirming Termination of Coverage. The
Notice Confirming Termination of Coverage, will provide the Subscriber and the Group with the following informa-
tion: (1) that the Group Service Agreement has been canceled for non-payment of subscription charges; (2) the
specific date and time when your Group coverage ended; (3) to the Group only, how and when coverage may be
reinstated; (4) the Health Net telephone number Subscribers can call to obtain additional information, including
whether the Group obtained reinstatement of the Group Service Agreement; and (5) an explanation of the
Subscriber's options to purchase continuation coverage, (including coverage effective as of the retroactive
termination date so the Subscriber can avoid a break in coverage) including (a) the deadline by which the Sub-
scriber must elect to purchase such continuation coverage (which will be 63 days after the date Health Net mails
the Subscriber and the Group the Notice Confirming Termination of Coverage); (b) how to obtain the forms
necessary to purchase continuation coverage; and (c) referral to Health Net's website and the Department of
Managed Health Care's website for additional information relating to rates and regarding the Subscriber's rights to
continuation coverage.
Health Net will allow one reinstatement during any twelve-month period, without a change in subscription charges
because of such reinstatement, 9 the amounts owed are paid within 15 days of the date the Notice of Confirming
Termination of Coverage is mailed, including payment of a $100 reinstatement fee. If the Group does not obtain
reinstatement of the canceled Group Service Agreement within the required 15 days or if the Group Service
Agreement has been previously canceled and reinstated for non-payment of subscription charges within the last
twelve months, then Health Net is not required to reinstate the Group Service Agreement, and the Group will need
to reapply for coverage. In this case, Health Net may consider the medical conditions of the Group's employees in
determining whether to allow enrollment. Amounts received after the termination date will be refunded to the
Group by Health Net within 20 business days.
Except as described below, Health Net will not change the subscription charges, applicable Copayments, coin-
surance or Deductibles for the length of this Agreement, after (1) the Group has delivered notice of acceptance of
the Agreement, (2) the start of the Group's Open Enrollment Period or (3) subscription charges for the first month
of coverage commencing on the effective date of this Agreement are paid by the Group in the amount and
manner provided for in this Agreement.
Health Net may change the subscription charges, applicable Copayments, coinsurance and Deductibles under
the following circumstances:
• When such changes are authorized or required under this Agreement;
• When agreed to under a preliminary agreement which states that such agreement is subject to execution of a
formal agreement between the Group and Health Net; or
• When the terms of this Agreement are altered, in writing, by the consent of both parties.
Any changes to the subscription charges shall be made with at least a 30-day written notice to the Group prior to
the date of such change. Payment of any installment of subscription charges as altered shall constitute accep-
tance of this change.
If a governmental authority (1) imposes a tax or fee that is computed on subscription charges or (2) requires a
change in coverage or administrative practice that increases Health Net's risk, Health Net may amend this
Agreement and increase the subscription charges sufficiently to cover the tax, fee or risk. The effective date shall
be the date set forth in a written notice from Health Net to the Group. The effective date shall not be earlier than
the date the tax, fee or required change in coverage or administrative practice is imposed by the governmental
authority.
If this Agreement is terminated for any reason, the Group shall be liable for all subscription charges for any time
this Agreement is in force during a grace period and any notice period.
Section-3
GENERAL PROVISIONS
• FORM OR CONTENT OF AGREEMENT: No agent or employee of Health Net is authorized to change the
form or content of this Agreement. Any changes can be made only through an endorsement authorized and
signed by an officer of Health Net.
• ENTIRE AGREEMENT: This Agreement, the application of the Group, any Health Net Underwriting Assump-
tions provided to the Group, and the enrollment forms of the Group's eligible employees shall constitute the
entire Agreement between the parties.
• CONTINUATION OF SUBSCRIBER COVERAGE: Except as otherwise provided herein, Health Net shall not
have the right to cancel or terminate any individual Evidence of Coverage issued to any Subscriber while this
Agreement remains in force and effect, while said Subscriber remains in the eligible class of employees of the
Group, and while his or her subscription charges are paid in accordance with the terms of this Agreement.
• CHARTER NOT PART OF AGREEMENT: None of the terms or provisions of the charter, constitution or
bylaws of Health Net shall form a part of this Agreement or be used in the defense of any related suit, unless
the same is set forth in full in this Agreement.
• INTERPRETATION OF AGREEMENT: The laws of the State of California shall be applied to interpretations
of this Agreement. Where applicable, the interpretation of this Agreement shall be guided by the direct ser-
vice, group practice nature of Health Net's operations as opposed to a fee for service indemnity basis.
• RECORDKEEPING: The Group is responsible for keeping records relating to this Agreement. Health Net has
the right to inspect and audit those records.
• RELATIONSHIP OF PARTIES: Neither Health Net nor any of its employees are employees or agents of
Hospitals or the contracting Physician Groups.
• HOLD HARMLESS: Health Net agrees to indemnify and hold harmless Group and Members for any expense,
liability or claims for eligible services under this Agreement with the exception of any Copayment amounts
which may be required as indicated herein.
• MODIFICATIONS TO PLAN AND NOTICE OBLIGATIONS: If the plan is terminated or modified in accor-
dance with the terms and provisions of this Group Service Agreement, including a change or decrease in
benefits. Health Net will send notice of such modification or termination to the Group with at least 30 days
written notice. Except as required under Section 2 "Subscription Charges" above regarding termination for
non-payment, Health Net will not provide notice of such changes to plan Subscribers unless it is required to
do so by law. The Group may have obligations under state or federal law to provide notification of these
changes to plan Subscribers.
• NON-DISCRIMINATION: Health Net and the Group hereby agree that no person who is otherwise eligible for
coverage under this Agreement shall be refused enrollment nor shall their coverage be canceled solely be-
cause of race, color, national origin, ancestry, religion, sex, marital status, sexual orientation, age, health
status or physical or mental handicap.
• NOTICE OF CERTAIN EVENTS: Health Net will give the Group written notice, within a reasonable time, of
any termination or breach of contract, or inability to perform services, by any contracting Physician Group or
contracting provider, if the Group may be materially and adversely affected thereby.
Section-4
BINDING ARBITRATION
Sometimes disputes or disagreements may arise between Group or Members and Health Net regarding the
construction, interpretation, performance or breach of this Group Service Agreement or regarding other matters
relating to or arising out of this Agreement. Health Net uses binding arbitration as the final method for resolving all
such disputes, whether stated in tort, contract or otherwise, and whether or not other parties such as health care
providers, or their agents or employees, are also involved. In addition, disputes with Health Net involving alleged
professional liability or medical malpractice (that is, whether any medical services rendered were unnecessary or
unauthorized or were improperly, negligently or incompetently rendered) also must be submitted to binding
arbitration.
As a condition to contracting with Health Net, Group and Members agree to submit all disputes they may have
with Health Net to final and binding arbitration. Health Net also agrees to arbitrate all such disputes. This mutual
agreement to arbitrate disputes means that Group, Members and Health Net are bound to use binding arbitration
as the final means of resolving disputes that may arise between them, and thereby the parties agree to forego any
right they may have to a jury trial on such disputes. However, no remedies that otherwise would be available to
the parties in a court of law will be forfeited by virtue of this agreement to use and be bound by Health Net's
binding arbitration process. This agreement to arbitrate shall be enforced even if a party to the arbitration is also
involved in another action or proceeding with a third party arising out of the same matter.
Health Net's binding arbitration process is conducted by mutually acceptable arbitrator(s) selected by the parties
The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern arbitrations under this process. In the event that the
total amount of damages claimed is $200,000 or less, the parties shall, within 30 days of submission of the
demand for arbitration to Health Net, appoint a mutually acceptable single neutral arbitrator who shall hear and
decide the case and have no jurisdiction to award more than $200,000. In the event that total amount of damages
is over $200,000, the parties shall, within 30 days of submission of the demand for arbitration to Health Net,
appoint a mutually acceptable panel of three neutral arbitrators (unless the parties mutually agree to one arbitra-
tor), who shall hear and decide the case.
If the parties fail to reach an agreement during this time frame, then any party may apply to a Court of Competent
Jurisdiction for appointment of the arbitrator(s) to hear and decide the matter.
Arbitration can be initiated by submitting a demand for arbitration to Health Net at the address provided below.
The demand must have a clear statement of the facts, the relief sought and a dollar amount.
Health Net of California
Attention: Litigation Administrator
PO Box 4504
Woodland Hills, CA 91365-4505
The arbitrator is required to follow applicable state or federal law. The arbitrator may interpret this Group Service
Agreement, but will not have any power to change, modify or refuse to enforce any of its terms, nor will the
arbitrator have the authority to make any award that would not be available in a court of law. At the conclusion of
the arbitration, the arbitrator will issue a written opinion and award setting forth findings of fact and conclusions of
law and that the award will be final and binding on all parties except to the extent that State or Federal law provide
for judicial review of arbitration proceedings.
The parties will share equally the arbitrator's fees and expenses of administration involved in the arbitration. Each
party also will be responsible for their own attorneys' fees. In cases of extreme hardship to a Member, Health Net
may assume all or portion of a Member's share of the fees and expenses of the arbitration. Upon written notice by
the Member requesting a hardship application, Health Net will forward the request to an independent professional
dispute resolution organization for a determination. Such request for hardship should be submitted to the Litiga-
tion Administrator at the address provided above.
Effective July 1, 2002, Members who are enrolled in an employer's plan that is subject to ERISA, 29 U.S.C. §
1001 et seq., a federal law regulating benefit plans, are not required to submit disputes about certain "adverse
benefit determinations" made by Health Net to mandatory binding arbitration. Under ERISA, an "adverse benefit
determination" means a decision by Health Net to deny, reduce, terminate or not pay for all or a part of a benefit.
However, you and Health Net may voluntarily agree to arbitrate disputes about these "adverse benefit determina-
tions" at the time the dispute arises.
Section-5
COBRA AND CALIFORNIA-COBRA PROGRAM (CAL -COBRA)
CONTINUATION COVERAGE
Health Net recognizes that many Groups must comply with the continuation of group coverage requirements
under federal and California laws and regulations, which respectively are commonly referred to as "COBRA" and
"Cal -COBRA." Health Net acknowledges that Groups who are so affected cannot discharge their legal responsi-
bilities without Health Net's informed and willing participation in providing the required continuation coverage.
Health Net is, therefore, committed to the following:
A. Maintaining an awareness of the continuation coverage requirements of federal and state laws. This includes
federal requirements under the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health
Service Act, regulations which are issued by the Secretaries of federal agencies and state law requirements
under the California COBRA Program (Article 4.5 of the California Health and Safety Code and Article 1.7 of
the California Insurance Code).
B. Providing continuation coverage to Plan Members upon the request of a Group when such requests are
consistent with the Group's obligations under the law.
C. Sharing knowledge regarding COBRA and Cal -COBRA with Groups as they experience problems, but Health
Net will not give legal advice on these matters.
Section-6
CAL -COBRA OBLIGATIONS
California law requires health plans and insurers to offer individuals who began receiving federal COBRA cover-
age on or after January 1, 2003 and who have exhausted federal COBRA the opportunity to continue coverage
for a total of 36 months through a combination of COBRA and Cal -COBRA. When such an individual has elected
to continue coverage through CaVCOBRA, the Group must do the following:
A. Notify current Cal -COBRA qualified beneficiaries of Group's intent to terminate this Group Service Agree-
ment. If the Group intends to terminate this Group Service Agreement with Health Net and replace it with cov-
erage through another California HMO or disability (health) insurer, the Group must, at least 30 days prior to
the termination, inform all existing Cal -COBRA qual Pied beneficiaries of this action. The Group must also in-
form qualified beneficiaries that they have the ability to choose to continue coverage through the new plan for
the balance of the period that they could have continued coverage through the Health Net Plan. Health Net
will provide the employer the names and last known addresses of enrolled Cal -COBRA qualified beneficiaries.
B. Notify the successor plan of the qualified beneficiaries currently receiving Cal -COBRA coverage. The Group
must notify the successor plan in writing of the qualified beneficiaries currently receiving continuation cover-
age so that the successor plan, or contracting employer or administrator may provide those qualified benefici-
aries with the necessary information to allow the qualified beneficiary to continue coverage through the new
plan.
Section-7
COVERAGE FOR DOMESTIC PARTNERS
A Subscriber's Domestic Partner is eligible for coverage provided that the partnership meets the Group's domes-
tic partnership eligibility requirements. The Group's eligibility requirements must be compliant with California law.
The Domestic Partner and the dependent children of the Domestic Partner may enroll on the same basis as a
Subscriber's spouse and his or her children in accordance with the terms and conditions of this Agreement that
apply generally to the spouse of a Subscriber under the Plan.
Domestic Partners and their enrolled dependent children are eligible for California COBRA coverage on the same
basis as other enrollees. In addition, Health Net will provide federal COBRA -like coverage on the same basis to
the Domestic Partner and his or her unmarried dependent children as other COBRA qualified enrollees based on
the Group's eligibility rules. Determination of COBRA qualification for Domestic Partners and their children will be
based on agreements between Health Net and the Group.
Section-8
.COMPLIANCE WITH MEDICARE PART D REGULATIONS IN
ADMINISTRATION OF GROWS OUTPATIENT PRESCRIPTION DRUG PLAN
(PDP)
Where Group offers a qualified retiree prescription drug plan, Group and Health Net agree to the requirements set
forth in sections A and B below:
A. In accordance with section 186OD-22 ("Part D") of the Social Security Act (the "Act"), Health Net agrees that
Group may determine how much of a Member's Part D monthly beneficiary premium it will subsidize, subject
to the restrictions set forth below in (1) — (5).
1. Group can subsidize different amounts for different classes of Members in the Agreement's PDP provided
such classes are reasonable and based on objective business criteria, such as years of service, date of
retirement, business location, job category, and nature of compensation (e.g., salaried versus hourly). Dif-
ferent classes cannot be based on eligibility for the Low Income Subsidy as defined in 1860D-14 of the
Act.
2. Group cannot vary the premium subsidy for individuals within a given class of Members.
3. Group cannot charge a Member for prescription drug coverage provided under the Agreement more than
the sum of his or her monthly Medicare beneficiary premium attributable to basic prescription drug cover-
age and 100% of the monthly beneficiary premium attributable to his or her supplemental prescription
drug coverage (if any).
4. For all Members eligible for the Low Income Subsidy, the low income premium subsidy amount will first
be used to reduce the portion of the monthly beneficiary premium attributable to basic prescription drug
coverage paid by the Member, with any remaining portion of the premium subsidy amount then applied
toward the portion of the monthly beneficiary premium attributable to basic prescription drug coverage
paid by the Group.
5. If the low income premium subsidy amount for which a Member is eligible is less than the portion of the
monthly beneficiary premium paid by the Member, then the Group shall communicate to the Member the
financial consequences for the Member of enrolling in the Group's PDP as compared to enrolling in an-
other Part D plan with a monthly beneficiary premium equal to or below the low income premium subsidy
amount.
B. Group agrees to notify Members of the Group's intent to enroll them in Health Net's PDP and to provide them
with all of the information more fully described in the instructions set forth in Subchapter 30.1.6 (Group En-
rollment for Employer/Union Sponsored PDPs) of the Center for Medicare and Medicaid Services' PDP Guid-
ance for Eligibility, Enrollment and Disenrollment finalized August 29, 2005 and as summarized below.
1. Notify all Members that the Group intends to enroll Members in a PDP the Group is offering; and
2. Inform Members that they may affirmatively opt out of such enrollment; how to accomplish that; and any
consequences to Group benefits opting out would bring; and
3. Provide notice to Members not less than 30 calendar days prior to the effective date of the Members en-
rollment in the Group sponsored PDP; and
4. Provide Members a summary of benefits offered under the Group sponsored PDP, an explanation of how
to get more information about the PDP, and an explanation of how to contact Medicare for information on
other Part D options that might be available to the Member; and
5. Provide required enrollment disclosure information contained within the Centers for Medicare & Medicaid
Services (CMS) model enrollment form; and
6. Provide all the information required for Health Net to submit a complete enrollment request transaction to
CMS; and
7. Provide CMS with any information it has on other insurance coverage for the purpose of coordination of
benefits.
Section-9
PLAN BENEFITS AND EVIDENCE OF COVERAGE
Health Net will issue and deliver to each Subscriber an Evidence of Coverage which will set forth a statement of
services and benefits to which the Members are entitled and an Identification Card.
The benefits of this plan are set forth commencing on the next page of this Agreement, the language of which will
constitute the Evidence of Coverage.
About This Booklet
Please read the following information so you will know from whom or what group
of providers health care may be obtained.
Method of Provider Reimbursement
Health Net uses financial incentives and various risk sharing arrangements when
paying providers. You may request more information about our payment methods
by contacting the Member Services Department at the telephone number on your
Health Net ID Card, your Physician Group or your Primary Care Physician.
Summary of Plan
This Evidence of Coverage constitutes only a summary of the health Plan. The
health Plan contract must be consulted to determine the exact terms and condi-
tions of coverage.
Please read this Evidence of Coverage carefully.
01107 EOC ID. 150842
Use of Special Words
Special words used in this Evidence of Coverage (EOC) to explain your Plan have their first letter capitalized and
appear in "Definitions," Section 900.
The following words are used frequently:
• "You" refers to anyone in your family who is covered; that is, anyone who is eligible for coverage in this Plan
and who has been enrolled.
• "Employee" has the same meaning as the word "you" above.
• "We" or "Our" refers to Health Net.
• "Subscriber" means the primary covered person, generally an Employee of a Group.
• "Physician Group" or "Participating Physician Group (PPG)" means the medical group the individual Member
selected as the source of all covered medical care.
• "Primary Care Physician" is the individual Physician each Member selected who will provide or authorize all
covered medical care.
• "Group" is the business entity (usually an employer or Trust) that contracts with Health Net to provide this
coverage to you.
• "Plan" and "EOC" have similar meanings. You may think of these as meaning your Health Net benefits.
Table of Contents
INTRODUCTION TO HEALTH NET.......................................................................................................5
Howto Obtain Care..................................................................................................................................................5
Emergency and Urgently Needed Care.......................................................................................................................... 6
SCHEDULE OF BENEFITS AND COPAYMENTS.................................................................................9
OUT-OF-POCKET MAXIMUM.............................................................................................................is
ELIGIBILITY, ENROLLMENT AND TERMINATION............................................................................16
Who Is Eligible for Coverage.......................................................................................................................................16
How to Enroll for Coverage.........................................................................................................................................16
Special Reinstatement Rule For Reservists Returning From Active Duty..................................................................
20
Special Reinstatement Rule Under USERRA..............................................................................................................
20
Transferring to Another Contracting Physician Group..............................................................................................
20
When Coverage Ends...................................................................................................................................................21
Extension of Benefits
....................................................................................................................................................25
Conversion Privilege
....................................................................................................................................................
26
COVERED SERVICES AND SUPPLIES..............................................................................................28
Medical Services and Supplies.....................................................................................................................................28
Prescription Drugs....................................................................................................................................................... 35
Mental Disorders and Chemical Dependency.............................................................................................................. 40
EXCLUSIONS AND LIMITATIONS......................................................................................................43
Services and Supplies...................................................................................................................................................43
MedicalServices and Supplies..................................................................................................................................... 44
PrescriptionDrugs....................................................................................................................................................... 49
Mental Disorders and Chemical Dependency........................................................................................... .......... 51
GENERALPROVISIONS.....................................................................................................................54
Whenthe Plan Ends..................................................................................................................................................... 54
. . .
When the Plan Changes...............................................................................................................................................54
Member Services Department Interpreter Services.................................................................................................... 54
Grievance, Appeals, Independent Medical Review and Arbitration........................................................................... 54
Medical Malpractice Disputes...................................................................................................................................... 59
When A Third Party Causes A Member Injuries........................................................................................................ 59
Relationship of Parties................................................................................................................................................. 60
Coordination of Benefits.............................................................................................................................................. 61
Government Coverage................................................................................................................................................. 65
Workers' Compensation.............................................................................................................................................. 65
MISCELLANEOUSPROVISIONS........................................................................................................66
DEFINITIONS.......................................................................................................................................71
Section 100 Introduction to Health Net Page S
INTRODUCTION TO HEALTH NET
Section-100
Subsection -A
How to Obtain Care
When you enroll in this Plan, you must select a contracting Physician Group where you want to receive all of your
medical care. That Physician Group will provide or authorize all medical care.
Your Health Net ID Card shows your selected contracting Physician Group's name, address and telephone
number. Call them directly to make an appointment.
Some Hospitals and other providers do not provide one or more of the following ser-
vices that may be covered under your Evidence of Coverage and that you or your Fam-
ily Member might need: family planning; contraceptive services, including emergency
contraception; sterilization, including tubal ligation at the time of labor and delivery;
Infertility treatments; or abortion. You should obtain more information before you enroll.
Call your prospective doctor, medical group, independent practice association or clinic
or the Member Services Department at 1-800-522-0088 to ensure that you can obtain the
health care services that you need.
Transition of Care For New Enrollees
You may request continued care from a provider, including a Hospital, that does not contract with Health Net if, at
the time of enrollment with Health Net, you were receiving care from such a provider for any of the following
conditions:
• An Acute Condition;
• A Serious Chronic Condition not to exceed twelve months from your Effective Date of coverage under this
Plan;
• A pregnancy (including the duration of the pregnancy and immediate postpartum care);
• A newborn up to 36 months of age not to exceed of twelve months from your Effective Date of coverage
under this Plan;
• A Terminal Illness (for the duration of the Terminal Illness); or
• A surgery or other procedure that has been authorized by your prior health plan as part of a documented
course of treatment.
For definitions of Acute Condition, Serious Chronic Condition and Terminal Illness see "Definitions," Section 900.
Health Net may provide coverage for completion of services from such a provider, subject to applicable Copay-
ments and any exclusions and limitations of this Plan. You must request the coverage within 60 days of your
Group's effective date unless you can show that it was not reasonably possible to make the request within 60
days of your Group's effective date, and you make the request as soon as reasonably possible. The non-
participating provider must be willing to accept the same contract terms applicable to providers currently con-
tracted with Health Net, who are not capitated and who practice in the same or similar geographic region. If the
provider does not accept such terms, Health Net is not obligated to provide coverage with that provider.
If you would like more information on how to request continued care, or request a copy of our continuity of care
policy, please contact the Member Services Department at the telephone number on your Health Net ID Card.
Selecting a Contracting Physician Group
Family Members may select different contracting Physician Groups. However, each person must select a con-
tracting Physician Group close enough to his or her residence or place of work to allow reasonable access to
medical care. If you reside outside the Health Net Service Area, then you may enroll based on the Subscriber's
work address that is within the Health Net Service Area. Family Members who reside outside the Health Net
Page 6 Introduction to Health Net Section 100
Service Area may also enroll based on the Subscriber's work address that is within the Health Net Service Area.
If you choose a Physician Group based on its proximity to the Subscriber's work address, you will need to travel
to that Physician Group for any non -emergency or non -urgent care that you receive. Additionally, some Physician
Groups may decline to accept assignment of a Member whose home or work address is not close enough to the
Physician Group to allow reasonable access to care. Please call the Member Services Department at the number
shown on your Health Net ID Card if you need a provider directory or if you have questions involving reasonable
access to care. The provider directory is also available on the Health Net website at www.healthnet.com.
Selecting a Primary Care Physician
In addition to selecting a contracting Physician Group, you must choose a Primary Care Physician at the contract-
ing Physician Group. A Primary Care Physician provides and coordinates your medical care.
Specialists and Referral Care
Sometimes, you may need care that the Primary Care Physician cannot provide. At such times, you will be
referred to a Specialist or other health care provider for that care.
THE CONTINUED PARTICIPATION OF ANY ONE PHYSICIAN, HOSPITAL OR OTHER PROVIDER CANNOT
BE GUARANTEED.
THE FACT THAT A PHYSICIAN OR OTHER PROVIDER MAY PERFORM, PRESCRIBE, ORDER,
RECOMMEND OR APPROVE A SERVICE, SUPPLY OR HOSPITALIZATION DOES NOT, IN ITSELF, MAKE IT
MEDICALLY NECESSARY OR MAKE IT A COVERED SERVICE.
Standing Referral to Specialty Care
A standing referral is a referral to a participating Specialist for more than one visit without your Primary Care
Physician having to provide a specific referral for each visit. You may receive a standing referral to a Specialist if
your continuing care and recommended treatment plan is determined necessary by your Primary Care Physician,
in consultation with the Specialist, Health Net's Medical Director and you. The treatment plan may limit the
number of visits to the Specialist, the period of time that the visits are authorized or require that the Specialist
provide your Primary Care Physician with regular reports on the health care provided. Extended access to a
participating Specialist is available to Members who have a life threatening, degenerative or disabling condition
(for example, Members with HIV/AIDS). To request a standing referral ask your Primary Care Physician or
Specialist.
Changing Contracting Physician Groups
You may transfer to another contracting Physician Group, but only according to the conditions explained in the
"Transferring to Another Contracting Physician Group" portion of "Eligibility, Enrollment and Termination," Section
400.
Your Financial Responsibility
Your Physician Group will authorize and coordinate all your care, providing you with medical services or supplies.
You are financially responsible only for any required Copayment described in "Schedule of Benefits and Copay-
ments," Section 200.
However, you are completely financially responsible for medical care that the contracting Physician Group does
not provide or authorize except for Medically Necessary care provided in a legitimate emergency. You are also
financially responsible for care that this Plan does not cover.
Questions
Call the Member Services Department with questions about this Plan at the number shown on your Health Net ID
Card.
Subsection-B
Emergency and Urgently Needed Care
WHAT TO DO WHEN YOU NEED MEDICAL CARE IMMEDIATELY
In serious emergency situations: Call 911 or go to the nearest Hospital.
s I • ,
Section 100 Introduction to Health Net Page 7
If your situation is not so severe: Call your Primary Care Physician or Physician Group or, if
you cannot call them or you need medical care right away, go to the nearest medical center or
Hospital.
If you are unsure of whether an emergency medical condition exists, you may call your Physician
Group or Primary Care Physician for assistance.
Your Physician Group is available 24 hours a day, seven days a week, to respond to your phone calls regarding
medical care that you believe is needed immediately. They will evaluate your situation and give you directions
about where to go for the care you need.
Except in an emergency or other urgent medical circumstances, the covered services of this Plan must be
performed by your Physician Group or authorized by them to be performed by others. You may use other provid-
ers outside your Physician Group only when you are referred to them by your Physician Group.
Urgently Needed Care within a 30-mile radius of your Physician Group and all Non -Emergency Care must
be performed by your Physician Group or authorized by them in order to be covered. These services, if performed
by others outside your Physician Group, will not be covered unless they are authorized by your Physician Group.
Urgently Needed Care outside a 30-mile radius of your Physician Group and all Emergency Care (includ-
ing care outside of California) may be performed by your Physician Group or another provider when your
circumstances require it. Services by other providers will be covered if the facts demonstrate that you required
Emergency or Urgently Needed Care. Authorization is not mandatory to secure coverage. See "Definitions
Related to Emergency and Urgently Needed Care" section below for the definition of Urgently Needed Care.
It is critical that you contact your Physician Group as soon as you can after receiving emergency services from
others outside your Physician Group. Your Physician Group will evaluate your circumstances and make all
necessary arrangements to assume responsibility for your continuing care. They will also advise you about how to
obtain reimbursement for charges you may have paid.
Always present your Health Net ID Card to the health care provider regardless of where you are. It will help them
understand the type of coverage you have and they may be able to assist you in contacting your Physician Group.
After your medical problem (including Severe Mental Illness and Serious Emotional Disturbances of a Child) no
longer requires Urgently Needed Care or ceases to be an emergency and your condition is stable, any additional
care you receive is considered Follow -Up Care.
Follow -Up Care services must be performed or authorized by your Physician Group (medical) or the Behavioral
Health Administrator (Mental Disorders and Chemical Dependency) or it will not be covered.
Definitions Related To Emergency And Urgently Needed Care
The following terms are located in "Definitions," Section 900, but they are being repeated here for your conven-
ience.
Emergency Care is any otherwise covered service for an acute illness, a new injury or an unforeseen deteriora-
tion or complication of an existing illness, injury or condition already known to the person or, if a minor, to the
minor's parent or guardian that a reasonable person with an average knowledge of health and medicine would
seek if he or she was having serious symptoms (including symptoms of Severe Mental Illness and Serious
Emotional Disturbances of a Child) and believed that without immediate treatment, any of the following would
occur:
His or her health would be put in serious danger (and in the case of a pregnant woman, would put the health
of her unborn child in serious danger);
His or her bodily functions, organs or parts would become seriously damaged; or
His or her bodily organs or parts would seriously malfunction.
Emergency Care includes paramedic, ambulance, and ambulance transport services provided through the 911
emergency response system.
Emergency Care also includes treatment of severe Pain or active labor. Active labor means labor at the time that
either of the following would occur:
0 There is inadequate time to effect safe transfer to another Hospital prior to delivery; or
. • '
"e 8 Introduction to Health Net Section 100
• A transfer poses a threat to the health and safety of the Member or unborn child.
Emergency Care will also include additional screening, examination and evaluation by a Physician (or other
health care provider acting within the scope of his or her license) to determine if a psychiatric emergency medical
condition exists and the care and treatment necessary to relieve or eliminate such condition; within the capability
of the facility.
Health Net will make any final decisions about Emergency Care. See "Independent Medical Review of Grievances
Involving a Disputed Health Care Service" under "General Provisions" for the procedure to request Independent
Medical Review of a Plan denial of coverage for Emergency Care.
Urgently Needed Care is any otherwise covered medical service that a reasonable person with an average
knowledge of health and medicine would seek for treatment of an injury, unexpected illness or complication of an
existing condition, including pregnancy to prevent the serious deterioration of his or her health, but which does not
qualify as Emergency Care, as defined in this section. This may include services for which a person should
reasonably have known an emergency did not exist.
Subsection-C
Prescription Drugs
If you purchase a covered Prescription Drug for a medical Emergency or Urgently Needed Care from a Nonpar-
ticipating Pharmacy, this Plan will reimburse you for the retail cost of the drug less any required Copayment
shown in "Schedule of Benefits and Copayments," Section 200. You will have to pay for the Prescription Drug
when it is dispensed.
To be reimbursed, you must file a claim with Health Net. Call the Member Services Department at the telephone
number on your Health Net ID Card or visit our website at www.heafthnet.com to obtain claim forms and informa-
tion.
Note
The Prescription Drugs portion of "Exclusions and Limitations," Section 600 and the requirements of the Recom-
mended Drug List also apply when drugs are dispensed by a Nonparticipating Pharmacy.
Section 200 Schedule of Benefits and Copavments r Page 9
Section-200
SCHEDULE OF BENEFITS AND COPAYMENTS
The following schedule shows the Copayments that you must pay for this Plan's covered services and supplies.
Percentages shown below are based on amounts agreed to in advance by Health Net and the Member's Physi-
cian Group or other health care provider.
You must pay the stated Copayments when you receive the services.
There is a limit to the amount of Copayments you must pay in a Calendar Year. Refer to "Out -of -Pocket Maxi-
mum," Section 300, for more information.
Emergency or Urgently Needed Care in an Emergency Room or Urgent Care
Center
Copayment
Use of emergency room (facility and professional services)............................................................................ $100
Use of urgent care center (facility and professional services)............................................................................ $50
Copayment Exceptions
If you are admitted to a Hospital as an inpatient directly from the emergency room or urgent care center,
the emergency room or urgent care center Copayment will not apply.
If you receive care from an urgent care center owned and operated by your Physician Group, the urgent
care Copayment will not apply. (But a visit to one of its facilities will be considered an office visit, and
any Copayment required for office visits will apply.)
Office Visits
Copayment
(See "Non -Severe Mental Disorders and Chemical Dependency Benefits" in this section for the applicable
Copayments.)
Visit to Physician, Physician Assistant or Nurse Practitioner at a contracting Physician
Group........................................................................................................................................................
Visit to Physician, Physician Assistant or Nurse Practitioner at a contracting Physician
$20
Group for treatment of Severe Mental Illness or Serious Emotional Disturbances of a
Child......................................................................................
Specialistconsultation......................................................................................................................................
$20
Physician visit to Member's home (at the discretion of the Physician in accordance with
the rules and criteria established by Health Net).........................................................................................
$35
Periodichealth evaluation................................................................................................................................
Visionor hearing examination..........................................................................................................................
$20
$20
Note
Self -referrals are allowed for Obstetrician and Gynecological services. (Refer to "Obstetrician and Gynecologist
(OB/GYN) Self -Referral" portion of "Covered Services and Supplies," Section 500.)
Hospital Visits by Physician
Copayment
Physician visit to Hospital or Skilled Nursing Facility........................................................................................... $0
Page 10 Schedule of Benefits and Copavments Section 200
Allergy, Immunizations and Injections
Covavment
Allergytesting.................................................................................................................................................... $0
Allergyinjection services ..................... ............................................................................................................... $0
Allergyserum..................................................................................................................................................... $0
Immunizations for occupational purposes or foreign travel............................................................................... 20%
Otherimmunizations....................................................................................................................:..................... $0
Injectionsfor Infertility..................................................................................................................................... 50%
All other injections
Office based injectable medications (per dose)...........................°................................................................... $0
Self -injectable drugs........................................................................................
Note
Injections for Infertility are covered only when provided in connection with services which are covered by this
Plan. (Refer to "Conception by Medical Procedures," portion of 'Exclusions and Limitations," Section 600.)
Rehabilitation Therapy
Covavment
Physicaltherapy...........................•----........................---................................................------................................ $0
Occupationaltherapy......................................................................................................................................... $0
Speechtherapy.................................................................................................................................................. $0
Pulmonary rehabilitation therapy........................................................................................................................ $0
Cardiacrehabilitation therapy............................................................................................................................. $0
Note
These services will be covered when Medically Necessary.
Coverage for physical, occupational and speech rehabilitation therapy services is subject to certain limitations as
described under the heading "Rehabilitation Therapy" of "Exclusions and Limitations," Section 600.
Care for Conditions of Pregnancy
Covavment
Prenatal or postnatal office visit.........................................................
•---•--•.............
.................................. $20
Newborn care office visit (birth through 30 days)..........................................................................................:... $20
Physician visit to the mother or newborn at a Hospital........................................................................................ $0
Normal delivery, including cesarean section..............................................................................:........................ $0
Complications of pregnancy, including Medically Necessary abortions............................................................... $0
Electiveabortion.......................•----•--•--.....................----------•---........--•---...---..............-•----............................... $150
Genetictesting of fetus ....................................................................................................................................... $0
Circumcision of newborn (birth through 30 days)................................................................................................ $0
Note
The above Copayments apply to professional services only. Services that are rendered in a Hospital are also
subject to the Hospital services Copayment. Look under "Inpatient Hospital Services" and "Outpatient Hospital
Services" headings to determine any additional Copayments that may apply.
Family Planning
Covavment
Infertility services (all covered services that diagnose, evaluate or treat Infertility) ............................................ 50%
Sterilizationof female.......................•-•-------.....................--•---------•----.........----.........----.....................---.........._. $150
Sterilizationof male.......................................................................................................................................... $50
Injectable contraceptives (including but not limited to Depo Provera).................................................................. $0
Note
If one partner does not have Health Net coverage, Infertility services are covered only for the Health Net Mem-
ber.
Section 200 Schedule of Benefits and Copayments Page 11
Other Professional Services
Copayment
Surgery.............................................................................................................................................................. $0
Assistanceat surgery ......................................................................................................................................... $0
Administrationof anesthetics.............................................................................................................................. $0
Chemotherapy................................................................................................................................................... $0
Laboratory and diagnostic imaging (including x-ray) services.............................................................................. $0
Medicalsocial services....................................................................................................................................... $0
Patienteducation............................................................................................................................................... $0
Nuclear medicine (use of radioactive materials).................................................................................................. $0
Renaldialysis..................................................................................................................................................... $0
Organ, tissue, or bone marrow transplants......................................................................................................... $0
Note
Surgery includes surgical reconstruction of a breast incident to a mastectomy, including surgery to restore sym-
metry; also includes prosthesis and treatment of physical complications at all stages of mastectomy, including
lymphedema.
Medical Supplies
Copayment
Durable Medical Equipment, nebulizers including face masks and tubing and orthotics
(such as bracing, supports and casts).......................................................................................................... $0
Diabeticequipment............................................................................................................................................ $0
Prostheses(internal or external)......................................................................................................................... $0
Bloodor blood products..................................................................................................................................... $0
Notes
Diabetic equipment and orthotics which are covered under the medical benefit include blood glucose monitors,
insulin pumps and corrective footwear. Please see "Diabetic Equipment" in "Covered Services and Supplies,"
Section 500.
Home Health Care Services
Copayment
Comments are required for home health visits on and after the 31St calendar day of the
treatmentplan................................................................................. $20
Hospice Services
Copatrment
Hospicecare...................................................................................................................................................... $0
Ambulance Services
- Copavment
Groundambulance............................................................................................................................................. $0
Airambulance.................................................................................................................................................... $0
Pia e 12 Schedule of Benefits and Copayments Section 200
Inpatient Hospital Services
Copayment
(See "Non -Severe Mental Disorders and Chemical Dependency Benefits" in this section for the applicable
Copayments.)
Room and board in a semi -private room or special care unit including ancillary (addi-
tional) services............................................................................................................................................. $0
Room and board in a semi -private room or special care unit including ancillary (addi-
tional) services for treatment of Severe Mental Illness or Serious Emotional Distur-
bancesof a Child......................................................................................................................................... $0
Exception
The Copayment for a Hospital confinement for Infertility services is 50%.
Outpatient Hospital Services
Copayment
Outpatient facility services (other than surgery)................................................................. ............................... $0
Outpatient surgery (surgery performed in a Hospital or Outpatient Surgical Center only) .................................... $0
Note
Other professional services performed in the outpatient department of a Hospital, such as a visit to a Physician
(office visit), laboratory and x-ray services, physical therapy, etc., are subject to the same Copayment which is
required when these services are performed at your Physician's office.
Look under the headings for the various services such as office visits, neuromuscular rehabilitation and other
professional services to determine any additional Copayments that may apply.
Diagnostic endoscopic procedures, such as diagnostic colonoscopy, performed in an outpatient facility require the
Copayment applicable for outpatient facility services. If, during the course of a diagnostic endoscopic procedure
performed in a Hospital or Outpatient Surgical Center, a therapeutic (surgical) procedure is performed, then the
Copayment applicable for outpatient surgery will be required instead of the Copayment for outpatient facility
services.
Use of a Hospital emergency room appears in the first item at the beginning of this section.
Skilled Nursing Facility Services
Copayment
Room and board in a semi -private room with ancillary (additional) services........................................................ $0
Limitation
Skilled Nursing Facility services are covered for up to a maximum of 100 days a Calendar Year for each Member.
Prescription Drugs
CopaVment
Retail Pharmacy (up to a 30 day supply)
Level I Drugs (primarily generic) when listed in the Health Net Recommended Drug List .................................. $15
Level II Drugs (primarily brand), peak flow meters, inhaler spacers, insulin and diabetic
supplies when listed in the Health Net Recommended Drug List................................................................. $30
Level III Drugs (or Drugs not listed in the Health Net Recommended Drug List) ................................................ $50
Lancets... ........................................................................................................................................................... $0
Smokingcessation drugs................................................................................................................................ 50%
AppetiteSuppressants.................................................................................................................................... 50%
OralInfertility drugs......................................................................................................................................... 50%
Contraceptive devices (including diaphragms and cervical caps)...................................................................... $30
.)' non 200 Schedule of Benefits and (opavments Page 13
Maintenance Drugs through the Mail Order Program (up to a 90 day supply)
Level I Drugs (primarily generic) when listed in the Recommended Drug List ................................................... $30
Level II Drugs (primarily brand), insulin and diabetic supplies when listed in the Recom-
mendedDrug List ......................................................................................................................... $60
Level III Drugs (or Drugs not listed in the Recommended DrugList) ).............................................................. $100
Lancets.............................................................................................................................................................. $0
Notes:
You will be charged a Copayment or Coinsurance for each Prescription Drug Order.
Your financial responsibility for covered Prescription Drugs varies by the type of drug dispensed. For a complete
description of Prescription Drug benefits, exclusions and limitations, please refer to "Prescription Drugs" portion
of "Covered Services and Supplies," Section 500 and "Exclusions and Limitations," Section 600.
Copayment Exceptions:
If the pharmacy's usual and customary charge is less than the applicable Copayment, you will only pay the phar-
macy's usual and customary charge.
Generic Drugs will be dispensed when a Generic Drug equivalent is available, unless the Prescription Drug Order
states "do not substitute," "dispense as written," or words of similar meaning in the Physician's handwriting, in
which case the specified drug will be dispensed. However, when a Generic Drug equivalent is available and a
Brand Name Drug is dispensed, you must pay the following:
The Level I Drug Copayment, plus
The difference between the cost of the Generic Drug and the Brand Name Drug.
However, if the Prescription Drug Order states "do not substitute," "dispense as written," or words of similar
meaning in the Physician's handwriting, only the Level II or Level III Drug Copayment, as appropriate, will be
applicable.
Prior Authorization requirements and related Copayment exceptions are described in "Prescription Drugs" portion
of "Covered Services and Supplies," Section 500.
Drugs with a percentage Copayment will have a Copayment maximum of $100 for each prescription filled at a
retail pharmacy and a Copayment maximum of $300 for each prescription filled through the Mail Order program.
Percentage Copayments will be based on Health Net's contracted pharmacy rate.
Mail Order:
Up to a 90-consecutive-calendar-day supply of covered Maintenance Drugs will be dispensed at the applicable
mail order Copayment or Coinsurance. However, when the retail Copayment is a percentage, the mail order
Copayment is the same percentage of the cost to Health Net as the retail Copayment.
Diabetic Supplies:
Diabetic supplies (blood glucose testing strips, lancets, disposable needles and syringes) are packaged in 50, 100
or 200 unit packages. Packages cannot be "broken" (i.e., opened in order to dispense the product in quantities
other than those packaged).
When a prescription is dispensed, you will receive the size of package or number of packages required for you to
test the number of times your Physician has prescribed for up to a 30-day period.
Smoking Cessation Drugs:
Drugs prescribed for smoking cessation are covered up to a twelve -week course of therapy per Calendar Year if
you are concurrently enrolled in a comprehensive smoking cessation behavioral support program. The prescribing
Physician must request Prior Authorization for coverage. For information regarding smoking cessation behavioral
support programs available through Health Net, contact Member Services at the telephone number on your Health
Net ID Card or visit the Health Net website at www.healthnet.com.
Page 14 Schedule of Benefits and Copayments Section 200
Non -Severe Mental Disorders and Chemical Dependency Benefits
Professional Services Copayment
Office visit for Non -Severe Mental Disorders (20 visit maximum each Calendar Year) ......................................
$20
Office visit for Chemical Dependency (20 visit maximum each Calendar Year) .................................................
$20
Outpatient group therapy sessions for Non -Severe Mental Disorders...............................................................
$10
Outpatient group therapy sessions for Chemical Dependency..........................................................................
$10
Physicianinpatient visit......................................................................................................................................
$0
Note
Each group therapy session counts as one half of a private office visit for each Member participating in the ses-
sion. In addition, each group therapy session requires only one half of a private office visit Copayment.
Facility Services Copayment
Inpatient Hospital Services for Non -Severe Mental Disorders (30 day maximum each
CalendarYear).............................................................................................................................................
$0
Residential Chemical Dependency program (30 day maximum each Calendar Year) ..........................................
$0
Detoxification.....................................................................................................................................................
$0
Outpatient Hospital Services for Non -Severe Mental Disorders.........................................................................
$20
Outpatient Hospital Services for Chemical Dependency...................................................................................
$20
Exceptions
If two or more Members in the same family attend the same outpatient treatment session, only one Copayment
will be applied.
The Mental Disorder Copayments and day or visit limits will not apply for Severe Mental Illness or Serious
Emotional Disturbances of a Child. Services for these mental conditions, as defined in "Definitions," Section 900,
require whatever Copayment would be required if the services were provided for a medical condition. Look under
the headings for the various services such as office visits, outpatient services and inpatient Hospital services to
determine the applicable Copayment. All other Mental Disorders will be subject to the Copayments and limits
shown above.
Limitations
Outpatient visits and inpatient day maximums are combined for non -Severe Mental Illnesses and for Chemical
Dependency.
Section 300 Out -Of -Pocket Maximum Pam
Section-300
OUT-OF-POCKET MAXIMUM
The Out -of -Pocket Maximum (OOPM) amounts below are the maximum amounts you must pay for covered
services during a particular Calendar Year, except as described in "Exceptions to OOPM" below.
Once the total amount of all Copayments you pay for covered services under this Evidence of Coverage in any
one Calendar Year equals "Out -of -Pocket Maximum" amount, no payment for covered services and benefits may
be imposed on any Member, except as described in "Exceptions to OOPM" below.
The OOPM amounts for this Plan are:
One Member ...................................... $1500
Two Members .................................... $3000
Family (three or more Members)........ $4500
Exceptions to OOPM
Your payments for services or supplies that this Plan does not cover will not be applied to the OOPM
amount.
The following Copayments or expenses paid by you for covered services or supplies under this Plan will
not be applied to the OOPM amount:
• Copayments made for Prescription Drug benefits. However, Copayments for peak flow meters and inhaler
spacers used for the treatment of asthma and diabetic supplies dispensed through a Participating Phar-
macy will be applied to the OOPM amount. Copayments for self -injectable drugs, which are covered under
the medical benefit, will also be applied to the OOPM amount.
You are required to continue to pay these Copayments listed by the bullets above after the OOPM has
been reached.
How the OOPM Works
Keep a record of your payment for covered medical services and supplies. When the total in a Calendar Year
reaches the OOPM amount shown above, contact the Member Services Department at the telephone number
shown on your Health Net ID Card for instructions.
• If an individual Member pays amounts for covered services in a Calendar Year that equal the OOPM amount
shown above for an individual Member, no further payment is required for that Member for the remainder of
the Calendar Year.
• Once an individual Member in a Family satisfies the individual OOPM, the remaining enrolled Family Mem-
bers must continue to pay the Copayments until either (a) the aggregate of such Copayments paid by the
Family reaches the Family OOPM or (b) each enrolled Family Member individually satisfies the individual
OOPM.
• If amounts for covered services paid for all enrolled Members equal the OOPM amount shown for a family, no
further payment is required from any enrolled Member of that family for the remainder of the Calendar Year
for those services.
• Only amounts that are applied to the individual Member's OOPM amount may be applied to the family's
OOPM amount. Any amount you pay for covered services for yourself that would otherwise apply to your indi-
vidual OOPM but exceeds the above stated OOPM amount for one Member will be refunded to you by Health
Net, and will not apply toward your family's OOPM. Individual Members cannot contribute more than their in-
dividual OOPM amount to the Family OOPM.
You must notify Health Net when the OOPM amount has been reached. Please keep a copy of all receipts and canceled
checks for payments for Covered Services as proof of Copayments made.
Page 16 EZ. ibility, Enrollment and Termination Section 400
Section-400
ELIGIBILITY, ENROLLMENT AND TERMINATION
Subsection -A
Who Is Eligible for Coverage
The covered services and supplies of this Plan are available to the following people as long as they live in the
continental United States, either work or live in the Health Net Service Area and meet any additional eligibility
requirements of the Group:
• Subscriber: The principal Member (employee).
• Spouse: The Subscriber's lawful spouse as defined by California law. (The term "spouse" also includes the
Subscriber's Domestic Partner as defined in "Definitions," Section 900.)
• Children: The unmarried dependent children of the Subscriber or his or her spouse (including legally adopted
children and stepchildren).
• Wards: Children for whom the Subscriber or his or her spouse is a court -appointed guardian.
Children of the Subscriber or spouse who are the subject of a Medical Child Support Order, according to state or
federal law, are eligible even if they live outside the Health Net Service Area.
Age Limit for Children
Each unmarried child is eligible until the age of 19.
Eligibility continues until age 24 for a child who remains unmarried and who is enrolled as a full-time student and
attends a certified school.
A child loses eligibility if he or she marries or ceases to be a full-time student after age 19.
A full-time student is one taking at least nine semester units (or equivalent hours) in a qualified college, university
or vocational school, as determined by Health Net.
Disabled Child
A child who reaches the age limit shown above is eligible to continue coverage if all of the following conditions
apply:
• The child cannot hold a full-time job because of a mental or physical disability that began before the child
reached the age limit; and
• The child has remained continuously dependent on the Subscriber for at least 50% of his or her economic
support since he or she became disabled.
If you are enrolling a disabled child for new coverage, you must provide Health Net with proof of incapacity and
dependency within 30 days of the date you apply for the child's coverage. The child must have been continuously
covered as a dependent of the Subscriber or spouse under a previous group health plan at the time the child
reached the age limit.
If you are continuing coverage for a disabled child, you must provide Health Net with proof of incapacity and
dependency within 30 days of the date the child reaches the age limit.
You must provide the proof of incapacity and dependency at no cost to Health Net.
A disabled child may remain covered by this Plan for as long as he or she remains incapacitated and continues to
meet the eligibility criteria described above.
Subsection-B
How to Enroll for Coverage
Notify the Group that you want to enroll an eligible person. The Group will send the request to Health Net accord-
ing to current procedures.
Section 400 Eheibility, Enrollment and Termination Poe 17
Employee
Eligible employees must enroll within 30 days of the date they first become eligible for this Plan. Eligible Family
Members may also be enrolled at this time (see "Who Is Eligible for Coverage" above in this section).
If enrollment of the eligible employee or eligible Family Members does not occur within this time period, enroll-
ment may be carried out as stated below in the "Late Enrollment Rule" provision of this section.
The employee may enroll on the earlier of the following dates:
• When the Plan takes effect, if the employee is eligible on that date.
• When any waiting or probationary period required by the Group has been completed.
Eligible employees who enroll in this Plan are called Subscribers.
Newly Acquired Dependents
You are entitled to enroll newly acquired dependents as follows:
Spouse: If you are the Subscriber and you marry while you are covered by this Plan, you may enroll your new
spouse (and your spouse's eligible children) within 30 days of the date of marriage. Coverage begins either on the
date of marriage or on the first day of the calendar month following the date of marriage, according to the rules
established by your Group.
Domestic Partner: If you are the Subscriber and you enter into a domestic partnership while you are covered by
this Plan, you may enroll your new Domestic Partner (and his or her eligible children) within 30 days of the date a
Declaration of Domestic Partnership is filed with the Secretary of State or other recognized state or local agency,
or within 30 days of the formation of the domestic partnership according to your Group's eligibility rules.
Coverage begins either on the date the Domestic Partnership is filed or formed, or on the first day of the calendar
month following the date the Domestic Partnership is filed or formed depending on your Group's eligibility rules.
Newborn Child: A child newly born to the Subscriber or his or her spouse is automatically covered from the
moment of birth through the 30th day of life. In order for coverage to continue beyond the 3dh day of life, you must
enroll the child by the 3dh day.
If the mother is the Subscriber's spouse and an enrolled Member, the child will be assigned to the mother's
Physician Group. If the mother is not enrolled, the child will be automatically assigned to the Subscriber's Physi-
cian Group. If you want to choose another contracting Physician Group for that child, the transfer will take effect
only as stated in "Transferring to Another Contracting Physician Group" portion of this section.
Adopted Child: A newly adopted child or a child who is being adopted, becomes eligible on the date the birth
parent or appropriate legal authority grants the Subscriber or his or her spouse, in writing, the right to control the
child's health care.
Coverage begins automatically and will continue for 30 days from the date of eligibility. The child will be assigned
to the Subscriber's Physician Group. You must enroll the child before the 3dh day for coverage to continue
beyond the first 30 days. If you want to choose another contracting Physician Group for that child, the transfer will
take effect only as stated in "Transferring to Another Contracting Physician Group" portion of this section.
Health Net will require written proof of the right to control the child's health care when you enroll him or her.
Legal Ward (Guardianship): If the Subscriber or spouse becomes the legal guardian of a child, the child is
eligible to enroll on the Effective Date of the court order, but coverage is not automatic. The child must be enrolled
within 30 days of the Effective Date of the guardianship. Coverage will begin on the first day of the month after
Health Net receives the enrollment request.
Health Net will require proof that the Subscriber or spouse is the court -appointed legal guardian.
In Hospital at Time of Enrollment
If you are confined in a Hospital or Skilled Nursing Facility on the Effective Date of coverage, this Plan will cover
the remainder of that confinement only if you inform the Member Services Department at the time of your enroll-
ment about the confinement.
Health Net and your selected Physician Group will consult with your attending Physician and may transfer you to
a participating facility when medically appropriate.
Page 18 Eligibility, Enrollment and Termination Section 400
Late Enrollment Rule
Health Net's late enrollment rule requires that if an individual does not enroll within 30 days of becoming eligible
for coverage, he or she must wait until the next Open Enrollment Period to enroll. (Time limits for enrolling are
explained in the "Employee" or "Newly Acquired Dependents" provisions above.)
The term "form" within this section may include electronic enrollment forms or enrollment over the phone. Elec-
tronic enrollment forms or phone enrollments are deemed signed when you use your employer's enrollment
system to make or confirm changes to your benefit enrollment.
You may have decided not to enroll upon first becoming eligible. At that time, your employer should have given
you a form to review and sign. It would have contained information to let you know that there are circumstances
when you will not be considered a late enrollee.
If you later change your mind and decide to enroll, Health Net can impose its late enrollment rule. This means that
individuals identified on the form you signed will not be allowed to enroll before the next Open Enrollment Period.
However, there are exceptions to this rule.
Exceptions to Late Enrollment Rule
If any of the circumstances below are true, the late enrollment rule will not apply to you.
1. You Did Not Receive a Form to Sign or a Signed Form Cannot Be Produced
If you chose not to enroll when you were first eligible, the late enrollment rule will not apply to you if:
• You never received from your employer or signed, a form explaining the consequences of your decision;
or
• The signed form exists, but cannot be produced as evidence of your informed decision.
2. You Do Not Enroll Because of Other Coverage and Later the Other Coverage Is Lost
If you declined coverage in this Plan and you stated on the form that the reason you were not enrolling was
because of coverage through another group health plan and coverage is or will be lost for any of the following
reasons, the late enrollment rule will not apply to you.
• The subscriber of the other plan has ceased being covered by that other plan (except for either failure to
pay premium contributions or a "for cause" termination such as fraud or misrepresentation .of an important
fact).
• The other plan is terminated and not replaced with other group coverage.
• The other employer stops making contributions toward employee's or dependent's coverage.
• The other subscriber or employee dies.
• The subscriber and spouse are divorced or legally separated and this causes loss of the other group cov-
erage.
• The other coverage was federal COBRA or California Small Employer COBRA and the period of cover-
age ends.
3. You Lose Eligibility for Healthy Families Program or No -Share -of -Cost Medi-Cal
If you declined coverage in this Plan because you were enrolled in the Healthy Families Program or no -share -
of -cost Medi-Cal, and coverage was lost for the following reasons, the late enrollment rule will not apply to
you.
• You lose eligibility in the Healthy Families Program as a result of exceeding the Program's income or age
limits.
• You lose eligibility in no -share -of -cost Medi-Cal as a result of exceeding Medi-Cal's income limits.
4. Multiple Health Plans
If you are enrolled as a dependent in a health plan (not Health Net) and the Subscriber, during open enroll-
ment, chooses a different plan (such as moving from an HMO plan to a fee -for -service plan) and you do not
Section 400 Eli ibili Enrollment and Termination Pa e 19
wish to continue to be covered by it, you will not be considered a late enrollee should you decide to enroll in
this Plan.
5. Court Orders
If a court orders the Subscriber to provide coverage for a spouse (a current spouse, not a former spouse) or
orders the Subscriber or enrolled spouse to provide coverage for a minor child through Health Net, that
spouse or child will not be treated as a late enrollee. A court ordered dependent may be added without any
regard to open enrollment restrictions.
If the exceptions in 2, 3 or 4 above apply, you must enroll within 30 days of the loss of coverage. If you wait longer
than 30 days to enroll, you will be a late enrollee and you may not enroll until the next Open Enrollment Period.
Special Enrollment Rule For Newly Acquired Dependents
If an employee gains new dependents due to childbirth, adoption or marriage the following rules apply.
If the Employee Is Enrolled in this Plan
If you are covered by this Plan as a Subscriber, you can enroll your new dependent if you request enrollment
within 30 days after childbirth, marriage, adoption or placement for adoption. In addition, a court ordered depend-
ent may be added without any regard to open enrollment restrictions.
More information about enrolling new dependents and their Effective Date of coverage is available above under
the heading "How to Enroll for Coverage" and the subheading "Newly Acquired Dependents."
If the Employee Declined Enrollment in this Plan
If you previously declined enrollment in this Plan because of other group coverage, and you gain a new depend-
ent due to childbirth, marriage, adoption or placement for adoption, you can enroll yourself and the dependent
within 30 days of birth, marriage, adoption or placement for adoption.
If you gain a new dependent due to a court order and you did not previously enroll in this Plan, you may enroll
yourself and your court ordered dependent(s) without any regard to open enrollment restrictions.
In addition, any other family members who are eligible for coverage may enroll at the same time as you and the
new dependent. You no longer have to wait for the next Open Enrollment Period, and whether or not you are
covered by another group plan has no effect on this right.
If you do not enroll yourself, the new dependent and any other family members within 30 days of acquiring the
new dependent, you will have to wait until the next Open Enrollment to do so.
The Effective Date of coverage for you and all family members who enroll within 30 days of childbirth, marriage,
adoption or placement for adoption will be the same as for the new dependent.
• In the case of childbirth, the Effective Date will be the moment of birth.
• For marriage, the Effective Date will be either on the date of marriage or the first of the month following the
date of marriage, according to the rules established by your Group.
• Regarding adoption, the Effective Date will be the date the birth parent or appropriate legal authority grants
the employee or his or her spouse, in writing, the right to control the child's health care.
• In the case of a Medical Child Support Order, the Effective Date will be the date the Group is notified of the
court order.
Note:
When you (the employee) are not enrolled in this Plan and you wish to have coverage for a newborn or adopted
child who is ill, please contact your employer as soon as possible and ask that you (the employee) and the
newborn or adopted child be enrolled. An employee must be enrolled in order for his or her eligible dependent to
be enrolled.
While you have 30 days within which to enroll the child, until you and your child are formally enrolled and re-
corded as members in our computer system, we cannot verify coverage to any inquiring medical provider.
Page 20 Eligibility. Enrollment and Termination Section 400
Special Reinstatement Rule For Reservists Returning From Active Duty
Reservists ordered to active duty on or after January 1, 2007 who were covered under this Plan at the time they
were ordered to active duty and their eligible dependents will be reinstated without waiting periods or exclusion of
coverage for pre-existing conditions. A reservist means a member of the U.S. Military Reserve or California
National Guard called to active duty as a result of the Iraq conflict pursuant to Public Law 107-243 or the Afghani-
stan conflict pursuant to Presidential Order No. 13239. Please notify the Group when you return to employment if
you want to reinstate your coverage under the Plan.
Special Reinstatement Rule Under USERRA
USERRA, a federal law, provides service members returning from a period of uniformed service who meet certain
criteria with reemployment rights, including the right to reinstate their coverage without pre-existing exclusions or
waiting periods, subject to certain restrictions. Please check with your Group to determine if you are eligible.
Subsection-C
Transferring to Another Contracting Physician Group
As stated in the "Selecting a Contracting Physician Group" portion of "Introduction to Health Net," Section 100,
each person must select a contracting Physician Group close enough to his or her residence or place of work to
allow reasonable access to care. Please call the Member Services Department at the telephone number on your
Health Net ID Card if you have questions involving reasonable access to care.
Any individual Member may change Physician Groups, that is, transfer from one to another:
• When the Group's Open Enrollment Period occurs;
• When the Member moves to a new address (notify Health Net within 30 days of the change);
• When the Member's employment work -site changes (notify Health Net within 30 days of the change);
• When determined necessary by Health Net; or
• When the Member exercises the once -a -month transfer option.
Exceptions
Health Net will not permit a once -a -month transfer at the Member's option if the Member is confined to a Hos-
pital. However, if you believe you should be allowed to transfer to another contracting Physician Group be-
cause of unusual or serious circumstances and you would like Health Net to give special consideration to your
needs, please contact the Member Services Department at the telephone number on your Health Net ID Card
for prompt review of your request.
Effective Date of Transfer
If we receive your request for a transfer on or before the 15th day of the month, the transfer will occur on the first
day of the following month. (Example: Request received March 12, transfer effective April 1.)
If we receive your request for a transfer on or after the 1 dh day of the month, the transfer will occur on the first day
of the second following month. (Example: Request received March 17, transfer effective May 1.)
If your request for a transfer is not allowed because of a hospitalization and you still wish to transfer after the
medical condition or treatment for it has ended, please call the Member Services Department to process the
transfer request. The transfer in a case like this will take effect on the first day of the calendar month following the
date the treatment for the condition causing the delay ends.
For a newly eligible child who has been automatically assigned to a contracting Physician Group, the transfer will
not take effect until the first day of the calendar month following the date the child first becomes eligible. (Auto-
matic assignment takes place with newborn and adopted children and is described in the "How to Enroll for
Coverage" provision earlier in this section.)
Section 400 EZiQibility Enrollment and Termination Page 21
Subsection-D
When Coverage Ends
You must notify the Group of changes that will affect your eligibility. The Group will send the appropriate request
to Health Net according to current procedures. Health Net is not obligated to notify you that you are no longer
eligible or that your coverage has been terminated.
All Group Members
All Members of a Group become ineligible for coverage under this Plan at the same time if the Group Service
Agreement (between the Group and Health Net) is terminated, including termination due to nonpayment of
subscription charges by the Group.
If the Group Service Agreement between the Group and Health Net is canceled because the Group failed to pay
the required subscription charges when due, then coverage for all Subscribers and Family Members will end
retroactively back to the last day of the month for which subscription charges were paid. However, this retroactive
period will not exceed the 60 days before the date Health Net mails you a Notice Confirming Termination of
Coverage.
Health Net will mail your employer a Prospective Notice of Cancellation 15 days before any cancellation of
coverage. This Prospective Notice of Cancellation will provide information to your employer regarding the conse-
quences of your employer's failure to pay the subscription charges due within 15 days of the date of mailing of the
Prospective Notice of Cancellation.
If Health Net does not receive payment of the delinquent subscription charges from your employer within 15 days
of the date of mailing of the Prospective Notice of Cancellation, Health Net will cancel the Group Service Agree-
ment and mail the Subscriber and your employer a Notice Confirming Termination of Coverage, which will provide
you and your employer with the following information: (1) that the Group Service Agreement has been canceled
for non-payment of subscription charges; (2) the specific date and time when your Group coverage ended; (3) the
Health Net telephone number you can call to obtain additional information, including whether your employer
obtained reinstatement of the Group Service Agreement (Health Net allows one reinstatement during any twelve-
month period if the Group requests reinstatement and pays the amounts owed within 15 days of the date of
mailing of the Notice Confirming Termination of Coverage); and (4) an explanation of your options to purchase
continuation coverage, including coverage effective as of the retroactive termination date so you can avoid a
break in coverage and the deadline by which you must elect to purchase such continuation coverage, which will
be 63 days after the date Health Net mails you the Notice Confirming Termination of Coverage.
If coverage through this Plan ends for reasons other than non-payment of subscription charges, see the "Cover-
age Options Following Termination" section below for coverage options.
Subscriber and All Family Members
The Subscriber and all his or her Family Members will become ineligible for coverage at the same time if the
Subscriber loses eligibility for this plan.
Individual Members - Termination for Loss of Eligibility
Individual Members become ineligible on the date any of the following occurs:
The Member no longer meets the eligibility requirements established by the Group and Health Net.
This will include a child subject to a Medical Child Support Order, according to state or federal law, who be-
comes ineligible on the earlier of:
1. The date established by the order.
2. The date the order expired.
• The Member establishes primary residency outside the continental United States.
• The Member establishes primary residency outside the Health Net Service Area and does not work inside the
Health Net Service Area.
However, a child subject to a Medical Child Support Order, according to state or federal law, who moves out
of the Health Net Service Area does not cease to be eligible for this Plan. But, while that child may continue to
Page 22 Eligibility Enrollment and Termination Section 400
be enrolled, coverage of care received outside the Health Net Service Area will be limited to services provided
in connection with Emergency Care or Urgently Needed Care.
Follow -Up Care, routine care and all other benefits of this Plan are covered only when authorized by the con-
tracting Physician Group (medical) or the Behavioral Health Administrator (Mental Disorders and Chemical
Dependency).
• The Member becomes eligible for Medicare and assigns Medicare benefits to another health maintenance
organization or competitive medical plan.
• A Member becomes a legally emancipated minor according to state law.
• The Subscriber's marriage or domestic partnership ends by divorce, annulment or some other form of
dissolution. Eligibility for the Subscriber's enrolled spouse (now former spouse) and that spouse's enrolled
dependents, who were related to the Subscriber only because of the marriage, will end.
Individual Members - Teradnation for Cause
Health Net has the right to terminate your coverage from this plan under certain circumstances. The following are
examples of circumstances that may result in a termination:
• Disruptive or Threatening Behavior: Your coverage may be terminated upon the date the notice of termination
is mailed if you threaten the safety of the health care provider, his or her office staff, the contracting Physician
Group or Health Net if such behavior does not arise from a diagnosed illness or condition. In addition, your
coverage may be terminated upon 15 days prior written notice if you repeatedly or materially disrupt the op-
erations of the Physician Group or Health Net to the extent that your behavior substantially impairs Health
Net's ability to furnish or arrange services for you or other Health Net Members, or substantially impairs the
Physician's office or contracting Physician Group's ability to provide services to other patients.
• Misrepresentation or Fraud: Your coverage may be terminated at midnight on the date the notice of termina-
tion is mailed if you knowingly omit or misrepresent a meaningful fact on your enrollment form or fraudulently
or deceptively use services or facilities of Health Net, its contracting Physician Groups or other contracting
providers, (or knowingly allow another person to do so), including altering a prescription.
If coverage is terminated for any of the above reasons, you forfeit all rights to enroll in the Health Net conversion
plan, COBRA plan or any plan that is owned or operated by Health Net's parent company or its subsidiaries and
lose the right to re -enroll in Health Net in the future.
Health Net will conduct a fair investigation of the facts before any termination for any of the above reasons is
carried out.
Your health status or requirements for health care services will not determine eligibility for coverage. If you believe
that coverage was terminated because of health status or the need for health services, you may request a review
of the termination by the Director of the California Department of Managed Health Care.
Coverage Options Following Termination
If coverage through this Plan ends as a result of the Group's non-payment of subscription charges, see "All Group
Members" portion of "When Coverage Ends" in this section for coverage options following termination. If coverage
through this Plan ends for reasons other than the Group's non-payment of subscription charges, the terminated
Member may be eligible for additional coverage.
Please examine your options carefully before declining coverage. You should be aware that companies selling
individual health insurance typically require a review of your medical history that could result in a higher premium
or you could be denied coverage entirely.
• COBRA Continuation Coverage: Many groups are required to offer continuation coverage by the federal
Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). For most Groups with 20 or more em-
ployees, COBRA applies to employees and their eligible dependents, even if they live outside California.
Please check with your Group to determine if you and your covered dependents are eligible.
• Cal -COBRA Continuation Coverage: If you began receiving federal COBRA coverage on or after January 1,
2003, have exhausted federal COBRA coverage and have had less than 36 months of COBRA coverage, you
have the opportunity to continue Group coverage under this Evidence of Coverage through Cal -COBRA for up
to 36 months from the date that federal COBRA coverage began.
Section 400 Eligibility Enrollment and Termination Pa e 23
Health Net Will Offer Cal -COBRA to Members: Health Net will send Members whose federal COBRA cover-
age is ending by U.S. mail information on Cal -COBRA rights and obligations along with the necessary premium
information, enrollment forms, and instructions to formally choose Cal -COBRA Continuation Coverage. This in-
formation will be sent with the notice of pending termination of federal COBRA.
Choosing Cal -COBRA: If a Member wishes to choose Cal -COBRA Continuation Coverage, he or she must
deliver the completed enrollment form (described immediately above) to Health Net by first class mail, personal
delivery, express mail, or private courier company. The address appears on the ID Card and on the back cover
of this Evidence of Coverage.
The Member must deliver the enrollment form to Health Net within 60 days of the later of (1) the Member's ter-
mination date for COBRA coverage or (2) the date he or she was sent a notice from Health Net that he or she
has the right to Cal -COBRA Continuation.
Payment for Cal -COBRA: The Member must pay Health Net 110% of the applicable Group rate charged for
employees and their dependents.
The Member must submit the first payment within 45 days of delivering the completed enrollment form to Health
Net in accordance with the terms and conditions of the health Plan contract. The first payment must cover the
period from the last day of prior coverage to the present. There can be no gap between prior coverage and Cal -
COBRA Continuation Coverage. The Member's first payment must be delivered to Health Net by first-class mail,
certified mail, or other reliable means of delivery, including personal delivery, express mail, or private courier
company. If the payment covering the period from the last day of prior coverage to the present is not received
within 45 days of providing the enrollment form to Health Net, the Member's Cal -COBRA election is not effective
and no coverage is provided.
All subsequent payments must be made on the first day of each month. If the payment is late, the Member will
be allowed a grace period of 30 days. Fifteen days from the due date (the first of the month), Health Net will ,
send a letter warning that coverage will terminate 15 days from the date on the letter. If the Member fails to
make the payment within 15 days of the notice of termination, enrollment will be canceled by Health Net. If the
Member makes the payment before the termination date, coverage will be continued with no break in coverage.
Amounts received after the termination date will be refunded to the Member by Health Net within 20 business
days.
Employer Replaces Previous Plan: There are two ways the Member may be eligible for Cal -COBRA Con-
tinuation Coverage if the employer replaces the previous plan:
1. If the Member had chosen Cal -COBRA Continuation Coverage through a previous plan provided by his or
her current employer and replaced by this plan because the previous policy was terminated, or
2. If the Member selects this plan at the time of the employer's open enrollment.
The Member may choose to continue to be covered by this plan for the balance of the period that he or she
could have continued to be covered by the prior group plan. In order to continue Cal -COBRA coverage under
the new plan, the Member must request enrollment and pay the required premium within 30 days of receiving
notice of the termination of the prior plan. If the Member fails to request enrollment and pay the premium within
the 30-day period, Cal -COBRA continuation coverage will terminate.
Employer Replaces this Plan: If the agreement between Health Net and the employer terminates, coverage
with Health Net will end. However, if the employer obtains coverage from another insurer or HMO, the Member
may choose to continue to be covered by that new plan for the balance of the period that he or she could have
continued to be covered by the Health Net plan.
When Does Cal -COBRA Continuation Coverage End? When a Qualified Beneficiary has chosen Cal -
COBRA Continuation Coverage, coverage will end due to any of the following reasons:
1. 36 months from your original COBRA Effective Date (under this or any other plan).`
2. The Member becomes entitled to Medicare, that is, enrolls in the Medicare program.
3. The Member fails to pay the correct premium amount on the first day of each month as described above
under "Payment for Cal -COBRA."
4. The date your Group's Agreement with Health Net terminates. (See "Employer Replaces this Plan.")
Page 24 Eligibility. Enrollment and Termination Section 400
5. The Member becomes covered by another group health plan that does not contain a pre-existing condition
limitation preventing the individual from receiving the full benefits of that plan.
If the Member becomes covered by another group health plan that does contain a pre-existing condition limita-
tion preventing the individual from receiving the full benefits of that plan, coverage through this plan will con-
tinue. Coordination of Benefits will apply, and Cal -COBRA plan will be the primary plan.
'The COBRA Effective Date is the date the Member first became covered under COBRA continuation coverage.
• Additional COBRA -like Coverage ("Senior COBRA"): California law provides that an employee and his or
her spouse who elected COBRA or CAL -COBRA coverage following termination of employment may be enti-
tled to additional COBRA -like coverage if the employee and spouse are eligible for Senior COBRA prior to
January 1, 2005.
If the Subscriber was 60 years of age or older on the date of his or her termination of employment and had
worked for the employer for the previous five years, the Subscriber and his or her spouse may be eligible for
additional coverage when federal COBRA or CAL -COBRA coverage expires. Additionally, a former spouse of
an employee or former employee whose coverage under COBRA or Cal -COBRA expires may be entitled to
additional COBRA -like coverage.
You may request additional information from Health Net. If you wish to purchase this additional COBRA -like
coverage, you must notify Health Net in writing of your wish to do so within 30 calendar days prior to the date
continuation coverage under COBRA or CAL -COBRA is scheduled to end.
• USERRA Coverage: Under a federal law known as the Uniformed Services Employment and Reemployment
Rights Act (USERRA), employers are required to provide employees who are absent from employment to
serve in the uniformed services and their dependents who would lose their group health coverage the oppor-
tunity to elect continuation coverage for a period of up to 24 months. Please check with your Group to deter-
mine if you are eligible.
• Conversion Coverage: Described below in the subsection titled "Conversion Privilege."
• Extension of Benefits: Described below in the subsection titled "Extension of Benefits."
• HIPAA Guaranteed Issue Coverage: The federal Health Insurance Portability and Accountability Act
(HIPAA): makes it easier for people covered under existing group health plans to maintain coverage regard-
less of pre-existing conditions when they change jobs or are unemployed for brief periods of time. California
law provides similar and additional protections. Applicants who meet the following requirements are eligible to
enroll in a guaranteed issue individual health plan from any health plan that offers individual coverage, includ-
ing Health Net's Guaranteed HMO Plans, without medical underwriting. A health plan cannot reject your ap-
plication for guaranteed issue individual health coverage if you meet the following requirements, agree to pay
the required premiums and live or work in the plan's service area. Specific Guaranteed Issue rates apply.
Only eligible individuals qualify for guaranteed issuance. To be considered an eligible individual:
1. The applicant must have a total of 18 months of coverage (including COBRA, if applicable) without a sig-
nificant break (excluding any employer -imposed waiting periods) in coverage of more than 63 days.
2. The most recent coverage must have been under a group health plan. COBRA and Cal -COBRA coverage
are considered group coverage.
3. The applicant must not be eligible for coverage under any group health plan, Medicare or Medicaid, and
must not have other health insurance coverage.
4. The individual's most recent coverage could not have been terminated due to fraud or nonpayment of
premiums.
5. If COBRA or Cal -COBRA coverage was available, it must have been elected and such coverage must
have been exhausted.
For more information regarding guarantee issue coverage through Health Net please call the Individual Sales
Department at 1-800-909-3447. If you believe your rights under HIPAA have been violated, please contact the
Department of Managed Health Care at 1-888-HMO-2219 or visit the Department's website at
www.hmohelp.ca.gov.
Section 400 EUPZ'bilily, Enrollment and Termination Pajee 25
Subsection-E
Extension of Benefits
When Benefits May Be Extended
Benefits may be extended beyond the date coverage would ordinarily end if:
• You lose your Health Net coverage because the Group Service Agreement is discontinued and you are
totally disabled at that time; or
• You lose your coverage for any reason other than discontinuance of the Group Service Agreement and you
are a registered bed patient in a Hospital or Skilled Nursing Facility when coverage ends and the hospitali-
zation was covered by this Plan.
When benefits are extended, you will not be required to pay subscription charges. However, the Copayments
shown in "Schedule of Benefits and Copayments," Section 200, will continue to apply.
Benefits will only be extended for the condition you were hospitalized for or the condition that caused you to
become totally disabled. Benefits will not be extended for other medical conditions.
Benefits will not be extended if coverage was terminated for cause as stated in "Individual Members - Termination
for Cause" provision of "Eligibility, Enrollment and Termination," Section 400.
"Totally disabled" has a different meaning for different Family Members.
• For the Subscriber it means that because of an illness or injury, the Subscriber is unable to engage in
employment or occupation for which he or she is or becomes qualified by reason of education, training or ex-
perience; furthermore, the Subscriber must not be employed for wage or profit.
• For a Family Member it means that because of an illness or injury, that person is prevented from performing
substantially all regular and customary activities usual for a person of his or her age and family status.
How to Obtain an Extension
Member Is Confined to a Hospital
If you are confined to a Hospital or Skilled Nursing Facility when your coverage ends, benefits will be extended to
you automatically. You do not have to do anything to make it happen.
When you are discharged from a Hospital or Skilled Nursing Facility, no further extension is available, unless your
coverage ended because the Group Service Agreement ended.
If your coverage ended because the Group Service Agreement between Health Net and the Group was termi-
nated and you are totally disabled and want to continue to have extended benefits, you must send a written
request to Health Net within 90 days of the discharge date. The request must include your Physician Group's
written certification that you are totally disabled.
Member Is Not Confined to a Hospital
If a Member is totally disabled and not confined to a Hospital or Skilled Nursing Facility when the Agreement
ends, send a written request to Health Net within 90 days of the date the Agreement terminates. The request must
include written certification by the Member's Physician Group that the Member is totally disabled.
If benefits are extended because of total disability, provide Health Net with proof of total disability at least once
every 90 days during the extension. The Member must ensure that Health Net receives this proof before the end
of each 90-day period.
When the Extension Ends
The Extension of Benefits will end on the earliest of the following dates:
• For extensions provided only because of Hospital confinement: If the Agreement between Health Net
and the Group has not been terminated, then the Extension of Benefits will end on the earliest of the follow-
ing dates:
1. On the date the Member is discharged from the Hospital or Skilled Nursing Facility, even if the total dis-
ability continues;
e 26 Eligibility. Enrollment and Termination Section 400
2. On the date the Member becomes covered by another private or group health insurance policy or plan; or
3. On the date that available benefits are exhausted.
• For extensions provided because of total disability which may or may not involve hospitalization: If
the Agreement between Health Net and the Group has been terminated, then the extension of benefits will
end on the earliest of the following dates:
1. On the date the Member is no longer totally disabled;
2. On the date the Member becomes covered by a replacement health policy or plan obtained by the Group
and this coverage has no limitation for the disabling condition;
3. On the date that available benefits are exhausted; or
4. On the last day of the 12-month period following the date the extension began, unless the Member is con-
fined in a Hospital or Skilled Nursing Facility on that date for the disabling condition.
Other Coverage Affects Extension of Benefits
• Other Group Coverage
Extended benefits will end as stated in the section immediately above titled When the Extension Ends."
If other group coverage exists that does not cause the extension of benefits to end, such as coverage through
a new job or coverage that existed before the loss of Health Net coverage, Health Net will obtain reimburse-
ment from the other Plan through the Coordination of Benefits process.
Also, when another health maintenance organization provides that coverage, Health Net may arrange for that
HMO to be responsible for continuing medical care.
• COBRA Continuation Coverage
If your Health Net coverage continues because you were eligible for and obtained federal COBRA continua-
tion coverage, you have not yet lost your Health Net coverage. If you are still totally disabled when the
COBRA continuation coverage ends, you may try to obtain an extension as described above in the section
titled "How to Obtain an Extension."
• Conversion Coverage
Conversion coverage affects extension of benefits when:
1. You receive an extension of the benefits of this Plan; and
2. You have also elected conversion coverage and it is in force.
Whichever coverage provides the higher benefits will be applied toward the disabling condition. Refer to the
"Conversion Privilege" section immediately below.
Subsection-F
Conversion Privilege
Who Is Eligible for Conversion Coverage
Except as specified below, if you lose coverage in this Plan, you have the right to purchase individual coverage
through the Health Net conversion plan without being required to complete a health statement.
You must pay the cost of conversion coverage (called subscription charges). Please note, however, that the
benefits, as well as the subscription charges, will not be the same as coverage through this Group Plan.
Who Is Not Eligible for Conversion Coverage
The following people are not eligible for conversion coverage:
• Anyone who lives outside the continental United States and who does not either live or work inside the
Health Net Service Area;
Section 400 Ell inibility Enrollment and Termination Page 27
Anyone whose coverage was terminated for cause as stated in "Individual Members - Termination for Cause"
portion of this section;
Anyone who is covered by another group or individual health plan; or
Anyone who was not covered by this Plan.
How to Apply for Conversion Coverage
Request an application from Health Net. You must complete the application form and send it to Health Net within
63 days of the last day of coverage.
Anyone eligible to enroll in the Health Net conversion plan who does not enroll when Group coverage ends will
not be allowed to do so at a later date.
Conversion coverage must become effective immediately following the date Group coverage ends. There can be
no lapse in coverage. The Member must pay all required subscription charges or premiums to ensure that
coverage is continuous.
Page 28 Covered Services and Supplies Section 50r7
Section-500
COVERED SERVICES AND SUPPLIES
You are entitled to receive Medically Necessary services and supplies described below when they are authorized
according to procedures Health Net and the contracting Physician Group have established. The fact that a
Physician or other provider may perform, prescribe, order, recommend or approve a service, supply or hospitali-
zation does not, in itself, make it Medically Necessary or make it a covered service.
Any covered service or supply may require a Copayment, or have a benefit maximum. Please refer to "Schedule of
Benefits and Copayments," Section 200, for details.
Certain limitations may apply. Be sure you read the section entitled "Exclusions and Limitations, " Section 600,
before obtaining care.
Subsection -A
Medical Services and Suanlies
Office Visits
Office visits for services by a Physician are covered. Also covered are office visits for services by other health
care professionals when you are referred by your Primary Care Physician.
Health Evaluations
For preventive health purposes, a periodic health evaluation and diagnostic preventive procedures are covered,
based on recommendations published by the U.S. Preventive Services Task Force. In addition, a covered annual
cervical cancer screening test includes a Pap test, a human papillomavirus (HPV) screening test that is approved
by the federal Food and Drug Administration (FDA), and the option of any cervical cancer screening test approved
by the FDA,
Vision and Hearing Examinations
Eye and ear examinations to determine the need for correction of vision and hearing are covered as shown in the
"Schedule of Benefits and Copayments," Section 200.
Obstetrician and Gynecologist (OB/GYN) Self -Referral
If you are a female Member you may obtain OB/GYN Physician services without first contacting your Primary
Care Physician.
If you need OB/GYN preventive care, are pregnant or have a gynecology ailment, you may go directly to an
OB/GYN Specialist or a Physician who provides such services in your Physician Group.
If such services are not available in your Physician Group, you may go to one of the contracting Physician
Group's referral Physicians who provides OB/GYN services. (Each contracting Physician Group can identify its
referral Physicians.)
The OB/GYN Physician will consult with the Member's Primary Care Physician regarding the Member's condition,
treatment and any need for Follow -Up Care.
Copayment requirements may differ depending on the service provided. Refer to "Schedule of Benefits and
Copayments," Section 200.
Immunizations and Injections
Immunizations and injections, professional services to inject the medications, and the medications that are
injected are covered as shown in "Schedule of Benefits and Copayments," Section 200. This includes allergy
serum.
Member Physicians will provide immunizations that are recommended by guidelines published by the Advisory
Committee on Immunization Practices (ACIP) of the U.S. Public Health Service or the American Academy of
Pediatrics (AAP).
Section 500 Covered Services and Su lies Pa e 29
In addition, injectable medications (including Glucagon) approved by the FDA are covered for the Medically
Necessary treatment of medical conditions when prescribed by the Member's Primary Care Physician and
authorized by Health Net.
Self -injectable Drugs (other than insulin), needles and syringes used with these self -injectable drugs must be
obtained through Health Net's contracted Specialty Pharmacy Vendor when Prior Authorization is obtained from
Health Net. Upon approval, Health Net will arrange for the distribution of drugs, needles and syringes from the
appropriate Specialty Pharmacy Vendor. The Specialty Pharmacy Vendor may contact you directly to coordinate
the delivery of your medications.
The Specialty Pharmacy Vendor will charge you for the appropriate Copayment or Coinsurance shown in "Sched-
ule of Benefits and Copayments," Section 200.
Surgical Services
Services by a surgeon, assistant surgeon, anesthetist or anesthesiologist are covered.
Laboratory and Diagnostic Imaging (including X-ray) Services
Laboratory and diagnostic imaging (including x-ray) services and materials are covered.
Home Visit
Visits by a Member Physician to a Member's home are covered at the Physician's discretion in accordance with
the rules and criteria set by Health Net, and if the Physician concludes that the visit is medically and otherwise
reasonably indicated.
Rehabilitation Therapy
Rehabilitation therapy services (physical, speech, and occupational therapy) are covered when Medically Neces-
sary, except as stated in "Exclusions and Limitations," Section 600.
Cardiac Rehabilitation Therapy
Rehabilitation therapy services provided in connection with the treatment of heart disease is covered when
Medically Necessary.
Pulmonary Rehabilitation Therapy
Rehabilitation therapy services provided in connection with the treatment of chronic respiratory impairment is
covered when Medically Necessary.
Clinical Trials
Routine patient care costs for patients diagnosed with cancer who are accepted into phase I, 11, 111 or IV clinical
trials are covered when Medically Necessary, recommended by the Member's treating Physician and authorized
by Health Net. The Physician must determine that participation has a meaningful potential to benefit the Member
and the trial has therapeutic intent. Services rendered as part of a clinical trial may be provided by a non -
Participating or Participating Provider subject to the reimbursement guidelines as specified in the law. Coverage
for routine patient care shall be provided in a clinical trial that involves either a drug that is exempt from federal
regulation in relation to a new drug application or is approved by one of the following:
• The National Institutes of Health;
• The FDA as an Investigational new drug application;
• The Department of Defense; or
• The Veterans' Administration.
The following definition applies to the terms mentioned in the above provision only.
"Routine patient care costs" are the costs associated with the standard provisions of Health Net, including drugs,
items, devices and services that would normally be covered under this Evidence of Coverage, if they were not
provided in connection with a clinical trials program.
Please refer to "All Services and Supplies" portion of "Exclusions and Limitations," Section 600, for more informa-
tion.
Page 30 Covered Services and Supplies Section 500
Pregnancy
The coverage described below meets requirements for Hospital length of stay under the Newborns' and Moth-
ers' Health Protection Act of 1996.
Hospital and professional services for conditions of pregnancy are covered, including prenatal and postnatal care,
delivery and newborn care. In cases of identified high -risk pregnancy, prenatal diagnostic procedures and genetic.
testing of the fetus are also covered. Please refer to "Schedule of Benefits and Copayments," Section 200, for
Copayment requirements.
When you give birth to a child in a Hospital, you are entitled to coverage of at least 48 hours of care following a
vaginal delivery or at least 96 hours following a cesarean section delivery.
Your Physician will not be required to obtain authorization for a Hospital stay that is equal to or less than 48 hours
following vaginal delivery or 96 hours following cesarean section. Longer stays in the Hospital will require authori-
zation. Also the performance of cesarean sections must be authorized.
You may be discharged earlier only if you and your Physician agree to it.
If you are discharged earlier, your Physician may decide, at his or her discretion, that you should be seen at home
or in the office, within 48 hours of the discharge, by a licensed health care provider whose scope of practice
includes postpartum care and newborn care. Your Physician will not be required to obtain authorization for this
visit.
Abortions
Abortions (surgical or drug) are covered by this Plan whether they are elective or Medically Necessary.
Copayment requirements may differ between the two. Refer to "Schedule of Benefits and Copayments," Section
200.
The contracting Physician Group and Health Net will determine whether an abortion is Medically Necessary or
elective.
Family Planning
Counseling, planning and other services for problems of fertility are covered.
Included in these other services are:
• Fitting examination for a vaginal contraceptive device (diaphragm and cervical cap).
• Inserting an intrauterine device (IUD).
Infertility services (including artificial insemination procedures, office visits, follicle ultrasounds and sperm wash-
ing) and supplies are also covered, but there are significant exclusions. Please refer to the "Conception by
Medical Procedures" portion of "Exclusions and Limitations," Section 600, for more information.
Please refer to "Schedule of Benefits and Copayments," Section 200, under the heading "Family Planning" for
information regarding contraceptives covered under the medical benefit.
Additional contraceptive supplies and devices may be covered, refer to the "Prescription Drugs" portion of this
section under the heading "Contraceptives" for more information.
Medical Social Services
Hospital discharge planning and social service counseling are covered. In some instances, a medical social
service worker may refer you to other providers for additional services. These services are covered only when
authorized by your Physician Group and not otherwise excluded under this Plan.
Patient Education
Patient education programs on how to prevent illness or injury and how to maintain good health, including
diabetes management programs and asthma management programs are covered. Your Physician Group will
coordinate access to these services.
Home Health Care Services
The services of a Home Health Care Agency in the Member's home are covered when provided by a registered
nurse or licensed vocational nurse and /or licensed physical, occupational, speech therapist or respiratory
Section 500 Covered Services and Supplies Page 31
therapist. These services are in the form of visits that may include, but are not limited to, skilled nursing services,
medical social services, rehabilitation therapy (including physical, speech and occupational), pulmonary rehabilita-
tion therapy and cardiac rehabilitation therapy.
Home Health Care Services must be ordered by your Physician, approved by your Physician Group or Health
Plan and provided under a treatment plan describing the length, type and frequency of the visits to be provided.
The following conditions must be met in order to receive Home Health Care Services:
• The skilled nursing care is appropriate for the medical treatment of a condition, illness, disease or injury;
• The Member is home bound because of illness or injury (this means that the Member is normally unable to
leave home unassisted, and, when the Member does leave home, it must be to obtain medical care, or for
short, infrequent non -medical reasons such as a trip to get a haircut, or to attend religious services or adult
day care);
• The Home Health Care Services are part-time and intermittent in nature; a visit lasts up to 4 hours in duration
in every 24 hours; and
• The services are in place of a continued hospitalization, confinement in a Skilled Nursing Facility, or outpa-
tient services provided outside of the Member's home.
Additionally, Home Infusion Therapy is also covered. A provider of infusion therapy must be a licensed pharmacy.
Home nursing services are also provided to ensure proper patient education, training, and monitoring of the
administration of prescribed home treatments. Home treatments may be provided directly by infusion pharmacy
nursing staff or by a qualified home health agency. The patient does not need to be homebound to be eligible to
receive Home Infusion Therapy. See "Definitions," Section 900. Note: Diabetic supplies covered under medical
supplies include blood glucose monitors and insulin pumps.
Custodial Care services and Private Duty Nursing, as described in "Definitions," Section 900 and any other types
of services primarily for the comfort or convenience of the Member, are not covered even if they are available
through a Home Health Care Agency. Home Health Care Services do not include Private Duty Nursing or shift
care. Private Duty Nursing (or shift care) is not a covered benefit under this plan even if it is available through a
Home Health Care Agency or is determined to be Medically Necessary. See "Definitions," Section 900.
Ambulance Services
Air and ground ambulance services are covered.
The contracting Physician Group may order the ambulance themselves when they know of your need in advance.
If circumstances result in you or others ordering an ambulance, your Physician Group must still be contacted as
soon as possible and they must authorize the services. All paramedic, ambulance, and ambulance transport
services provided as a result of a 911 emergency response system call will be covered, when the criteria for
Emergency Care, as defined in this Evidence of Coverage, have been met.
Hospice Care
Hospice care is available for Members diagnosed as terminally ill by a Member Physician and the contracting
Physician Group. To be considered terminally ill, a Member must have been given a medical prognosis of one
year or less to live.
Hospice care includes Physician services, counseling, medications, other necessary services and supplies and
homemaker services. The Member Physician will develop a plan of care for a Member who elects Hospice care.
In addition, up to five consecutive days of inpatient care for the Member may be authorized to provide relief for
relatives or others caring for the Member.
Durable Medical Equipment
Durable Medical Equipment, which includes but is not limited to wheelchairs, crutches, bracing, supports, casts,
nebulizers (including face masks and tubing) and Hospital beds, is covered and will be repaired or replaced when
necessary. However, repair or replacement for loss or misuse is not covered. Health Net will decide whether to
repair or replace an item. Durable Medical Equipment may have quantity limits or may not be covered as they are
considered primarily for non -medical use. Nebulizers (including face masks and tubing) are not subject to quantity
limits.
Page 32 Covered Services and Supplies Section 500
Diabetic Equipment
Equipment and supplies for the management and treatment of diabetes are covered, as Medically Necessary,
including:
• Insulin pumps and all related necessary supplies
• Corrective footwear to prevent or treat diabetes -related complications
• Specific brands of blood glucose monitors and blood glucose testing strips*
• Blood glucose monitors designed to assist the visually impaired
• Ketone urine testing strips*
• Lancets and lancet puncture devices*
• Specific brands of pen delivery systems for the administration of insulin, including pen needles*
• Specific brands of disposable insulin syringes*
*These items (as well as insulin and Prescription Drugs for the treatment and management of diabetes) are
covered under the Prescription Drug benefits. Please refer to the "Prescription Drugs" portion of this section for
additional information.
Additionally, the following supplies are covered under the medical benefit as specified:
• Visual aids (excluding eyewear) to assist the visually impaired with proper dosing of insulin are provided
through the prostheses benefit (see the "Prostheses" portion of this section).
• Glucagon is provided through the self-injectables benefit (see the "Immunization and Injections" portion of this
section).
• Self -management training, education and medical nutrition therapy will be covered, only when provided by
licensed health care professionals with expertise in the management or treatment of diabetes. Please refer to
the "Patient Education" portion of this section for more information.
Bariatric (Weight Loss) Surgery
Bariatric surgery provided for the treatment of morbid obesity is covered when Medically Necessary, authorized
by Health Net and performed at a Health Net designated bariatric surgical center.
Health Net has a designated network of bariatric surgical centers to perform weight loss surgery. Your Member
Physician can provide you with information about these centers. You will be directed to a Health Net designated
bariatric surgical center at the time authorization is obtained. If you live 50 miles or more from the nearest Health
Net designated bariatric surgical center, you are eligible to receive travel expense reimbursement. All requests for
travel expense reimbursement must be prior approved by Health Net. Approved travel -related expenses will be
reimbursed as follows:
• Transportation for the Member to and from the designated bariatric surgical center up to $130 per trip for a
maximum of three (3) trips (one pre -surgical visit, the initial surgery and one follow-up visit).
• Transportation for one companion (whether or not an enrolled Member) to and from the designated bariatric
surgical center up to $130 per trip for a maximum of two (2) trips (the initial surgery and one follow-up visit).
• Hotel accommodations for the Member and one companion not to exceed $100 per day for the pre -surgical
visit and the follow-up visit, up to two (2) days per trip or as Medically Necessary. Limited to one room, dou-
ble occupancy.
• Hotel accommodations for one companion not to exceed $100 per day for the duration of the Member's initial
surgery stay, up to four (4) days. Limited to one room, double occupancy.
• Other reasonable expenses not to exceed $25 per day, up to four (4) days per trip. Expenses for tobacco,
alcohol, drugs, telephone, television, delivery, and recreation are specifically excluded.
Submission of adequate documentation including receipts is required to receive travel expense reimbursement
from Health Net.
Organ, Tissue and Bone Marrow Transplants
Organ, tissue and bone marrow transplants that are not Experimental or Investigational are covered, only if the
transplant is authorized by Health Net and performed at a Health Net designated transplant center.
Section 500 Covered Services and Supplies Page 33
Health Net has a specific network of Transplant Centers to perform organ, tissue and bone marrow transplants.
Your Member Physician can provide you with information about those Transplant Centers. You will be directed to
a designated Health Net Transplant Center at the time authorization is obtained.
Medical services, in connection with an organ, bone marrow or tissue transplant are covered as follows:
• For the enrolled Member who receives the transplant; and
• For the donor (whether or not an enrolled Member). Benefits are reduced by any amounts paid or payable by
the donor's own coverage.
Organ donation extends and enhances lives and is an option that you may want to consider. For more information
on organ donations, including how to elect to be an organ donor, please contact the Member Services Depart-
ment at the telephone number on your Health Net ID Card, or visit the Department of Health and Human Services
organ donation website at www.oraandonor oLg.
Renal Dialysis
Renal dialysis services in your home service area are covered. Dialysis services for Members with end -stage -
renal disease (ESRD) who are traveling within the United States are also covered. Outpatient dialysis services
within the United States but outside of your home service area must be arranged and authorized by your Physi-
cian Group or Health Net in order to be performed by providers in your temporary location. Outpatient dialysis
received out of the United States is not a covered service.
Prostheses
Internal and external prostheses required to replace a body part are covered. Examples are artificial legs, surgi-
cally implanted hip joints, devices to restore speaking after a laryngectomy and visual aids (excluding eyewear) to
assist the visually impaired with proper dosing of insulin.
Also covered are internally implanted devices such as heart pacemakers.
In addition, prostheses to restore symmetry after a Medically Necessary mastectomy are covered.
Health Net or the Member's Physician Group will select the provider or vendor for the items. If two or more types
of medically appropriate devices or appliances are available, Health Net or the Physician Group will determine
which device or appliance will be covered. The device must be among those that the Food and Drug Administra-
tion has approved for general use.
Prostheses will be replaced when no longer functional. However, repair or replacement for loss or misuse is not
covered. Health Net will decide whether to replace or repair an item.
Blood
Blood transfusions, including blood processing, the cost of blood, unreplaced blood and blood products, are
covered. However, self -donated (autologous) blood transfusions are covered only for a surgery that the contract-
ing Physician Group has authorized and scheduled.
Inpatient Hospital Confinement
Care in a room of two or more beds or in a licensed special treatment unit is covered. Benefits for a private room
are limited to the Hospital's most common charge for a two -bed room, unless a private room is determined to be
Medically Necessary.
Outpatient Hospital Services
Professional services, outpatient Hospital facility services and outpatient surgery performed in a Hospital or
Outpatient Surgical Center are covered.
Professional services performed in the outpatient department of a Hospital (including but not limited to a visit to a
Physician, rehabilitation therapy, including physical, occupational and speech therapy, pulmonary rehabilitation
therapy, cardiac rehabilitation therapy, laboratory tests, x-ray and radiation therapy) are subject to the same
Copayment which is required when these services are performed at your Physician's office.
Copayments for surgery performed in a Hospital or outpatient surgery center may be different than Copayments
for professional or outpatient Hospital facility services. Please refer to "Outpatient Hospital Services" in "Schedule
of Benefits and Copayments," Section 200 for more information.
Page 34 Covered Services and Supplies Section 500
Reconstructive Surgery
Reconstructive surgery to restore and achieve symmetry including surgery performed to correct or repair abnor-
mal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors
or disease, to do either of the following:
• Improve function; or
• Create a normal appearance to the extent possible, unless the surgery offers only a minimal improvement in
the appearance of the Member.
This does not include cosmetic surgery that is performed to alter or reshape normal structures of the body in order
to improve appearance or dental services or supplies or treatment for disorders of the jaw except as set out under
"Dental Services" and "Disorders of the Jaw" portions of "Exclusions and Limitations," Section 600.
Health Net and the contracting Physician Group determine the feasibility and extent of these services, except that,
the length of Hospital stays related to mastectomies and lymph node dissections will be determined solely by the
Physician and no Prior Authorization for determining the length of stay is required.
This includes reconstructive surgery to restore and achieve symmetry incident to mastectomy.
Skilled Nursing Facility
Care in a room of two or more is covered. Benefits for a private room are limited to the Hospital's most common
charge for a two -bed room, unless a private room is Medically Necessary.
A Member does not have to have been hospitalized to be eligible for Skilled Nursing Facility care.
Benefits are limited to the number of days of care stated in "Schedule of Benefits and Copayments," Section 200.
Phenylketonuria (PKU)
Coverage for testing and treatment of phenylketonuria (PKU) includes formulas and special food products that are
part of a diet prescribed by a Physician and managed by a licensed health care professional in consultation with a
Physician who specializes in the treatment of metabolic disease. The diet must be deemed Medically Necessary to
prevent the development of serious physical or mental disabilities or to promote normal development or function.
Coverage is provided only for those costs which exceed the cost of a normal diet.
"Formula" is an enteral product for use at home that is prescribed by a Physician.
"Special food product" is a food product that is prescribed by a Physician for treatment of PKU and used in place of
normal food products, such as grocery store foods. It does not include a food that is naturally low in protein.
Other specialized formulas and nutritional supplements are not covered.
Second Opinion by a Physician
You have the right to request a second opinion when:
• Your Primary Care Physician or a referral Physician gives a diagnosis or recommends a treatment plan that
you are not satisfied with;
• You are not satisfied with the result of treatment you have received;
• You are diagnosed with or a treatment plan is recommended for, a condition that threatens loss of life, limb or
bodily function or a substantial impairment, including but not limited to a Serious Chronic Condition; or
• Your Primary Care Physician or a referral Physician is unable to diagnose your condition or test results are
conflicting;
To request an authorization for a second opinion, contact your Primary Care Physician or the Member Services
Department at the telephone number on your Health Net ID card. Physicians at your Physician Group or Health
Net will review your request in accordance with Health Net's procedures and timelines as stated in the second
opinion policy. You may obtain a copy of this policy from the Member Services Department.
All authorized second opinions must be provided by a Physician who has training and expertise in the illness,
disease or condition associated with the request.
Surgically Implanted Drugs
Surgically implanted drugs are covered under the medical benefit when Medically Necessary, and may be
provided in an inpatient or outpatient setting.
Section 500 Covered Services and Supplies Page 35
Subsection-B
Prescription Drugs
Please read the "Prescription Drugs "portion of "Exclusions and Limitations, "Section 600.
Covered Drugs and Supplies
Prescription Drugs must be dispensed for a condition, illness or injury that is covered by this Plan. Refer to
"Exclusion and Limitations," Section 600 to find out if a particular condition is not covered.
Level I Drugs (Primarily Generic) and Level II Drugs (Primarily Brand)
Level 1 and Level II Drugs listed in the Health Net Recommended Drug List (also referred to as "the List") are
covered, when dispensed by Participating Pharmacies and prescribed by a Physician from your selected Physi-
cian Group, an authorized referral Specialist or an emergent or urgent care Physician. Some Level I and Level I I
Drugs require Prior Authorization from Health Net in order to be covered. The fact that a drug is listed in the
Recommended Drug List does not guarantee that your Physician will prescribe it for you for a particular medical
condition.
Level III Drugs
Level III Drugs are Prescription Drugs that may be Generic Drugs or Brand Name Drugs, and are either:
• Specifically listed as Level III on the Recommended Drug List; or
• Not listed in the Health Net Recommended Drug List and are not excluded or limited from coverage.
Some Level III Drugs require Prior Authorization from Health Net in order to be covered.
Please refer to the "Recommended Drug List" portion of this section for more details.
Generic Equivalents to Brand Name Drugs
Generic Drugs will be dispensed when a Generic Drug equivalent is available, unless the Prescription Drug Order
states "do not substitute," "dispense as written," or words of similar meaning in the Physician's handwriting, in
which case the specified drug will be dispensed. However, when a Generic Drug equivalent is available and a
Brand Name Drug is dispensed, you must pay the following:
• the Level I Drug Copayment; plus
• the difference between the cost of the Generic Drug and the Brand Name Drug.
However, if the Prescription Drug Order states "do not substitute," "dispense as written," or words of similar
meaning in the Physician's handwriting, only the Level II or Level III Drug Copayment, as appropriate, will be
applicable.
Off -Label Drugs
A Prescription Drug prescribed for a use that is not stated in the indications and usage information published by
the manufacturer is covered only if the drug is:
• Approved by the Food and Drug Administration.
• Prescribed or administered by a participating licensed health care professional for the treatment of:
1. A life -threatening condition; or
2. A chronic and seriously debilitating condition in which the drug is determined to be Medically Necessary
to treat such condition.
• Recognized for treatment of the life -threatening or chronic and seriously debilitating condition by one of the
following:
1. The American Medical Association Drug Evaluations.
2. The American Hospital Formulary Service Drug Information.
Page 36 ('o..ered Sen�icer and Supplies tir" tinn 500
3. The United States Pharmacopoeia Dispensing Information, Volume 1, "Drug Information for the Health
Care Professional."
4. Two articles from major peer reviewed medical journals that present data supporting the proposed off -
label use or uses as generally safe and effective unless there is clear and convincing contradictory evi-
dence presented in a major peer reviewed medical journal.
Otherwise Medically Necessary.
The following definitions apply to the terms mentioned in this provision only.
"Life -threatening" means either or both of the following:
• Diseases or conditions where the likelihood of death is high unless the course of the disease is interrupted_
• Diseases or conditions with potentially fatal outcomes, where the end point of clinical intervention is survival.
• "Chronic and seriously debilitating" refers to diseases or conditions that require ongoing treatment to maintain
remission or prevent deterioration and cause significant long-term morbidity.
Diabetic Drugs and Supplies
Prescription Drugs for the treatment of diabetes (including insulin) are covered as stated in the Recommended
Drug List. Diabetic supplies are also covered including, but not limited, to specific brands of pen delivery systems,
specific brands of disposable insulin needles and syringes, disposable insulin pen needles; specific brands of
blood glucose monitors and testing strips, Ketone test strips, lancet puncture devices and lancets when used in
monitoring blood glucose levels. Additional supplies are covered under the medical benefit. Please refer to the
Medical Services and Supplies" portion of this Section, under "Diabetic Equipment," for additional information.
Refer to "Schedule of Benefits and Copayments," Section 200, for details about the supply amounts that are
covered and the applicable Copayment.
Drugs and Equipment for the Treatment of Asthma
Prescription Drugs for the treatment of asthma are covered as stated in the Recommended Drug List. Inhaler
spacers and peak flow meters used for the management and treatment of asthma are covered when Medically
Necessary. Nebulizers (including face masks and tubing) are covered under the medical benefit. Please refer to
the "Medical Services and Supplies" portion of this section under "Durable Medical Equipment" for additional
information.
Smoking Cessation Coverage
Drugs that require a prescription in order to be dispensed for the relief of nicotine withdrawal symptoms are
covered for the course of therapy stated in the "Prescription Drugs" portion of "Exclusions and Limitations,"
Section 600 and if the Member is concurrently enrolled in a comprehensive smoking cessation behavioral support
program. The prescribing Physician must request Prior Authorization for coverage. For information regarding
smoking cessation behavioral support programs available through Health Net, contact Member Services at the
telephone number on your Health Net ID card or visit the Health Net website at www.healthnet.com.
Sexual Dysfunction Drugs
Drugs that establish, maintain or enhance sexual functioning are covered for sexual dysfunction when Medically
Necessary. These Prescription Drugs are covered up to eight doses per month after Health Net has provided
Prior Authorization.
Contraceptives
Oral contraceptives and emergency contraceptives are covered. Vaginal contraceptive devices include dia-
phragms and cervical caps and are only covered when a Member Physician performs a fitting examination and
prescribes the device. Such devices are only available through a prescription from a pharmacy and limited to one
fitting and prescription per Calendar Year unless additional fittings or devices are Medically Necessary. For a
complete list of contraceptive products covered under the Prescription Drug benefit, please refer to the Recom-
mended Drug List. Injectable contraceptives are covered as a medical benefit when administered by a Physician.
Please refer to "Schedule of Benefits and Copayments," Section 200, under the heading "Family Planning" for
information regarding contraceptives covered under the medical benefit. Additional contraceptive supplies and
Section 500 Covered! Sen ices and Supplies Page 37
devices may be covered, refer to the "Medical Services and Supplies" portion of this section under the heading
"Family Planning" for more information.
Appetite Suppressants or Drugs for Body Weight Reduction
Drugs that require a prescription in order to be dispensed for the treatment of obesity are covered when Medically
Necessary for the treatment of morbid obesity. The prescribing Physician must request and obtain Prior Authori-
zation for coverage.
The Recommended Drud List
What Is the Health Net Recommended Drug List?
Health Net developed the Recommended Drug List to identify the safest and most effective medications for
Health Net Members while attempting to maintain affordable pharmacy benefits. We specifically suggest to all
Health Net contracting Physicians and Specialists that they refer to this List when choosing drugs for patients who
are Health Net Members. When your Physician prescribes medications listed in the Recommended Drug List, it is
ensured that you are receiving a high quality and high value prescription medication. In addition, the Recom-
mended Drug List identifies whether a Generic version of a Brand Name Drug exists and whether the drug
requires Prior Authorization. If the Generic version exists, it will be dispensed instead of the Brand Name version.
You may call the Member Services Department at the telephone number on your Health Net ID Card to find out if
a particular drug is listed in the Recommended Drug List. You may also request a copy of the current List and it
will be mailed to you. The current List is also available on the Health Net website at www.healthnet.com.
How Are Drugs Chosen for the Health Net Recommended Drug List?
The List is created and maintained by the Health Net Pharmacy and Therapeutics Committee. Before deciding
whether to include a drug on the List, the Committee reviews medical and scientific publications, relevant utiliza-
tion experience and Physician recommendations to assess the drug for its:
• Safety
• Effectiveness
• Cost-effectiveness (when there is a choice between two drugs having the same effect, the less costly,drug will
be listed)
• Side effect profile
• Therapeutic outcome
This Committee has quarterly meetings to review medications and to establish policies and procedures for drugs
included in the List. The Recommended Drug List is updated as new clinical information and medications are
approved by the FDA.
Who Is on the Health Net Pharmacy and Therapeutic Committee and How Are Decisions Made?
The Committee is made up of actively practicing Physicians of various medical specialties from Health Net
Physician Groups, as well as clinical pharmacists. Voting members are recruited from contracting Physician
Groups throughout California based on their experience, knowledge and expertise. In addition, the Pharmacy and
Therapeutics Committee frequently consults with other medical experts to provide additional input to the Commit-
tee. A vote is taken before a drug is added to the Recommended Drug List. The voting members are not employ-
ees of Health Net. This ensures that decisions are unbiased and without conflict of interest.
Prior Authorization Process
Prior Authorization status is included in the Recommended Drug List — The List identifies which drugs
require Prior Authorization. A Physician must get approval from Health Net before writing a Prescription Drug
Order for a drug that is listed as requiring Prior Authorization, in order for the drug to be covered by Health Net. If
a drug is not on the List, your Physician should call Health Net to determine if the drug requires Prior Authoriza-
tion.
Urgent requests from Physicians are handled in a timely fashion, not to exceed 72 hours, as appropriate and
Medically Necessary, for the nature of the Member's condition after Health Net's receipt of the information
reasonably necessary and requested by Health Net to make the determination. Routine requests from Physicians
are processed in a timely fashion, not to exceed 5 days, as appropriate and Medically Necessary, for the nature of
Page 38 C overe�i Sen ices and SuppliP SNP /iuq SU(1
the Member's condition after Health Net's receipt of the information reasonably necessary and requested by
Health Net to make the determination. Requests may be submitted by telephone or facsimile. Health Net will
evaluate the submitted information upon receiving your Physician's request for Prior Authorization and make a
determination based on established clinical criteria for the particular medication. The criteria used for Prior
Authorization are developed and based on input from the Health Net Pharmacy and Therapeutics Committee as
well as Physician experts. Your Physician may contact Health Net to obtain the usage guidelines for specific
medications.
Once a medication is approved, its authorization becomes effective immediately.
Retail Pharmacies and the Mail Order Program
Purchase Drugs at Participating Pharmacies
You must purchase covered drugs at a Participating Pharmacy to receive the highest available benefits for
Prescription Drugs under this Plan.
Health Net is contracted with many major pharmacies, supermarket -based pharmacies and privately owned
pharmacies in California. To find a conveniently located Participating Pharmacy please visit our website at
www.healthnet com or call the Member Services Department at the telephone number on your Health Net ID
card. Present the Health Net ID Card and pay the appropriate Copayment when the drug is dispensed.
Up to a 30-consecutive-calendar-day supply is covered for each Prescription Drug Order. In some cases, a 30-
consecutive-calendar-day supply of medication may not be an appropriate drug treatment plan according to the
Food and Drug Administration (FDA) or Health Net's usage guidelines. Medications taken on an "as -needed"
basis may have a Copayment based on a specific quantity, standard package, vial, ampoule, tube, or other
standard units. In such a case, the amount of medication dispensed may be less than a 30-consecutive-calendar
day supply. If Medically Necessary, your Physician may request a larger quantity from Health Net.
If refills are stipulated on the Prescription Drug Order, a Participating Pharmacy may dispense up to a 30-
consecutive-calendar-day supply for each Prescription Drug Order or for each refill at the appropriate time
interval. If the Health Net ID Card is not available or eligibility cannot be determined:
• Pay the entire cost of the drug; and
• Submit a claim for possible reimbursement.
Health Net will reimburse you for the cost of the Prescription Drug, less any required Copayment shown in
"Schedule of Benefits and Copayments," Section 200.
Nonparticipating Pharmacies and Emergencies
During the first 30 days of your coverage, Prescription Drugs will be covered if dispensed by a Nonparticipating
Pharmacy, but only if you are a new Member and have not yet received your Health Net ID Card. After 30 days,
Prescription Drugs dispensed by a Non -Participating Pharmacy will be covered only for Emergency Care or
Urgently Needed Care, as defined in "Definitions," Section 900.
If the above situations apply to you:
• Pay the full cost of the Prescription Drug that is dispensed; and
• Submit a claim to Health Net for possible reimbursement.
Health Net will reimburse you Prescription Drug covered expenses, less any required Copayment shown in
"Schedule of Benefits and Copayments," Section 200.
If you present a Prescription Order for a Brand Name Drug, the pharmacist will offer a Generic Drug equivalent if
commercially available. In cases of Emergency or Urgently Needed Care, you should advise the treating Physi-
cian of any drug allergies or reactions, including to any Generic Drugs.
There are no benefits through Nonparticipating Pharmacies after 30 days of coverage or if the Prescription Drug
was not purchased for Emergency or Urgently Needed Care.
Note: "Prescription Drug" portion of "Exclusions and Limitations," Section 600, of this Evidence of Coverage and
the requirements of the Recommended Drug List described above still apply when Prescription Drugs are
dispensed by a Nonparticipating Pharmacy.
Section 500 Covered Services and Supplies Page 39
Claim forms will be provided by Health Net upon request or may be obtained from the Health Net website at
www.healthnet.com.
Drugs Dispensed by Mail Order
If your prescription is for a Maintenance Drug, you have the option of filling it through our convenient mail order
program. To receive Prescription Drugs by mail send the following to the designated mail order administrator:
• The completed Prescription Mail Order Form;
• The original Prescription Drug Order (not a copy) written for up to a 90-consecutive-calendar-day-supply of a
Maintenance Drug, when appropriate; and
• The appropriate Copayment.
You may obtain a Prescription Mail Order Form and further information by contacting the Member Services
Department at the telephone number on your Health Net ID Card.
The mail order administrator may dispense up to a 90-consecutive-calendar-day supply of a covered Maintenance
Drug and each refill allowed by that order. The required Copayment applies each time a drug is dispensed. In
some cases, a 90-consecutive-calendar-day supply of medication may not be an appropriate drug treatment plan,
according to Food and Drug Administration (FDA) or Health Net's usage guidelines. If this is the case, the mail
order may be less than a 90-consecutive-calendar-day supply.
Note: Schedule II narcotic drugs are not covered through our mail order program. Refer to the "Prescription Drug"
portion of "Exclusions and Limitations," Section 600 for more information.
Pane 40 Covered Services and Si�pplie� Sc c lion 500
Mental Disorders and Chemical Dependency
Subsection-C
Please read the "Mental Disorders and Chemical Dependency "portion of "Exclusions and Limitations, "Section
600.
The Mental Health and Chemical Dependency benefits are administered by a specialized health care service Plan
which contracts with Health Net to underwrite and administer these benefits.
To be covered, the Behavioral Health Administrator must authorize these services and supplies. In an emergency,
call 911 or contact the Behavioral Health Administrator at the telephone number shown on your Health Net ID
Card before receiving care.
The Behavioral Health Administrator will refer you to a nearby Participating Mental Health Professional or partici-
pating independent physician or provider association (IPA) sub -contracted by the Behavioral Health Administrator.
That professional or association will evaluate you to determine if additional treatment is necessary. If you need
treatment, the Participating Mental Health Professional or IPA will develop a treatment plan and submit that plan
to the Behavioral Health Administrator for review. When authorized by the Behavioral Health Administrator or sub-
contracted entity thereof, the proposed services will be covered by this Plan.
If the Behavioral Health Administrator does not approve the treatment plan, no further services or supplies will be
covered for that condition. However, the Behavioral Health Administrator may direct you to community resources
where alternative forms of assistance are available.
Transition of Care For New Enrollees
If you are receiving ongoing care for an acute, serious or chronic mental health condition from a non -Participating
Mental Health Professional at the time you enroll with Health Net, we may temporarily cover services from a
provider not affiliated with the Behavioral Health Administrator, subject to applicable Copayments and any other
exclusions and limitations of this Plan.
Your non -Participating Mental Health Professional must be willing to accept the Behavioral Health Administrator's
standard mental health provider contract terms and conditions and be located in the Plan's service area.
If you would like more information on how to request continued care, or request a copy of our continuity of care
policy, please call the Member Services Department at the telephone number on your Health Net ID Card.
The following benefits are provided:
Outpatient Services
Outpatient crisis intervention, short-term evaluation and therapy, longer -term specialized therapy, and any
rehabilitative care that is related to Chemical Dependency are covered for up to the maximum number of visits
shown in "Schedule of Benefits and Copayments," Section 200. Medication management care is also covered
when appropriate.
Second Opinion
You may request a second opinion when:
• Your Participating Mental Health Professional renders a diagnosis or recommends a treatment plan that you
are not satisfied with;
• You are not satisfied with the result of the treatment you have received;
• You question the reasonableness or necessity of recommended surgical procedures;
• You are diagnosed with, or a treatment plan is recommended for, a condition that threatens loss of life, limb or
bodily function or a substantial impairment, including but not limited to a Serious Chronic Condition;
• Your Primary Care Physician or a referral Physician is unable to diagnose your condition or test results are
conflicting.
• The treatment plan in progress is not improving your medical condition within an appropriate period of time for
the diagnosis and plan of care; or
Section 500 Covered Services and Supplies Page 41
• If you have attempted to follow the plan of care you consulted with the initial Primary Care Physician or a
referral Physician due to serious concerns about the diagnosis or plan of care.
To request an authorization for a second opinion contact the Behavioral Health Administrator. Participating Mental
Health Professionals will review your request in accordance with the Behavioral Health Administrator's second
opinion policy. When you request a second opinion, you will be responsible for any applicable Copayments.
Second opinions will only be authorized for Participating Mental Health Professionals, unless it is demonstrated
that an appropriately qualified Participating Mental Health Professional is not available. The Behavioral Health
Administrator will ensure that the provider selected for the second opinion is appropriately licensed and has
expertise in the specific clinical area in question.
Any service recommended must be authorized by the Behavioral Health Administrator in order to be covered.
Inpatient Services
Inpatient treatment of a Mental Disorder or Chemical Dependency is covered for up to the maximum number of
days shown in "Schedule of Benefits and Copayments," Section 200, under "Inpatient Hospital Services" portion.
Covered services and supplies include:
• Accommodations in a room of two or more beds, including special treatment units, such as intensive care
units and psychiatric care units, unless a private room is determined to be Medically Necessary.
• Supplies and ancillary services normally provided by the facility, including professional services, laboratory
services, drugs and medications dispensed for use during the confinement, psychological testing and individ-
ual, family or group therapy or counseling.
• Medically Necessary services in a Residential Treatment Center are covered except as stated in the "Mental
Disorders and Chemical Dependency" portion of "Exclusions and Limitations," Section 600.
Detoxification
Inpatient services for acute detoxification and treatment of acute medical conditions relating to Chemical Depend-
ency are covered, except as stated in "Mental Disorders and Chemical Dependency" portion of "Exclusion and
Limitations," Section 600.
Serious Emotional Disturbances of a Child (SED)
The treatment and diagnosis of Serious Emotional Disturbances of a Child under the age of 18 is covered as
shown in "Schedule of Benefits and Copayments," Section 200.
Severe Mental Illness
Treatment of Severe Mental Illness is covered as shown in "Schedule of Benefits and Copayments," Section 200.
Look under the headings for office visits, outpatient services and inpatient Hospital services to determine the
applicable Copayment.
Covered services include treatment of:
• Schizophrenia
• Schizoaffective disorder
• Bipolar disorder (manic-depressive illness)
• Major depressive disorders
• Panic disorder
• Obsessive -compulsive disorder
• Pervasive developmental disorder (including Autistic Disorder, Rett's Disorder, Childhood Disintegrative
Disorder, Asperger's Disorder and Pervasive Developmental Disorder not otherwise specified to include Atypi-
cal Autism, in accordance with the most recent edition of the Diagnostic and Statistical Manual for Mental Disor-
ders)
• Autism
Page 42 CovPrPd Servi�� s and Supplies Sf c tion 500
• Anorexia nervosa
• Bulimia nervosa
Section 600 Exclusions and I -irritations Pape 43
Section-600
EXCLUSIONS AND LIMITATIONS
It is extremely important to read this section before you obtain services in order to know what Health Net
will and will not cover.
Subsection -A
Services and Supplies
The exclusions and limitations in this subsection apply to any category or classification of services and supplies
described throughout this Evidence of Coverage.
Health Net does not cover the services or supplies listed below. Also, services or supplies that are
excluded from coverage in the Evidence of Coverage, exceed Evidence of Coverage limitations or are
Follow -Up Care (or related to Follow -Up Care) to Evidence of Coverage exclusions or limitations, will not
be covered. However, the Plan does cover Medically Necessary services for medical conditions directly
related to non -covered services when complications exceed routine Follow -Up Care (such as life -
threatening complications of cosmetic surgery).
Clinical Trials
Although routine patient care costs for clinical trials are covered, as described in the "Medical Services and
Supplies" portion of "Covered Services and Supplies," Section 500, coverage for clinical trials does not include
the following items:
• Drugs or devices that are not approved by the FDA;
• Services other than health care services, including but not limited to cost of travel or costs of other non -clinical
expenses;
• Services provided to satisfy data collection and analysis needs which are not used for clinical management;
• Health care services that are specifically excluded from coverage under this Evidence of Coverage; and
• Items and services provided free of charge by the research sponsors to Members in the trial.
Custodial or Domiciliary Care
This Plan does not cover services and supplies that are provided primarily to assist with the activities of daily
living, regardless of where performed.
Custodial Care is not covered even when the patient is under the care of a supervising or attending Physician and
services are being ordered and prescribed to support and generally maintain the patient's condition or provide for
the patient's comforts or ensure the manageability of the patient. Furthermore, Custodial Care is not covered even
if ordered and prescribed services and supplies are being provided by a registered nurse, a licensed vocational
nurse, a licensed practical nurse, a Physician Assistant or physical therapist.
Disposable Supplies for Home Use
This Plan does not cover disposable supplies for home use.
Experimental or Investigational Services
Experimental or Investigational drugs, devices, procedures or other therapies are only covered when:
• Independent review deems them appropriate, please refer to the "Independent Medical Review of Investiga-
tional or Experimental Therapies" portion of "General Provisions," Section 700, for more information; or
• Clinical trials for cancer patients are deemed appropriate according to the "Medical Services and Supplies"
portion of "Covered Services and Supplies," Section 500.
In addition, benefits will also be provided for services and supplies to treat medical complications caused by
Experimental or Investigational services or supplies.
Page 44 Gxclr�sion c and la(ion s 4 S< < nun 60U
Ineligible Stratus
This Plan does not cover services or supplies provided before the Effective Date of coverage. Services or
supplies provided after coverage through this Plan has ended are not covered, except as specified in "Extension
of Benefits" portion of "Eligibility, Enrollment and Termination," Section 400.
A service is considered provided on the day it is performed. A supply is considered provided on the day it is
dispensed.
No -Charge Items
This Plan does not cover reimbursement to the Member for services or supplies for which the Member is not
legally required to pay the provider or for which the provider pays no charge.
Personal or Comfort Items
This Plan does not cover personal or comfort items.
Unlisted Services
This Plan only covers services or supplies that are specified as covered services or supplies in this Evidence of
Coverage, unless coverage is required by state or federal law.
Subsection-13
Medical Services and Supplies
In addition to the exclusions and limitations shown in "Services and Supplies" portion of this section, the following
exclusions and limitations apply to medical services and supplies:
Blood
Blood transfusions, including blood processing, the cost of blood, unreplaced blood and blood products, are
covered. Self -donated (autologous) blood transfusions are covered only for a surgery that the contracting Physi-
cian Group or Health Net has authorized and scheduled.
This Plan does not cover treatments which use umbilical cord blood, cord blood stem cells or adult stem cells (nor
their collection, preservation and storage) as such treatments are considered to be Experimental or Investiga-
tional in nature. See "General Provisions," Section 700, for the procedure to request an Independent Medical
Review of a Plan denial of coverage on the basis that it is considered Experimental or Investigational.
Conception by Medical Procedures
Artificial insemination is covered when a female Member or her male partner is infertile (refer to Infertility in
"Definitions," Section 900). However, if only the male partner is a Member and the female partner (who is not a
member) is infertile, artificial insemination will not be covered. The collection, storage or purchase of sperm is not
covered.
Other services or supplies that are intended to impregnate a woman are not covered. Excluded procedures
include, but are not limited to:
• In -vitro fertilization (IVF), gamete intrafallopian transfer (GIFT), zygote intrafallopian transfer (ZIFT) or any
process that involves harvesting, transplanting or manipulating a human ovum. Also not covered are services
or supplies (including injections and injectable medications) which prepare the Member to receive these
services.
• Collection, storage or purchase of sperm or ova.
Contraceptives
Vaginal, oral contraceptives and emergency contraceptives are covered as described in the "Prescription Drugs"
portion of "Covered Services and Supplies" Section 500. Vaginal contraceptives include diaphragms and cervical
caps, and are only covered when a Physician performs a fitting examination and prescribes the device. Such
devices are only available through a prescription from a pharmacy and limited to one fitting and prescription per
Calendar Year unless additional fittings or devices are Medically Necessary.
Injectable contraceptives (which are administered by a Physician) are covered as a medical benefit. If your
Physician determines that none of the methods specified as covered by the Plan are medically appropriate, then
Section 600 Exclusions and Uinitations Page 45
the Plan will provide coverage for another FDA approved prescription or contraceptive method as prescribed by
your Physician.
Cosmetic Services and Supplies
Cosmetic surgery or services and supplies performed to alter or reshape normal structures of the body solely to
improve the physical appearance of a Member are not covered. However, the Plan does cover Medically Neces-
sary services and supplies for complications which exceed routine Follow Up Care that is directly related to
cosmetic surgery (such as life -threatening complications). In addition, hair transplantation, hair analysis, hair-
pieces and wigs, chemical face peels, abrasive procedures of the skin, liposuction or epilation are not covered.
However, when reconstructive surgery is performed to correct or repair abnormal structures of the body caused
by, congenital defects, developmental abnormalities, trauma, infection, tumors or disease and such surgery does
either of the following:
• Improve function;
• Create a normal appearance to the extent possible;
then
• Surgery to remove or change the size (or appearance) of any part of the body;
• Surgery to reform or reshape skin or bone; or
• Surgery to remove or reduce skin or tissue are covered.
In addition, when a Medically Necessary mastectomy has been performed, the following are covered:
• Breast reconstruction surgery; and
• Surgery performed on either breast to restore or achieve symmetry (balanced proportions) in the breasts.
Health Net and the contracting Physician Group determine the feasibility and extent of these services, except that,
the length of Hospital stays related to mastectomies and lymph node dissections will be determined solely by the
Physician and no Prior Authorization for determining the length of stay is required.
The coverage described above in relation to a Medically Necessary mastectomy complies with requirements
under the Women's Health and Cancer Rights Act of 1998.
Dental Services
Dental services or supplies are limited to the following situations:
• When immediate Emergency Care to sound natural teeth as a result of an accidental injury is required.
Please refer to "Emergency and Urgently Needed Care" portion of "Introduction to Health Net," Section 100,
for more information.
• General anesthesia and associated facility services are covered when the clinical status or underlying medical
condition of the Member requires that an ordinarily non -covered dental service which would normally be
treated in a dentist's office and without general anesthesia must instead be treated in a Hospital or Outpatient
Surgical Center. The general anesthesia and associated facility services must be Medically Necessary, are
subject to the other exclusions and limitations of this Evidence of Coverage and will only be covered under
the following circumstances (a) Members who are under seven years of age or, (b) Members who are devel-
opmentally disabled or (c) Members whose health is compromised and general anesthesia is Medically Nec-
essary.
• When dental examinations and treatment of the gingival tissues (gums) are performed for the diagnosis or
treatment of a tumor.
The following services are not covered under any circumstances.
• Routine care or treatment of teeth and gums including but not limited to dental abscesses, inflamed tissue or
extraction of teeth.
Pane 46 Exclusions arui I inu1mions Section Lion 600
• Spot grinding, restorative or mechanical devices, orthodontics, inlays or onlays, crowns, bridgework, dental
splints or orthotics (whether custom fit or not), or other dental appliances and related surgeries to treat dental
conditions
• Dental implants (materials implanted into or on bone or soft tissue) and any surgery to prepare the jaw for
implants.
• Follow-up treatment of an injury to sound natural teeth as a result of an accidental injury regardless of reason
for such services.
Dietary or Nutritional Supplements
Dietary, nutritional supplements and specialized formulas are not covered except when prescribed for the treat-
ment of Phenylketonuria (PKU) (see the "Phenylketonuria" portion of "Covered Services and Supplies," Section
500) .
Disorders of the Jaw
Treatment for disorders of the jaw is limited to the following situations:
• Surgical procedures to correct abnormally positioned or improperly developed bones of the upper or lower jaw
are covered when such procedures are Medically Necessary. However, spot grinding, restorative or mechani-
cal devices; orthodontics, inlays or onlays, crowns, bridgework, dental splints (whether custom fit or not), den-
tal implants or other dental appliances and related surgeries to treat dental conditions are not covered under
any circumstances.
• Custom made oral appliances (intra-oral splint or occlusal splint) and surgical procedures to correct disorders
of the temporomandibular (jaw) joint (also known as TMD or TMJ disorders) are covered if they are Medically
Necessary. However, spot grinding, restorative or mechanical devices, orthodontics inlays or onlays, crowns,
bridgework, dental splints, dental implants or other dental appliances to treat dental conditions related to
TMD/TMJ disorders are not covered.
TMD/TMJ disorders are generally caused when the chewing muscles and jaw joint do not work together cor-
rectly and may cause headaches, tenderness in the jaw muscles, tinnitus or facial Pain.
Durable Medical Equipment
Although this Plan covers Durable Medical Equipment, it does not cover the following items:
• Exercise equipment
• Hygienic equipment and supplies (to achieve cleanliness even when related to other covered medical
services)
• Stockings, corrective shoes and arch supports
• Surgical dressings other than primary dressings that are applied by your Physician Group or a Hospital to
lesions of the skin or surgical incisions.
• Jacuzzis and whirlpools
• Orthotics, unless custom made to fit the Member's body. (Orthotics are supports, casts or braces for weak or
ineffective joints or muscles.)
• Orthodontic appliances to treat dental conditions related to the treatment of the temporomandibular (jaw) joint
(also known as TMD or TMJ disorders).
• Corrective footwear, (whether or not custom fit) that are not incorporated into cast, splint, brace or strapping
of the foot.
The Plan covers Medically Necessary diabetic supplies as shown in "Medical Supplies" portion of "Schedule of
Benefits and Copayments," Section 200 and "Diabetic Equipment" portion of "Covered Services and Supplies,"
Section 500. Visual aids (excluding eyewear) to assist the visually impaired in the proper dosing of insulin are
covered as described in the "Prostheses" portion of the "Covered Services and Supplies" Section 500.
Genetic Testing and Diagnostic Procedures
Genetic testing is covered when determined by Health Net to be Medically Necessary. The prescribing Physician
must request Prior Authorization for coverage. Genetic testing will not be covered for non -medical reasons or
when a Member has no medical indication or family history of a genetic abnormality.
Section 600 Exclusions and Limitations Page 47
Hearing Aids
This Plan does not cover any device inserted in or affixed to the outer ear to improve hearing.
Home Birth
A birth which takes place at home will be covered only when the criteria for Emergency Care, as defined in this
Evidence of Coverage, have been met.
Non -eligible Institutions
This Plan only covers services or supplies provided by a legally operated Hospital, Medicare -approved Skilled
Nursing Facility or other properly licensed facility specified as covered in this Evidence of Coverage. Any institu-
tion that is primarily a place for the aged, a nursing home or a similar institution, regardless of how it is desig-
nated, is not an eligible institution. Services or supplies that are provided by such institutions are not covered.
Nonprescription (Over -the -Counter) Drugs, Equipment and Supplies
Medical equipment and supplies (including insulin), that are available without a prescription, are covered only
when prescribed by a Physician for the management and treatment of diabetes.
Any other nonprescription or over-the-counter drugs, medical equipment or supplies that can be purchased
without a Prescription drug order is not covered even if a Physician writes a Prescription drug order for such drug,
equipment or supply unless listed in the Recommended Drug List. However, if a higher dosage form of a nonpre-
scription drug or over-the-counter drug is only available by prescription, that higher dosage drug may be covered
when Medically Necessary.
If a drug that was previously available by prescription becomes available in an over-the-counter (OTC) form in the
same prescription strength, then Prescription Drugs that are similar agents and have comparable clinical effect(s)
will only be covered when Prior Authorization is obtained from Health Net.
Physician Self -Treatment
This Plan does not cover Physician self -treatment rendered in a non -emergency. Physician self -treatment occurs
when Physicians provide their own medical services, including prescribing their own medication, ordering their
own laboratory test and self -referring for their own services. Claims for emergency self -treatment are subject to
review by Health Net.
Physicians Treating Immediate Family Members
This Plan does not cover routine or ongoing treatment or consultation provided by the Member's parent, spouse,
Domestic Partner, child, stepchild or sibling. Members who receive routine or ongoing care from a member of
their immediate family will be reassigned to another Physician.
Prescribed Drugs and Medications
This Plan only covers outpatient Prescription Drugs or medications as described in "Prescription Drug Benefits"
portion of "Covered Services and Supplies," Section 500.
Private Duty Nursing
This Plan does not cover Private Duty Nursing in the home or for registered bed patients in a Hospital or long-
term care facility.
Refractive Eye Surgery
This Plan does not cover eye surgery performed to correct refractive defects of the eye, such as near-sightedness
(myopia), far-sightedness (hyperopia) or astigmatism, unless Medically Necessary, recommended by the Mem-
ber's treating Physician and authorized by Health Net.
Rehabilitation Therapy
Coverage for rehabilitation therapy is limited to Medically Necessary services provided by a licensed physical,
speech or occupational therapist for treatment of conditions resulting from a Defined Disease, injury or surgical
procedure. The services must be at a level of complexity that requires the judgment, knowledge and skills of a
licensed physical, speech or occupational therapist, be based on a treatment plan and be provided by such
therapist or under the therapist's direct supervision. Such services are not covered when medical documentation
does not support the Medical Necessity because of the Member's inability to progress toward the treatment plan
goals or when a Member has already met the treatment plan goals. See "General Provisions," Section 700, for
Pale 48 Fx—lusions and Li,ratation r Seaton 600
the procedure to request Independent Medical Review of a Plan denial of coverage on the basis of Medical
Necessity.
Reversal of Surgical Sterilization
This Plan does not cover services to reverse voluntary, surgically induced sterility.
Routine Physical Examinations
This Plan does not cover routine physical examinations for insurance, licensing, employment, school, camp, or
other nonpreventive purposes.
Sex Change
This Plan does not cover procedures or treatment related to changing a Member's physical characteristics to
those of the opposite sex.
Sexual Dysfunction Drugs
Drugs (including injectable medications) prescribed for the treatment of sexual dysfunction are not covered.
Services Not Related To Covered Condition, Illness Or Injury
Any services or supplies not related to the diagnosis or treatment of a covered condition, illness or injury. However,
the Plan does cover Medically Necessary services or supplies for medical conditions directly related to non -covered
services when complications exceed routine Follow -Up Care (such as life -threatening complications of cosmetic
surgery).
Surrogate Pregnancy
This Plan covers services for a surrogate pregnancy when the surrogate is a Health Net Member. When compen-
sation is obtained for the surrogacy, the Plan shall have a lien on such compensation to recover its medical
expense. A surrogate pregnancy is one in which a woman has agreed to become pregnant with the intention of
surrendering custody of the child to another person.
Treatment of Obesity
Treatment or surgery for obesity, weight reduction or weight control is limited to the treatment of morbid obesity.
Unauthorized Services and Supplies
This Plan only covers medical services or supplies that are authorized by Health Net or the Physician Group
according to Health Net's procedures, except for emergency services.
Vision Therapy, Eyeglasses and Contact Lenses
This Plan does not cover vision therapy, eyeglasses or contact lenses. However, this exclusion does not apply to
an implanted lens that replaces the organic eye lens.
Section 600 Exclusions and Limitations Page 49
Subsection-C
Prescription Drugs
The exclusions and limitations in the "Services and Supplies" and "Medical Services and
Supplies" portions of this section also apply to coverage of Prescription Drugs.
Note: Services or supplies excluded under the Prescription Drug benefits may be covered under
your medical benefits portion of this Evidence of Coverage. Please refer to the "Medical Ser-
vices and Supplies" portion of "Covered Services and Supplies," Section 500, for more informa-
tion.
Additional exclusions and limitations:
Allergy Serum
Products to lessen or end allergic reactions are not covered. Allergy serum is covered as a medical benefit. See
"Allergy, Immunizations and Injections" portion of "Schedule of Benefits and Copayments," Section 200 and
"Immunizations and Injections" portion of "Covered Services and Supplies," Section 500.
Appetite Suppressants or Drugs for Body Weight Reduction
Drugs prescribed for the treatment of obesity are covered when Medically Necessary for the treatment of morbid
obesity. In such cases the drug will be subject to Prior Authorization from Health Net.
Compounded Drugs
Prescription orders that are combined or manufactured by the pharmacist and placed in an ointment, capsule,
tablet, solution, suppository, cream or other form using FDA approved drugs, are covered at the Level III Drug
Copayment. Coverage for compounded drugs is subject to Prior Authorization by the Plan and Medical Necessity.
Compounded Drugs are not covered if there is a similar proprietary product available.
Contraceptives
Oral contraceptives and emergency contraceptives are covered. Vaginal contraceptives include diaphragms and
cervical caps and are only covered when a Member Physician performs a fitting examination and prescribes the
device. Such devices are only available through a prescription from a pharmacy and are limited to one fitting and
prescription per Calendar Year unless additional fittings or devices are Medically Necessary. Injectable contracep-
tives are covered as a medical benefit when administered by a Physician. If your Physician determines that none
of the methods specified as covered by the Plan are medically appropriate then the Plan will provide coverage for
another FDA approved prescription or contraceptive method as prescribed by your Physician.
Devices
Coverage is limited to vaginal contraceptive devices, peak flow meters, inhaler spacers, and those devices listed.
under "Diabetic Drugs and Supplies" provisions of "Prescription Drugs" portion of "Covered Services and Sup-
plies," Section 500. No other devices are covered even if prescribed by a Member Physician.
Diagnostic Drugs
Drugs used for diagnostic purposes are not covered. Diagnostic drugs are covered under the medical benefit
when Medically Necessary.
Dietary or Nutritional Supplements
Drugs used as dietary or nutritional supplements, including vitamins and herbal remedies, are limited to drugs that
are listed in the Recommended Drug List. Phenylketonuria (PKU) is covered under the medical benefit (see the
"Phenylketonuda" portion of "Covered Services and Supplies," Section 500).
Drugs Prescribed for the Common Cold
Drugs when prescribed to shorten the duration of the common cold are not covered.
Drugs Prescribed by a Dentist
Drugs prescribed for routine dental treatment are not covered.
"'age 50 1'1c1usions and Limitations Section 000
Drugs Prescribed for Cosmetic or Enhancement Purposes
Drugs that are prescribed for the following non -medical conditions are not covered: hair loss, sexual performance,
athletic performance, cosmetic purposes, anti -aging for cosmetic purposes and, mental performance. Examples
of drugs that are excluded when prescribed for such conditions include, but are not limited to, Penlac, Renova,
Retin-A, Vaniqua, Propecia, or Lustra. This exclusion does not exclude coverage for drugs when pre -authorized
as Medically Necessary to treat a diagnosed medical condition affecting memory, including but not limited to,
Alzheimer's dementia.
Food and Drug Administration (FDA)
Supply amounts for prescriptions that exceed the FDA's or Health Net's indicated usage recommendation are not
covered unless Medically Necessary and Prior Authorization is obtained from Health Net.
Hypodermic Syringes and Needles
Hypodermic syringes and needles are limited to disposable insulin needles and syringes, and specific brands of
pen devices. Needles and syringes required to administer self -injected medications (other than insulin) will be
provided when obtained through Health Net's Specialty Pharmacy Vendor under the Medical benefit (see the
"Immunizations and Injections" portion of "Covered Services and Supplies," Section 500). All other syringes,
devices and needles are not covered.
Injectable Drugs
Injectable drugs obtained through a prescription are limited to insulin when prescribed by a Physician. Other
injectable medications are covered under the medical benefit (see "Immunizations and Injections" portion of
"Covered Services and Supplies," Section 500). Surgically implanted drugs are covered under the medical benefit
(see "Surgically Implanted Drugs" portion of "Covered Services and Supplies," Section 500).
Irrigation Solutions
Irrigation solutions and saline solutions are not covered.
Lost, Stolen or Damaged Drugs
Drugs that are lost, stolen or damaged are not covered. You will have to pay the retail price for replacing them.
Nonapproved Uses
Drugs prescribed for indications approved by the Food and Drug Administration are covered. Off -label use of
drugs is only covered when prescribed or administered by a licensed health care professional for the treatment of
a life -threatening or chronic and seriously debilitating condition as described herein (see "Off -Label Drugs"
provision in "Prescription Drugs" portion of "Covered Services and Supplies," Section 500) or if otherwise Medi-
cally Necessary.
Noncovered Services
Drugs prescribed for a condition or treatment that is not covered by this Plan are not covered. However, the Plan
does cover Medically Necessary drugs for medical conditions directly related to noncovered services when
complications exceed routine Follow -Up Care (such as life -threatening complications of cosmetic surgery).
Nonparticipating Pharmacies
Drugs dispensed by Nonparticipating Pharmacies are not covered, except as specified in "Nonparticipating
Pharmacies and Emergencies" provision of "Covered Services and Supplies," Section 500.
Nonprescription (Over -the -Counter) Drugs, Equipment and Supplies
Medical equipment and supplies (including insulin), that are available without a prescription, are covered only
when prescribed by a Physician for the management and treatment of diabetes.
Any other nonprescription or over-the-counter drugs, medical equipment or supplies that can be purchased
without a Prescription Drug Order is not covered even if a Physician writes a Prescription Drug Order for such
drug, equipment or supply unless it is listed in the Recommended Drug List. However, if a higher dosage form of
a nonprescription drug or over-the-counter drug is only available by prescription, that higher dosage drug may be
covered when Medically Necessary.
Section 600 Exclusions and Limitations Page SI
If a drug that was previously available by prescription becomes available in an over-the-counter (OTC) form in the
same prescription strength, then Prescription Drugs that are similar agents and have comparable clinical effect(s),
will only be covered when Medically Necessary and Prior Authorization is obtained from Health Net.
Physician Is Not a Member Physician
Drugs prescribed by a Physician who is not a Member Physician or an authorized Specialist are not covered,
except when the Physician's services have been authorized or because of a medical emergency condition, illness
or injury or as specifically stated.
Quantity Limitations
Some drugs are subject to specific quantity limitations per Copayment based on recommendations for use by the
FDA or Health Net's usage guidelines. Medications taken on an "as -needed" basis may have a Copayment based
on a specific quantity, standard package, vial, ampoule, tube, or other standard unit. In such a case, the amount
of medication dispensed may be less than a 30-consecutive-calendar-day supply. If Medically Necessary, your
Physician may request a larger quantity from Health Net.
Schedule II Narcotic Drugs
Schedule II narcotic drugs are not covered through mail order. Schedule II drugs are drugs classified by the
Federal Drug Enforcement Administration as having a high abuse risk but also safe and accepted for medical
uses in the United States.
Sexual Dysfunction Drugs
Drugs (including injectable medications) prescribed for treatment of sexual dysfunction are not covered.
Smoking Cessation Coverage
Drugs that require a prescription in order to be dispensed for the relief of nicotine withdrawal symptoms are
covered up to a twelve week course of therapy per Calendar Year if the Member is concurrently enrolled in a
comprehensive smoking cessation behavioral support program. The prescribing Physician must request Prior
Authorization for coverage. For information regarding smoking cessation behavioral support programs available
through Health Net, contact Member Services at the telephone number on your Health Net ID Card or visit the
Health Net website at www.healthnet.com.
Unit Dose or "Bubble" Packaging
Individual doses of medication dispensed in plastic, unit dose or foil packages and dosage forms used for conven-
ience as determined by Health Net, are only covered when Medically Necessary or when the medication is only
available in that form.
Subsection-D
Mental Disorders and Chemical Denendenc
The exclusions and limitations in the "Services and Supplies" and "Medical Services and
Supplies" portions of this section apply to Mental Disorders and Chemical Dependency.
Note: Services or supplies excluded under the Mental Disorders and Chemical Dependency
benefits may be covered under your medical benefits portion of this Evidence of Coverage.
Please refer to the "Medical Services and Supplies" portion of "Covered Services and Supplies,"
Section 500, for more information.
Mental health care as a condition of parole, probation or court -ordered testing for Mental Disorders is limited to
Medically Necessary services and subject to this Plan's day or visit limits as shown in "Schedule of Benefits and
Copayments," Section 200.
Services and supplies for treating Mental Disorders and Chemical Dependency are covered only as specified in
"Mental Disorders and Chemical Dependency" portion of "Covered Services and Supplies," Section 500. The
treatment and diagnosis of Serious Emotional Disturbances of a Child under the age of 18 is covered as shown in
"Schedule of Benefits and Copayments," Section 200. Look under the headings for office visits, outpatient
services and inpatient Hospital services to determine the applicable Copayment.
The following exclusions apply specifically to Mental Disorders and Chemical Dependency.
Page 52 1' r('INsi011s and Limitations ` + Secyon 000
Additional exclusions and limitations:
Aversion Therapy
Therapy intended to change behavior by inducing a dislike for the behavior through association with a noxious
stimulus is not covered.
For Insurance
Services for obtaining or maintaining insurance are not covered
Educational and Employment Services
Services related to educational and professional purposes are not covered, including ancillary services such as:
• Vocational rehabilitation.
• Employment counseling, training or educational therapy for learning disabilities.
• Investigations required for employment.
• Education for obtaining or maintaining employment or for professional certification.
• Education for personal or professional growth, development or training.
• Academic education during residential treatment.
Nonabstinence-Based Treatment
Chemical Dependency treatment not based on abstinence is not covered.
Noncontracting Providers or Facilities
Services, treatment or supplies rendered in a non -emergency by a nonparticipating provider or nonparticipating
facility, are only covered when authorized by the Behavioral Health Administrator's Medical Director or his/her
designee or otherwise provided by the Plan. For infomnation on "Continuity of Care" through a nonparticipating
Mental Health Professional, please see the "Mental Disorders and Chemical Dependency" portion of "Covered
Services and Supplies," Section 500.
This includes, but is not limited to those cases where the Behavioral Health Administrator refers a Member to a
noncontracting provider or authorizes Emergency or Urgently Needed Care or a second opinion.
Noncovered Treatments
The following types of treatment are only covered when provided in connection with covered treatment for a
Mental Disorder or Chemical Dependency:
• Treatment ordered by a court of law.
• Treatment of chronic Pain.
• Treatment for co-dependency.
• Treatment for psychological stress.
• Treatment of marital or family dysfunction.
Treatment for smoking cessation, weight reduction, obesity, stammering, sleeping disorders, stuttering or sexual
addiction is not covered under the Mental Disorders and Chemical Dependency benefits of this Plan. However,
treatment for morbid obesity is covered under the medical benefit as described in "Medical Services and Sup-
plies" in "Covered Services and Supplies," Section 500. Treatment for smoking cessation is covered under the
prescription drug benefit as described in the "Prescription Drug" portion of "Covered Services and Supplies".
Section 500. Treatment related to judicial or administrative proceedings that is not Medically Necessary is also not
covered.
Treatment of Delirium, Dementia, Amnesic Disorders (as defined in the DSM-IV) and Mental Retardation other
than Medically Necessary Services for accompanying behavioral or psychological symptoms if amenable to
psychotherapeutic or psychiatric treatment, is not covered.
In addition, treatment by Providers who are not within licensing categories that are recognized by the Behavioral
Health Administrator as providing Covered Services in accordance with applicable medical community standards
is not covered.
Section 600 Exclusions and limitations Page 53
Nonstandard Therapies
Services that do not meet national standards for professional mental health practice, including, but not limited to,
Erhard/The Forum, primal therapy, bioenergetic therapy applied behavioral analysis and crystal healing therapy
are not covered.
Nontreatable Disorders
Mental Disorders or conditions of Chemical Dependency that the Behavioral Health Administrator determines are
not likely to improve with generally accepted methods of treatment are not covered.
Prescription Drugs
Outpatient Prescription Drugs or over-the-counter drugs are not covered.
Private Duty Nursing
Private Duty Nursing services in the home or in a Hospital are not covered.
Residential Treatment Center
Admissions that are not considered medically appropriate and are not covered include admissions for wilderness
center training; for Custodial Care, for a situational or environmental change; or as an alternative to placement in
a foster home or halfway house.
State Hospital Treatment
Services in a state Hospital are limited to treatment or confinement as the result of an emergency or Urgently
Needed Care as defined in "Definitions," Section 900.
Telephone Consultations
Treatment or consultations provided by telephone are not covered.
Psychological Testing
Psychological testing is only covered, when ordered by a licensed Participating Mental Health Professional and is
Medically Necessary to diagnose a Mental Disorder for purposes of developing a mental health treatment plan or
when Medically Necessary to treat a Mental Disorder or condition of Chemical Dependency.
Treatment by a Relative
Treatment or consultation provided by the Member's parents, siblings, children, current or former spouse or any
adults who live in the Member's household, is not covered.
Congenital and Organic Disorders
Treatment of physiological diseases or defects, including but not limited to organic brain disease is not covered.
However, some conditions shall be covered as shown in "Schedule of Benefits and Copayments," Section 200,
provided that their level of severity meets the criteria described in the definitions of "Serious Emotional Distur-
bances of a Child" or "Severe Mental Illness."
Learning Disabilities
Testing, screening or treatment for learning disabilities are not covered. However, some conditions shall be
covered as shown in "Schedule of Benefits and Copayments," Section 200, provided that their level of severity
meets the criteria described in the definitions of "Serious Emotional Disturbances of a Child" or "Severe Mental
Illness" and the conditions are treated by Participating Mental Health Professionals.
Detoxification in Newborns
Treatment of detoxification in newborns is not covered. However, these services are covered under the medical
benefit (see "Inpatient Hospital Confinement" portion of "Covered Services and Supplies," Section 500).
Excess Services
Services in excess of those authorized by the Behavioral Health Administrator's Medical Director or his✓her
designee, unless such services are determined to be Medically Necessary.
Pale 54 CiPtlPral Provisions eclion 700
Section-700
GENERAL PROVISIONS
Subsection -A
When the Plan Ends
The Group Service Agreement specifies how long this Plan remains in effect.
If you are hospitalized or totally disabled on the date that the Group Service Agreement is terminated, benefits will
continue according to "Extension of Benefits" portion of "Eligibility, Enrollment and Termination," Section 400.
Subsection-B
When the Plan Chan es
Subject to notification and according to the terms of the Group Service Agreement, the Group has the right to
terminate this Plan or to replace it with another plan with different terms. This may include, but is not limited to,
changes or termination of specific benefits, exclusions and eligibility provisions.
Health Net has the right to modify this Plan, including the right to change subscription charges according to the
terms of the Group Service Agreement. Notice of modification will be sent to the Group. Except as required under
"Eligibility, Enrollment and Termination" Section 400, Subsection D, "When Coverage Ends" regarding termination
for non-payment, Health Net will not provide notice of such changes to plan Subscribers unless it is required to do
so by law. The Group may have obligations under state or federal law to provide notification of these changes to
plan Subscribers.
If you are confined in a Hospital when the Group Service Agreement is modified, benefits will continue as if the
Plan had not been modified, until you are discharged from the Hospital.
Form or Content of the Plan: No agent or employee of Health Net is authorized to change the form or content of
this Plan. Any changes can be made only through an endorsement authorized and signed by an officer of
Health Net.
Subsection-C
Member Services Department Interpreter Services
Health Net's Member Services Department has bilingual staff and a telephone interpreter service for additional
languages to handle Member inquiries. Examples of interpretive services provided include explaining benefits and
answering health plan questions in the Member's preferred language. Call the Member Services number on your
Health Net ID card for this free service. Health Net discourages the use of family members, friends and minors as
interpreters.
Subsection-D
Grievance, Appeals, Independent Medical Review and Arbitration
Grievance Procedures
If you are not satisfied with efforts to solve a problem with Health Net or your Physician Group, you must first file a
grievance or appeal against Health Net by calling the Member Services Department at 1-800-522-0088 or by
submitting a Member Grievance Form through the Health Net website at www.healthnet.com.
You may also file your complaint in writing by sending information to:
Health Net
Member Services Appeals and Grievance Department
P.O. Box 10348
Van Nuys, CA 91410-0348
Section 700 General Provisions Page SS
If your concern involves the Mental Disorders and Chemical Dependency program call Managed Health Network
(MHN) at 1 888 426-0030, or write to:
Managed Health Network
Attention: Appeals & Grievances
503 Canal Boulevard
Pt. Richmond, CA 94804
You must file your grievance or appeal with Health Net within 365 calendar days following the date of the incident
or action that caused your grievance. Please include all information from your Health Net Identification Card and
he details of the concern or problem.
We will:
• Confirm in writing within five calendar days that we received your request.
Review your complaint and inform you of our decision in writing within 30 days from the receipt of the Griev-
ance. For conditions where there is an immediate and serious threat to your health, including severe Pain, or
the potential for loss of life, limb or major bodily function exists, Health Net must notify you of the status of
your grievance no later than three days from receipt of the grievance. For urgent grievances, Health Net will
immediately notify you of the right to contact the Department of Managed Health Care. There is no require-
ment that you participate in Health Net's grievance or appeals process before requesting IMR for denials
based on the Investigational or Experimental nature of the therapy. In such cases you may immediately con-
tact the Departtnent of Managed Health Care to request an IMR of the denial.
If you continue to be dissatisfied after the grievance procedure has been completed, you may contact the De-
partment of Managed Health Care for assistance or to request an independent medical review, or you may initiate
binding arbitration, as described below. Binding arbitration is the final process for the resolution of disputes.
Independent Medical Review of Grievances Involving a Disputed Health Care Service
You may request an independent medical review (IMR) of disputed health care services from the Department of
Managed Health Care (Department) if you believe that health care services eligible for coverage and payment
under your Health Net Plan have been improperly denied, modified or delayed by Health Net or one of its con-
tracting providers. A "Disputed Health Care Service" is any health care service eligible for coverage and payment
under your Health Net Plan that has been denied, modified or delayed by Health Net or one of its contracting
providers, in whole or in part because the service is not Medically Necessary.
The IMR process is in addition to any other procedures or remedies that may be available to you. You pay no
application or processing fees of any kind for IMR. You have the right to provide information in support of the
request for IMR. Health Net will provide you with an IMR application form and Health Net's grievance response
letter that states its position on the Disputed Health Care Service. A decision not to participate in the IMR process
may cause you to forfeit any statutory right to pursue legal action against Health Net regarding the Disputed
Health Care Service.
Eligibility
Your application for IMR will be reviewed by the Department to confirm that it meets all the eligibility requirements
of the law for IMR which are set out below.
1.(A) Your provider has recommended a health care service as Medically Necessary or
(B) You have received urgent or Emergency Care that a provider determined to have been Medically Neces-
sary
(C) In the absence of the provider recommendation described in 1.(A) above, you have been seen by a Health
Net Member Physician for the diagnosis or treatment of the medical condition for which you seek IMR;
2. The Disputed Health Care Service has been denied, modified or delayed by Health Net or one of its contract-
ing providers, based in whole or in part on a decision that the health care service is not Medically Necessary;
and
Page 56 (;eneral Provisions Yi <lion 700
3. You have filed a grievance with Health Net and the disputed decision is upheld by Health Net or the grievance
remains unresolved after 30 days. Within the next six months, you may apply to the Department for IMR or
later, if the Department agrees to extend the application deadline. If your grievance requires expedited review
you may bring it immediately to the Department's attention. The Department may waive the requirement that
you follow Health Net's grievance process in extraordinary and compelling cases.
If your case is eligible for IMR, the dispute will be submitted to a medical Specialist who will make an independent
determination of whether or not the care is Medically Necessary. You will receive a copy of the assessment made
in your case from the IMR. If the IMR determines the service is Medically Necessary, Health Net will provide the
Disputed Health Care Service. If your case is not eligible for IMR, the Department will advise you of your alterna-
tives.
For non -urgent cases, the IMR organization designated by the Department must provide its determination within
30 days of receipt of the application for review and the supporting documents. For urgent cases involving immi-
nent and serious threat to your health, including, but not limited to, serious Pain, the potential loss of life, limb or
major bodily function or the immediate and serious deterioration of your health, the IMR organization must provide
its determination within three business days.
For more information regarding the IMR process or to request an application form, please call the Member
Services Department at 14800-522-0088.
Independent Medical Review of Investigational or Experimental Therapies
Health Net does not cover Experimental or Investigational drugs, devices, procedures or therapies. However, if
Health Net denies or delays coverage for your requested treatment on the basis that it is Experimental or Investi-
gational and you meet the eligibility criteria set out below, you may request an independent medical review (IMR)
of Health Net's decision from the Department of Managed Health Care. The Department does not require you to
participate in Health Net's grievance system or appeals process before requesting IMR of denials based on the
Investigational or Experimental nature of the therapy. In such cases you may immediately contact the Department
to request an IMR of this denial.
Eligibility
1. You must have a life -threatening or seriously debilitating condition.
2. Your Physician must certify to Health Net that you have a life -threatening or seriously debilitating condition for
which standard therapies have not been effective in improving your condition or are otherwise medically inap-
propriate and there is no more beneficial therapy covered by Health Net.
3. Your Physician must certify that the proposed Experimental or Investigational therapy is likely to be more
beneficial than available standard therapies or as an alternative, you submit a request for a therapy that,
based on documentation you present from the medical and scientific evidence, is likely to be more beneficial
than available standard therapies.
4. You have been denied coverage by Health Net for the recommended or requested therapy.
5. If not for Health Net's determination that the recommended or requested treatment is Experimental or Investi-
gational, it would be covered.
If Health Net denies coverage of the recommended or requested therapy and you meet the eligibility require-
ments, Health Net will notify you within five business days of its decision and your opportunity to request external
review of Health Net's decision through IMR. Health Net will provide you with an application form to request an
IMR of Health Net's decision. The IMR process is in addition to any other procedures or remedies that may be
available to you. You pay no application or processing fees of any kind for IMR. You have the right to provide
information in support of your request for IMR. If your Physician determines that the proposed therapy should
begin promptly, you may request expedited review and the experts on the IMR panel will render a decision within
seven days of your request. If the IMR panel recommends that Health Net cover the recommended or requested
therapy, coverage for the services will be subject to the terms and conditions generally applicable to other
benefits you are entitled to. A decision not to participate in the IMR process may cause you to forfeit any statutory
right to pursue legal action against Health Net regarding the denial of the recommended or requested therapy. For
more information, please call the Member Services Department at 1-800-522-0088.
Section 700 General Provisions Page 57
Subsection-E
Department of Managed Health Care
The California Department of Managed Health Care is responsible for regulating health care
service plans. (Health Net is a health care service plan.)
If you have a grievance against Health Net, you should first telephone Health Net at
1-800-522-0088 and use our grievance process before contacting the Department. Utilizing
this grievance procedure does not prohibit any potential legal rights or remedies that may be
available to you.
If you need help with a grievance involving an Emergency, a grievance that has not been
satisfactorily resolved by Health Net, or a grievance that has remained unresolved for more
than 30 days, then you may call the Department for assistance.
You may also be eligible for an Independent Medical Review (IMR). If you are eligible for IMR,
the IMR process will provide an impartial review of medical decisions made by a health plan
related to the Medical Necessity of a proposed service or treatment, coverage decisions for
treatments that are Experimental or Investigational in nature and payment disputes for emer-
gency or urgent medical services. The Department also has a toll -free telephone number
(1-888-HMO-2219) and a TDD line (1-877-688-9891) for the hearing and speech impaired.
The Department's Internet Web site httn://www.hmohelp.ca.gov has complaint forms, IMR
application forms and instructions online.
Binding Arbitration
Sometimes disputes or disagreements may arise between you (including your enrolled Family Members, heirs or
personal representatives) and Health Net regarding the construction, interpretation, performance or breach of this
Evidence of Coverage or regarding other matters relating to or arising out of your Health Net membership.
Typically such disputes are handled and resolved through the Health Net Grievance, Appeal and Independent
Medical Review process described above. However, in the event that a dispute is not resolved in that process,
Health Net uses binding arbitration as the final method for resolving all such disputes, whether stated in tort,
contract or otherwise, and whether or not other parties such as employer groups, health care providers, or their
agents or employees, are also involved. In addition, disputes with Health Net involving alleged professional
liability or medical malpractice (that is, whether any medical services rendered were unnecessary or unauthorized
or were improperly, negligently or incompetently rendered) also must be submitted to binding arbitration.
As a condition to becoming a Health Net Member, you agree to submit all disputes you may have with Health Net,
except those described below, to final and binding arbitration. Likewise, Health Net agrees to arbitrate all such
disputes. This mutual agreement to arbitrate disputes means that both you and Health Net are bound to use
binding arbitration as the final means of resolving disputes that may arise between the parties, and thereby the
parties agree to forego any right they may have to a jury trial on such disputes. However, no remedies that
otherwise would be available to either party in a court of law will be forfeited by virtue of this agreement to use'
and be bound by Health Net's binding arbitration process. This agreement to arbitrate shall be enforced even if a
party to the arbitration is also involved in another action or proceeding with a third party arising out of the same
matter.
Health Net's binding arbitration process is conducted by mutually acceptable arbitrator(s) selected by the parties.
The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern arbitrations under this process. In the event that the
total amount of damages claimed is $200,000 or less, the parties shall, within 30 days of submission of the
demand for arbitration to Health Net, appoint a mutually acceptable single neutral arbitrator who shall hear and
decide the case and have no jurisdiction to award more than $200,000. In the event that total amount of damages
is over $200,000, the parties shall, within 30 days of submission of the demand for arbitration to Health Net,
appoint a mutually acceptable panel of three neutral arbitrators (unless the parties mutually agree to one arbitra-
tor), who shall hear and decide the case.
If the parties fail to reach an agreement during this time frame, then either party may apply to a Court of Compe-
tent Jurisdiction for appointment of the arbitrator(s) to hear and decide the matter.
Page 58 General Provisions Sep lion 700
Arbitration can be initiated by submitting a demand for arbitration to Health Net at the address provided below.
The demand must have a clear statement of the facts, the relief sought and a dollar amount.
Health Net of California
Attention: Litigation Administrator
PO Box 4504
Woodland Hills, CA 91365-4505
The arbitrator is required to follow applicable state or federal law. The arbitrator may interpret this Evidence of
Coverage, but will not have any power to change, modify or refuse to enforce any of its terms, nor will the arbitra-
tor have the authority to make any award that would not be available in a court of law. At the conclusion of the
arbitration, the arbitrator will issue a written opinion and award setting forth findings of fact and conclusions of law.
The award will be final and binding on all parties except to the extent that State or Federal law provides for judicial
review of arbitration proceedings.
The parties will share equally the arbitrator's fees and expenses of administration involved in the arbitration. Each
party also will be responsible for their own attorneys' fees. In cases of extreme hardship to a Member, Health Net
may assume all or a portion of a Member's share of the fees and expenses of the arbitration. Upon written notice
by the Member requesting a hardship application, Health Net will forward the request to an independent profes-
sional dispute resolution organization for a determination. Such request for hardship should be submitted to the
Litigation Administrator at the address provided above.
Effective July 1, 2002, Members who are enrolled in an employer's plan that is subject to ERISA, 29 U.S.C. §
1001 et seq., a federal law regulating benefit plans, are not required to submit disputes about certain "adverse
benefit determinations" made by Health Net to mandatory binding arbitration. Under ERISA, an "adverse benefit
determination" means a decision by Health Net to deny, reduce, terminate or not pay for all or a part of a benefit.
However, you and Health Net may voluntarily agree to arbitrate disputes about these "adverse benefit determina-
tions" at the time the dispute arises.
Subsection-F
x-vultuntacy iransier to another Yrlmary Care Physician or Contracting Physician Grow
Health Net has the right to transfer you to another Primary Care Physician or contracting Physician Group under
certain circumstances. The following are examples of circumstances that may result in involuntary transfer:
• Refusal to Follow Treatment: You may be involuntarily transferred to an alternate Primary Care Physician or
Physician Group if you continually refuse to follow recommended treatment or established procedures of
Health Net, the Primary Care Physician, the contracting Physician Group.
Health Net will offer you the opportunity to develop an acceptable relationship with another Primary Care
Physician at the contracting Physician Group, or at another contracting Physician Group, if available. A trans-
fer to another Physician Group will be at Health Net's discretion.
• Disruptive or Threatening Behavior: You may be involuntarily transferred to an alternate Primary Care
Physician or Physician Group if you repeatedly disrupt the operations of the Physician Group or Health Net to
the extent that the normal operations of either the Physician's office, the contracting Physician Group or
Health Net are adversely impacted.
• Abusive Behavior: You may be involuntarily transferred to an alternate Primary Care Physician or Physician
Group if you exhibit behavior that is abusive or threatening in nature toward the health care provider, his or
her office staff, the contracting Physician Group or Health Net personnel.
• Inadequate Geographic Access to Care: You may be involuntarily transferred to an alternate Primary Care
Physician or contracting Physician Group if it is determined that neither your residence nor place of work are
within reasonable access to your current Primary Care Physician.
Other circumstances may exist where the treating Physician or Physicians have determined that there is an
inability to continue to provide you care because the patient -Physician relationship has been compromised to the
extent that mutual trust and respect have been impacted. In the U.S. the treating Physicians and contracting
Physician Group must always work within the code of ethics established through the American Medical Associa-
tion (AMA). (For information on the AMA code of ethics, please refer to the American Medical Association website
Section 700 General Provisions Page 59
at httl2://www.ama-assn.org). Under the code of ethics, the Physician will provide you with notice prior to discon-
tinuing as your treating Physician that will enable you to contact Health Net and make alternate care arrange-
ments.
Health Net will conduct a fair investigation of the facts before any involuntary transfer for any of the above
reasons is carried out.
Subsection-G
Medical Malpractice Disputes
Health Net and the health care providers that provide services to you through this Plan are each responsible for
their own acts or omissions and are ordinarily not liable for the acts or omissions or costs of defending others.
Subsection-H
When A Third Party Causes A Member Injuries
If you are ever injured through the actions of another person (a third party), Health Net will provide benefits for all
covered services that you receive through this Plan. However, if you receive money because of your injuries, you
must reimburse Health Net or the medical providers for the value of any services provided to you through this
Plan.
Examples of how an injury could be caused by the actions of another person:
• You are in a car accident and the other driver is at fault; or
• You slip and fall in a store because a wet spot was left on the floor
Steps You Must Take
Health Net's legal right to reimbursement is called a lien.
If you are injured because of a third party, you must cooperate with Health Net's and the medical providers' efforts
to obtain reimbursement, including:
• Telling Health Net and the medical providers the name and address of the third party, if you know it, the name
and address of your lawyer, if you are using a lawyer and describing how the injuries were caused.
• Completing any paperwork that Health Net or the medical providers may reasonably require to assist in
enforcing the lien;
• Promptly responding to inquiries from the lienholders about the status of the case and any settlement discus-
sions;
• Notifying the lienholders immediately upon you or your lawyer receiving any money from the third parties or
their insurance companies; and
• Holding any money that you or your lawyer receive from the parties or their insurance companies in trust and
reimbursing Health Net and the medical providers for the amount of the lien as soon as you are paid by the
third party.
How the Amount of Your Reimbursement is Determined
Your reimbursement to Health Net or the medical provider under this lien is based on the value of the services
you receive and the costs of perfecting this lien. For purposes of determining the lien amount, the value of the
services depends on how the provider was paid and will be determined as permitted by law. Unless the money
that you receive came from a Workers' Compensation claim, the following applies:
• The amount of the reimbursement that you owe Health Net or the Physician Group will be reduced by the
percentage that your recovery is reduced if a judge, jury or arbitrator determines that you were responsible for
some portion of your injuries.
• The amount of the reimbursement that you owe Health Net or the Physician Group will also be reduced a pro
rated share for any legal fees or costs that you paid from the money you received.
Paee 60 (;t�nPrnl Provisions Section 700
• The amount that you will be required to reimburse Health Net or the Physician Group for services you receive
under this Plan will not exceed one-third of the money that you receive if you do engage a lawyer or one-half
of the money you receive ff you do not engage a lawyer.
subsection-1
Relationship of Parties
Contracting Physician Groups, Member Physicians, Hospitals and other health care providers are not agents or
employees of Health Net.
Health Net and its employees are not the agents or employees of any Physician Group, Member Physician,
Hospital or other health care provider.
All of the parties are independent contractors and contract with each other to provide you the covered services or
supplies of this Plan.
The Group and the Members are not liable for any acts or omissions of Health Net, its agents or employees or of
Physician Groups, any Physician or Hospital or any other person or organization with which Health Net has
arranged or will arrange to provide the covered services and supplies of this Plan.
Provider/Patient Relationship
Member Physicians maintain a doctor -patient relationship with the Member and are solely responsible for provid-
ing professional medical services. Hospitals maintain a Hospital -patient relationship with the Member and are
solely responsible for providing Hospital services.
Liability for Charges
While it is not likely, it is possible that Health Net may be unable to pay a Health Net provider. If this happens, the
provider has contractually agreed not to seek payment from the Member.
However, this provision only applies to providers who have contracted with Health Net. You may be held liable for
the cost of services or supplies received from a noncontracting provider if Health Net does not pay that provider.
This provision does not affect your obligation to pay any required Copayment or to pay for services and supplies
that this Plan does not cover.
Prescription Drug Liability
Health Net will not be liable for any claim or demand as a result of damages connected with the manufacturing,
compounding, dispensing or use of any Prescription Drug this Plan covers.
Continuity of Care Upon Termination of Provider Contract
If Health Net's contract with a Physician Group or other provider is terminated, Health Net will transfer any
affected Members to another contracting Physician Group or provider and make every effort to ensure continuity
of care. At least 60-days prior to termination of a contract with a Physician Group or acute care Hospital to which
Members are assigned for services, Health Net will provide a written notice to affected Members. For all other
Hospitals that terminate their contract with Health Net, a written notice will be provided to affected Members within
5 days after the Effective Date of the contract termination.
In addition, a Member may request continued care from a provider whose contract is terminated if at the time of
termination the Member was receiving care from such a provider for:
• An Acute Condition;
• A Serious Chronic Condition not to exceed twelve months from the contract termination date;
• A pregnancy (including the duration of the pregnancy and immediate postpartum care);
Section 700 General Provisions Page 61
• A newborn up to 36 months of age not to exceed twelve months from the contract termination date;
• A Terminal Illness (for the duration of the Terminal Illness); or
• A surgery or other procedure that has been authorized by Health Net as part of a documented course of
treatment.
For definitions of Acute Condition, Serious Chronic Condition 'and Terminal Illness see "Definitions," Section 900.
Health Net may provide coverage for completion of services from a provider whose contract has been terminated,
subject to applicable Copayments and any other exclusions and limitations of this Plan -and if such provider is
willing to accept the same contract terms applicable to the provider prior to the provider's contract termination.
You must request continued care within 30 days of the provider's date of termination unless you can show that it
was not reasonably possible to make the request within 30 days of the provider's date of termination and you
make the request as soon as reasonably possible.
If you would like more information on how to request continued care, or request a copy of our continuity of care
policy, please contact the Member Services Department at the telephone number on your Health Net ID Card.
Contracting Administrators
Health Net may designate or replace any contracting administrator that provides the covered services and
supplies of this Plan. If Health Net designates or replaces any administrator and as a result procedures change,
Health Net will inform you.
Any administrator designated by Health Net is an independent contractor and not an employee or agent of
Health Net, unless otherwise specified in this Evidence of Coverage.
Decision -Malting Authority
Health Net has discretionary authority to interpret the benefits of this Plan and to determine when services are
covered by the Plan.
Subsection-J
Coordination of Benefits
The Member's coverage is subject to the same limitations, exclusions and other terms of this Evidence of Cover-
age whether Health Net is the Primary Plan or the Secondary Plan.
Coordination of benefits (COB) is a process, regulated by law, that determines financial responsibility for payment
of allowable expenses between two or more group health plans.
Allowable expenses are generally the cost or value of medical services that are covered by two or more group
health plans, including two Health Net Plans.
The objective of COB is to ensure that all group health plans that provide coverage to an individual will pay no
more than 100% of the allowable expense for services that are received. This payment will not exceed total
expenses incurred or the reasonable cash value of those services and supplies when the group health plan
provides benefits in the form of services rather than cash payments.
Health Net's COB activities will not interfere with your medical care.
Coordination of benefits is a bookkeeping activity that occurs between the two HMOs or insurers. However, you
may occasionally be asked to provide information about your other coverage.
This coordination of benefits (COB) provision applies when a Member has health care coverage under more than
one plan. "Plan" is defined below.
The order of benefit determination rules below determine which plan will pay as the primary plan. The primary
plan that pays first pays without regard to the possibility that another plan may cover some expenses. A Secon-
dary Plan pays after the Primary Plan and may reduce the benefits it pays so that payment from all group plans
do not exceed 100% of the total allowable expense. "Allowable Expense" is defined below.
Page 62 (;eneral Provisions
C
E.
Definitions
The following definitions apply to the coverage provided under this Subsection only.
A. "Plan" —A "Plan" is any of the following that provides benefits or services for medical or dental care or treat-
ment. However, if separate contracts are used to provide coordinated coverage for members of a group, the
separate contracts are considered parts of the same Plan and there is no COB among those separate con-
tracts.
(1) "Plan" includes group insurance, closed panel (HMO, PPO or EPO) coverage or other forms of group or
group -type coverage (whether insured or uninsured); Hospital indemnity benefits in excess of $200 per
day; medical care components of group long-term care contracts, such as skilled nursing care.
(Medicare is not included as a "Plan" with which Health Net engages in COB. We do, however, reduce
benefits of this Plan by the amount paid by Medicare. For Medicare coordination of benefits, please refer
to "Government Coverage" portion of this "General Provisions," Section 700.)
(2) "Plan" does not include nongroup coverage of any type, amounts of Hospital indemnity insurance of
$200 or less per day, school accident -type coverage, benefits for nonmedical components of group long-
term care policies, Medicare supplement policies, a state plan under Medicaid or a governmental plan
that, by law, provides benefits that are in excess of those of any private insurance plan or other non-
governmental plan.
Each contract for coverage under (1) and (2) above is a separate Plan. If a Plan has two parts and COB rules
apply only to one of the two, each of the parts is treated as a separate Plan.
B. Primary Plan or Secondary Plan —The order of benefit determination rules determine whether this Plan is a
"Primary Plan" or "Secondary Plan" when compared to another Plan covering the person.
When this Plan is primary, its benefits are determined before those of any other Plan and without considering
any other plan's benefits. When this Plan is secondary, its benefits are determined after those of another Plan
and may be reduced because of the primary Plan's benefits.
C. Allowable Expense —This concept means a health care service or expense, including Deductibles and
Copayments, that is covered at least in part by any of the plans covering the person. When a Plan provides
benefits in the form of services, (for example an HMO) the reasonable cash value of each service will be con-
sidered an Allowable Expense and a benefit paid. An expense or service that is not covered by any of the
Plans is not an Allowable Expense.
The following are examples of expenses or services that are not Allowable Expense:
(1) If a covered person is confined in a private room, the difference between the cost of a semi -private room
in the Hospital and the private room, is not an Allowable Expense.
Exception:
If the patient's stay in a private Hospital room is Medically Necessary in terms of generally accepted medi-
cal practice or one of the Plans routinely provides coverage for Hospital private rooms, the expense or
service is an Allowable Expense.
(2) If a person is covered by two or more Plans that compute their benefit payments on the basis of usual
and customary fees, any amount in excess of the highest of the usual and customary fees for a specific
benefit is not an Allowable Expense.
(3) If a person is covered by two or more Plans that provide benefits or services on the basis of negotiated
fees, an amount in excess of the highest of the negotiated fees is not an Allowable Expense.
(4) If a person is covered by one Plan that calculates its benefits or services on the basis of usual and cus-
tomary fees and another Plan that provides its benefits or services on the basis of negotiated fees, the
Primary Plan's payment arrangements shall be the Allowable Expense for all Plans.
(5) The amount a benefit is reduced by the Primary Plan because of a covered person does not comply with
the plan provisions is not an Allowable Expense.
Examples of these provisions are second surgical opinions, precertification of admissions and preferred
provider arrangements.
Claim Determination Period —This is the Calendar Year or that part of the Calendar Year during which a
person is covered by this Plan.
Closed Panel Plan —This is a Plan that provides health benefits to covered persons primarily in the form of
services through a panel of providers that have contracted with or are employed by the Plan and that limits or
Section 700 Genera! Provisions Pa.ee 63
excludes benefits for services provided by other providers, except in cases of emergency or referral by a panel
member.
F. Custodial Parent —This is a parent who has been awarded custody of a child by a court decree. In the
absence of a court decree, it is the parent with whom the child resided more than half of the Calendar Year
without regard to any temporary visitation.
Order of Benefit Determination Rules
If the Member is covered by another group health Plan, responsibility for payment of benefits is determined by the
following rules. These rules indicate the order of payment responsibility among Health Net and other applicable
group health Plans by establishing which Plan is primary, secondary and so on.
A. Primary or Secondary Plan —The Primary Plan pays or provides its benefits as if the Secondary Plan or
Plans did not exist.
B. No COB Provision —A Plan that does not contain a coordination of benefits provision is always primary.
There is one exception: coverage that is obtained by virtue of membership in a group that is designed to sup-
plement a part of a basic package of benefits may provide that the supplementary coverage shall be excess to
any other parts of the Plan provided by the contract holder. Examples of these types of situations are major
medical coverages that are superimposed over base plan Hospital and surgical benefits and insurance -type
coverages that are written in connection with a closed Panel Plan. to provide out -of -network benefits.
C. Secondary Plan Performs COB —A Plan may consider the benefits paid or provided by another Plan in
determining its benefits only when it is secondary to that other Plan.
D. Order of Payment Rules —The first of the following rules that describes which Plan pays its benefits before
another Plan is the rule that will apply.
1. Subscriber (Non -Dependent) vs. Dependent —The Plan that covers the person other than as a depend-
ent, for example as an employee, Subscriber or retiree, is primary and the Plan that covers the person as a
dependent is secondary.
2. Child Covered By More Than One Plan —The order of payment when a child is covered by more than one
Plan is:
a. Birthday Rule —The Primary Plan is the Plan of the parent whose birthday is earlier in the year if:
• The parents are married;
• The parents are not separated (whether or not they ever have been married); or
• A court decree awards joint custody without specifying that one party has the responsibility to provide
health care coverage.
If both parents have the same birthday, the plan that covered either of the parents longer is primary.
b. Court Ordered Responsible Parent —If the terms of a court decree state that one of the parents is re-
sponsible for the child's health care expenses or health care coverage and the Plan of that parent has
actual knowledge of those terms, that Plan is primary. This rule applies to claim determination periods or
plan years commencing after the Plan is given notice of the court decree.
c. Parents Not Married, Divorced or Separated —If the parents are not married or are separated
(whether or not they ever have been married) or are divorced, the order of benefits is:
• The Plan of the Custodial Parent.
• The Plan of the spouse of the Custodial Parent.
• The Plan of the noncustodial parent.
• The Plan of the spouse of the noncustodial parent.
3. Active vs. Inactive Employee —The Plan that covers a person as an employee who is neither laid off nor
retired (or his or her dependent), is primary in relation to a Plan that covers the person as a laid off or retired
employee (or his or her dependent). When the person has the same status under both Plans, the Plan pro-
vided by active employment is first to pay.
If the other plan does not have this rule and if, as a result, the Plans do not agree on the order of benefits,
this rule is ignored.
Coverage provided an individual by one Plan as a retired worker and by another Plan as a dependent of an
actively working spouse will be determined under the rule labeled D (1) above.
Page 64 General Provisions Section 700
4. COBRA Continuation Coverag"f a person whose coverage is provided under a right of continuation
provided by federal (COBRA) or state law (similar to COBRA) also is covered under another Plan, the Plan
covering the person as an employee or retiree (or as that person's dependent) is primary and the continua-
tion coverage is secondary. If the other Plan does not have this rule and if, as a result, the Plans do not
agree on the order of benefits, this rule is ignored.
5. Longer or Shorter Length of Coverage If the preceding rules do not determine the order or payment,
the Plan that covers the Subscriber (non-dependent), retiree or dependent of either for the longer period is
primary.
a. Two Plans Treated As One —To determine the length of time a person has been covered under a Plan,
two Plans shall be treated as one if the covered person was eligible under the second within twenty-four
hours after the first ended.
b. New Plan Does Not Include —The start of a new Plan does not include:
(i) A change in the amount or scope of a Plan's benefits.
(ii) A change in the entity that pays, provides or administers the Plan's benefits.
(iii)A change from one type of Plan to another (such as from a single employer Plan to that of a multiple
employer Plan).
C. Measurement of Time Covered —The person's length of time covered under a Plan is measured from
the person's first date of coverage under that Plan. If that date is not readily available for a group Plan,
- the date the person first became a Member of the Group shall be used as the date from which to deter-
mine the length of time the person's coverage under the present Plan has been in force.
6. Equal Sharing —If none of the preceding rules determines the Primary Plan, the Allowable Expenses shall
be shared equally between the Plans.
Effect on the Benefits of This Plan
A. Secondary Plan Reduces Benefits —When this Plan is secondary, it may reduce its benefits so that the total
benefits paid or provided by all plans during a Claim Determination Period are not more than 100% of total
Allowable Expenses.
B. Coverage by Two Closed Panel Plans —If a covered person is enrolled in two or more closed Panel Plans
and if, for any reason, including the person's having received services from a non -panel provider, benefits are
not covered by one closed Panel Plan, COB shall not apply between that plan and other closed Panel Plans.
But, if services received from a non -panel provider are due to an emergency and would be covered by both
Plans, then both Plans will provide coverage according to COB rules.
Right to Receive and Release Information
Certain facts about health care coverage and services are needed to apply these COB rules and to determine
benefits payable under this Plan and other Plans.
Health Net may obtain the facts it needs from or give them to other organizations or persons for the purpose of
applying these rules and determining benefits payable under this Plan and other Plans covering the person
claiming benefits.
Health Net need not tell or obtain the consent of any person to do this. Each person claiming benefits under this
Plan must give Health Net any facts it needs to apply those rules and determine benefits payable.
Health Net's Right to Pay Others
A "payment made" under another Plan may include an amount that should have been paid under this Plan. If this
happens, Health Net may pay that amount to the organization that made the payment. That amount will then be
treated as though it were a benefit paid under this Plan. Health Net will not have to pay that amount again.
The term "payment made" includes providing benefits in the form of services, in which case "payment made"
means the reasonable cash value of the benefits provided in the form of services.
Recovery of Excessive Payments by Health Net
If the "amount of the payment made" by Health Net is more than it should have paid under this COB provision,
Health Net may recover the excess from one or more of the persons it has paid or for whom it has paid or for any
other person or organization that may be responsible for the benefits or services provided for the covered person.
"Amount of the payments made" includes the reasonable cash value of any benefits provided in the form of
services.
Section 700 General Provisions Page 65
Subsection-K
Government Coverage
Medicare Coordination of Benefits (COB)
When you or your spouse reaches age 65, you may become eligible for Medicare based on age. You may also
become eligible for Medicare before reaching age 65 due to disability or end stage renal disease.
If you are enrolled in this Plan as well as in both Medicare Part A and Part B and are not an active employee, then
this Plan coordinates benefits with Medicare. Please note that you must enroll in Medicare Part A and Part B to be
eligible for Medicare Coordination of Benefits.
For services and supplies covered under Medicare Part A and Part B, claims are first submitted to the Medicare
intermediary for determination and payment of allowable amounts. The Medicare intermediary then sends your
medical care provider a Medicare Summary Notice (MSN), (formerly an Explanation of Medicare Benefits
(EOMB)). In most cases, the MSN will indicate that the Medicare intermediary has forwarded the claim to Health
Net for secondary coverage consideration. Health Net will process secondary claims received from the Medicare
intermediary. Secondary claims not received from the Medicare intermediary must be submitted to Health Net by
you or the provider of service and must include a copy of the MSN. Health Net or your medical provider is respon-
sible for paying the difference between the Medicare paid amount and the Covered Services outlined in this
Evidence of Coverage. This Plan will cover benefits as a supplemental payer only to the extent services are
coordinated by your Primary Care Physician and authorized by Health Net.
If either you or your spouse is over the age of 65 and you are actively employed, neither you nor your spouse is
eligible for Medicare Coordination of Benefits. For answers to questions regarding Medicare, contact:
• Your local Social Security Administration office or call 1-800-772-1213;
• The Medicare Program at 1-800-MEDICARE (1-800-633-4227);
• The official Medicare website at www.medicare.gov;
• The Health Insurance Counseling and Advocacy Program (HICAP) at 14X-434-0222, which offers health
insurance counseling for California seniors; or
Write to:
Medicare Publications
Department of Health and Human Services
Centers for Medicare and Medicaid Services
6325 Security Blvd.
Baltimore, MD 21207
Medi-Cat
Medi-Cal is last to pay in all instances. Health Net will not attempt to obtain reimbursement from Medi-Cal.
Veterans' Administration
Health Net will not attempt to obtain reimbursement from the Department of Veterans' Affairs (VA) for service -
connected or nonservice-connected medical care.
Subsection-L
Workers' Compensation
This Plan does not replace Workers' Compensation Insurance. Your Group will have separate insurance cover-
age that will satisfy Workers' Compensation laws.
If you require covered services or supplies and the injury or illness is work -related and benefits are available as a
requirement of any Workers' Compensation or Occupational Disease Law, your Physician Group will provide
services and Health Net will then obtain reimbursement from the Workers' Compensation carrier liable for the cost
of medical treatment related to your illness or injury.
Page 66 Miscellaneous Provisions section 800
Section-800
MISCELLANEOUS PROVISIONS
Cash Benefits
Health Net, in its role as a health maintenance organization, generally provides all covered services and supplies
through a network of contracting Physician Groups. Your Physician Group performs or authorizes all care and you
will not have to file claims.
There is an exception when you receive covered Emergency Care or Urgently Needed Care from a provider who
does not have a contract with Health Net.
When cash benefits are due, Health Net will reimburse you for the amount you paid for services or supplies, less
any applicable Copayment. If you signed an assignment of benefits and the provider presents it to us, we will
send the payment to the provider. You must provide proof of any amounts that you have paid.
If a parent who has custody of a child submits a claim for cash benefits on behalf of the child who is subject to a
Medical Child Support Order, Health Net will send the payment to the Custodial Parent.
Benefits Not Transferable
No person other than a properly enrolled Member is entitled to receive the benefits of this Plan. Your right to
benefits is not transferable to any other person or entity.
If you use benefits fraudulently, your coverage will be canceled. health Net has the right to take appropriate legal
action.
Notice of Claim
In most instances, you will not need to file a claim to receive benefits this Plan provides. However, if you need to
file a claim (for example, for Emergency or Urgently Needed Care from a non -Health Net provider), you must do
so within one year from the date you receive the services or supplies. Any claim filed more than one year from the
date the expense was incurred will not be paid unless it is shown that it was not reasonably possible to file within
that time limit, and that you have filed as soon as was reasonably possible.
Call the Member Services Department at the telephone number shown on your Health Net ID Card to obtain claim
forms.
If you need to file a claim for emergency services or for services authorized by your Physician Group or PCP with
Health Net, please send a completed claim form to:
Health Net Commercial Claims
P.O. Box 14702
Lexington, KY 40512
If you need to file a claim for outpatient Prescription Drugs, please send a completed Prescription Drugs claim
form to:
Health Net
C/O Caremark
P.O. Box 52136
Phoenix, AZ 85072
Please call Health Net Member Services at 1-800-522-0088 or visit our website at www.healthnet.com to obtain a
Prescription Drugs claim form.
If you need to file a claim for Emergency Mental Disorders and Chemical Dependency, or for other covered
Mental Disorders and Chemical Dependency Services provided upon referral by Managed Health Network
(MHN), you must file the claim with MHN within one year after receiving those services. Any claim filed more than
one year from the date the expense was incurred will not be paid unless it was shown that is was not reasonably
possible to file the claim within one year, and that is was filed as soon as reasonably possible. You must use the
CMS (HCFA) - 1500 form in filing the claim, and you should send the claim to MHN at the address listed in the
claim form or to MHN at:
Section 800 Miscellaneous Provisions Page 67
Managed Health Network
P.O. Box 14621
Lexington, KY 40512-4621
MHN will give you claim forms on request. For more information regarding claims for covered Mental Disorders
and Chemical Dependency Services, you may call MHN at 1-800-444-4281 or you may write MHN at the address
given immediately above.
Health Care Plan Fraud
Health care plan fraud is defined as a deception or misrepresentation by a provider, Member, employer or any
person acting on their behalf. It is a felony that can be prosecuted. Any person who willfully and knowingly
engages in an activity intended to defraud the health care plan by filing a claim that contains a false or deceptive
statement is guilty of insurance fraud.
If you are concerned about any of the charges that appear on a bill or Explanation of Benefits form, or if you know
of or suspect any illegal activity, call Health Net's toll -free Fraud Hotline at 14K*-977-3565. The Fraud Hotline
operates 24 hours a day, seven days a week. All calls are strictly confidential.
Disruption of Care
Circumstances beyond Health Net's control may disrupt care; for example, a natural disaster, war, riot, civil
insurrection, epidemic, complete or partial destruction of facilities, atomic explosion or other release of nuclear
energy, disability of significant contracting Physician Group personnel or a similar event.
If circumstances beyond Health Net's control result in your not being able to obtain the Medically Necessary
covered services or supplies of this Plan, Health Net will make a good faith effort to provide or arrange for those
services or supplies within the remaining availability of its facilities or personnel. In the case of an emergency, go
to the nearest doctor or Hospital. See "Emergency and Urgently Needed Care" section under "Introduction to
Health Net," Section 100.
Sending and Receiving Notices
Any notice that Health Net is required to make will be mailed to the Group at the current address shown in
Health Net's files. If the Subscriber or the Group is required to provide notice, the notice should be mailed to the
corporate office of Health Net in Woodland Hills, California. The mailing address is shown on your Health Net ID
Card.
Confidentiality of Medical Records
A STATEMENT DESCRIBING HEALTH NET'S POLICIES AND PROCEDURES FOR
PRESERVING THE CONFIDENTIALITY OF MEDICAL RECORDS IS AVAILABLE AND WILL
BE FURNISHED TO YOU UPON REQUEST.
Notice Of Privacy Practices
THIS NOTICE DESCRIBES HOW PROTECTED HEALTH INFORMATION ABOUT YOU MAY BE USED AND
DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT
CAREFULLY.
This Notice tells you about the ways in which Health Net of California and Managed Health Network (referred to
as "we" or "the Plan") may collect, use and disclose your protected health information and your rights concerning
your protected health information. "Protected health information" is information about you, including demographic
information, that can reasonably be used to identify you and that relates to your past, present or future physical or
mental health or condition, the provision of health care to you or the payment for that care.
We are required by federal and state laws to provide you with this Notice about your rights and our legal duties
and privacy practices with respect to your protected health information. We must follow the terms of this Notice
while it is in effect. Some of the uses and disclosures described in this Notice may be limited in certain cases by
applicable state laws that are more stringent than the federal standards.
How We May Use And Disclose Your Protected Health Information
We may use and disclose your protected health information for different purposes. The examples below are
provided to illustrate the types of uses and disclosures we may make without your authorization for payment,
health care operations and treatment.
Page 68 Miscellaneous Provisions I Sc c ii0n 800
• Payment. We use and disclose your protected health information in order to pay for your covered health
expenses. For example, we may use your protected health information to process claims or be reimbursed by
another insurer that may be responsible for payment or for premium billing.
• Health Care Operations. We use and disclose your protected health information in order to perform our plan
activities, such as quality assessment activities or administrative activities, including data management or
customer service.
• Treatment. We may use and disclose your protected health information to assist your health care providers
(doctors, dentists, Hospitals and others) in your diagnosis and treatment. For example, we may disclose your
Protected health information to providers to provide information about alternative treatments.
• Plan Sponsor. If you are enrolled through a group health plan, we may provide non -identifiable summaries of
claims and expenses for enrollees in a group health plan to the plan sponsor, which is usually the employer. If
the plan sponsor provides plan administration services, we may also provide access to identifiable health in-
formation to support its performance of such services which may include but are not limited to claims audits or
customer services functions. Health Net will only share health information upon a certification from the plan
Sponsor representing there are restrictions in place to ensure that only plan sponsor employees with a legiti-
mate need to know will have access to health information in order to provide plan administration functions.
We may also disclose protected health information to a person, such as a family member, relative, or close
personal friend, who's involved with your care or payment. We may disclose the relevant protected health
information to these persons if you do not object or we can reasonably infer from the circumstances that you
do not object to the disclosure; however, when you are not present or are incapacitated, we can make the
disclosure if, in the exercise of professional judgment, we believe the disclosure is in your best interest_
Other Permitted Or Required Disclosures
• As Required by Law. We must disclose protected health information about you when required to do so by
law.
• Public Health Activities. We may disclose protected health information to public health agencies for reasons
such as preventing or controlling disease, injury or disability.
• Victims of Abuse, Neglect or Domestic Violence. We may disclose protected health information to gov-
ernment agencies about abuse, neglect or domestic violence.
• Health Oversight Activities. We may disclose protected health information to government oversight agen-
cies (e.g., California Department of Health Services) for activities authorized by law.
• Judicial and Administrative Proceedings. We may disclose protected health information in response to a
court or administrative order. We may also disclose protected health information about you in certain cases in
response to a subpoena, discovery request or other lawful process.
• Law Enforcement. We may disclose protected health information under limited circumstances to a law
enforcement official in response to a warrant or similar process; to identify or locate a suspect; or to provide
information about the victim of a crime.
• Coroners, Funeral Directors, Organ Donation. We may release protected health information to coroners or
funeral directors as necessary to allow them to carry out their duties. We may also disclose protected health
information in connection with organ or tissue donation.
• Research. Under certain circumstances, we may disclose protected health information about you for research
purposes, provided certain measures have been taken to protect your privacy.
• To Avert a Serious Threat to Health or Safety. We may disclose protected health information about you,
with some limitations, when necessary to prevent a serious threat to your health and safety or the health and
safety of the public or another person.
• Special Government Functions. We may disclose information as required by military authorities or to
authorized federal officials for national security and intelligence activities.
• Workers' Compensation. We may disclose protected health information to the extent necessary to comply
with state law for workers' compensation programs.
Section 800 Miscellaneous Provisions Page 69
Other Uses Or Disclosures With An Authorization
Other uses or disclosures of your protected health information will be made only with your written authorization,
unless otherwise permitted or required by law. You may revoke an authorization at any time in writing, except to
the extent that we have already taken action on the information disclosed or if we are permitted by law to use the
information to contest a claim or coverage under the Plan.
Your Rights Regarding Your Protected Health Information
You have certain rights regarding protected health information that the Plan maintains about you.
• Right To Access Your Protected Health Information. You have the right to review or obtain copies of your
protected health information records, with some limited exceptions. Usually the records include enrollment,
billing, claims payment and case or medical management records. Your request to review or obtain a copy of
your protected health information records must be made in writing. We may charge a fee for the costs of pro-
ducing, copying and mailing your requested information, but we will tell you the cost in advance.
• Right To Amend Your Protected Health Information. If you feel that protected health information main-
tained by the Plan is incorrect or incomplete, you may request that we amend the information. Your request
must be made in writing and must include the reason you are seeking a change. We may deny your request
if, for example, you ask us to amend information that was not created by the Plan, as is often the case for
health information in our records or you ask to amend a record that is already accurate and complete.
If we deny your request to amend, we will notify you in writing. You then have the right to submit to us a writ-
ten statement of disagreement with our decision and we have the right to rebut that statement.
• Right to an Accounting of Disclosures by the Plan. You have the right to request an accounting of
disclosures we have made of your protected health information. The list will not include our disclosures re-
lated to your treatment, our payment or health care operations or disclosures made to you or with your au-
thorization. The list may also exclude certain other disclosures, such as for national security purposes.
Your request for an accounting of disclosures must be made in writing and must state a time period for which
you want an accounting. This time period may not be longer than six years and may not include dates before
April 14, 2003. Your request should indicate in what form you want the list (for example, on paper or elec-
tronically). The first accounting that you request within a 12-month period will be free. For additional lists
within the same time period, we may charge for providing the accounting, but we will tell you the cost in ad-
vance.
Right To Request Restrictions on the Use and Disclosure of Your Protected Health Information. You
have the right to request that we restrict or limit how we use or disclose your protected health information for
treatment, payment or health care operations. We may not agree to your request. If we do agree, we will
comply with your request unless the information is needed for an emergency. Your request for a restriction
must be made in writing. In your request, you must tell us (1) what information you want to limit; (2) whether
you want to limit how we use or disclose your information or both; and (3) to whom you want the restrictions to
apply-
• Right To Receive Confidential Communications. You have the right to request that we use a certain
method to communicate with you about the Plan or that we send Plan information to a certain location if the
communication could endanger you. Your request to receive confidential communications must be made in
writing. Your request must clearly state that all or part of the communication from us could endanger you. We
will accommodate all reasonable requests. Your request must specify how or where you wish to be contacted.
• Right to a Paper Copy of This Notice. You have a right at any time to request a paper copy of this Notice,
even if you had previously agreed to receive an electronic copy.
• Contact Information for Exercising Your Rights. You may exercise any of the rights described above by
contacting our privacy office. Seethe end of this Notice for the contact information.
Page 70 Miscellaneous Provisions Section 800
Health Information Security
Health Net requires its employees to follow the Health Net security policies and procedures that limit access to
health information about Members to those employees who need it to perform their job responsibilities. In addi-
tion, Health Net maintains physical, administrative and technical security measures to safeguard your protected
health information.
Changes To This Notice
We reserve the right to change the terms of this Notice at any time, effective for protected health information that
we already have about you as well as any information that we receive in the future. We will provide you with a
copy of the new Notice whenever we make a material change to the privacy practices described in this Notice.
We also post a copy of our current Notice on our website at www.healthnet.com. Any time we make a material
change to this Notice, we will promptly revise and issue the new Notice with the new Effective Date.
Complaints
If you believe that your privacy rights have been violated, you may file a complaint with us or with the Secretary of
the Department of Health and Human Services. All complaints to the Plan must be made in writing and sent to the
privacy office listed at the end of this Notice.
We support your right to protect the privacy of your protected health information. We will not retaliate against
You or penalize you for filing a complaint.
Contact The Plan
If you have any complaints or questions about this Notice or you want to submit a written request to the Plan as
required in any of the previous sections of this Notice, you may send it in writing to:
Address: Health Net Privacy Office
Attention: Director, Information Privacy
P.O. Box 9103
Van Nuys, CA 91409
You may also contact us at:
Telephone: 1-800-522-0088
Fax: 1-81 "76-8981
Email: Privacy@heafthnet.com
Section 900 Definitions Page 71
Section-900
DEFINITIONS
This section defines words that will help you understand your Plan. These words appear throughout this Evidence
of Coverage with the initial letter of the word in capital letters.
Acute Conditions is a medical condition that involves a sudden onset of symptoms due to an illness, injury, or
other medical problem that requires prompt medical attention and that has a limited duration. Completion of
covered services shall be provided for the duration of the Acute Condition.
Behavioral Health Administrator is a specialized health care service plan which contracts with Health Net to
underwrite and administer delivery of Mental Disorders and Chemical Dependency services through a network of
Participating Mental Health Practitioners and Participating Mental Health Facilities. Health Net has contracted with
Managed Health Network (MHN) to be the Behavioral Health Administrator.
Brand Name Drug is a Prescription Drug or medicine that has been registered under a brand or trade name by
its manufacturer and is advertised and sold under that name, and indicated as a brand in the Medi-Span or similar
third party national Database used by Health Net.
Calendar Year is the twelve-month period that begins at 12:01 a.m. Pacific Time on January 1 of each year.
Chemical Dependency is alcoholism, drug addiction or other chemical dependency problems.
Chemical Dependency Care Facility is a Hospital, residential treatment center, structured outpatient
program, day treatment or partial hospitalization program or other mental health care facility that is licensed to
provide Chemical Dependency detoxification services or rehabilitation services.
Copayment is a fee charged to you for covered services when you receive them. The Copayment is due and
payable to the provider of care at the time the service is received. The Copayment for each covered service is
shown in "Schedule of Benefits and Copayments," Section 200.
Custodial Care is care that is rendered to a patient to assist in support of the essentials of daily living such as
help in walking, getting in and out of bed, bathing, dressing, feeding, preparation of special diets and supervision
of medications which are ordinarily self-administered and which patient:
• Is disabled mentally or physically and such disability is expected to continue and be prolonged;
• Requires a protected, monitored or controlled environment whether in an institution or in the home; and
• Is not under active and specific medical, surgical or psychiatric treatment that will reduce the disability to the
extent necessary to enable the patient to function outside the protected, monitored or controlled environment.
Defined Disease is any deviation from or interruption of the normal structure or function of any part, organ, or
system (or combination thereof) of the body that is manifested by a characteristic set of symptoms and signs and
whose etiology, pathology and prognosis are known.
Domestic Partner is a person eligible for coverage provided that the partnership with the Subscriber meets all
domestic partnership requirements under California law or other recognized state or local agency. The Domestic
Partner and Subscriber must:
1. Have a common residence. It is not necessary that the legal right to possess the common residence be in
both names.
2. Not be married or a member of another domestic partnership with someone else that has not been termi-
nated, dissolved or judged a nullity.
3. Not be related by blood in a way that would prevent them from being married to each other in this state.
4. Be at least 18 years of age.
5. Be capable of consenting to the domestic partnership.
6. Be either of the following:
Page 72 /ieitllitifmv Section tion 900
• Members of the same sex; or
• Members of the opposite sex and one or both be eligible for Social Security benefits and one or both
be over the age of 62.
7. Both file a Declaration of Domestic Partnership with the Secretary of State or an equivalent document with
another recognized state or local agency, or both are persons of the same sex who have validly formed a le-
gal union other than marriage in a jurisdiction outside of California which is substantially equivalent to a Do-
mestic Partnership as defined under California law
(The requirements listed above are statutory eligibility requirements. Your Group's Domestic Partner eligibility
requirements may be less restrictive.)
Durable Medical Equipment
• Serves a medical purpose (its reason for existing is to fulfill a medical need and it is not useful to anyone in
the absence of illness or injury).
• Withstands repeated use.
• Fulfills basic medical needs, as opposed to satisfying personal preferences regarding style and range of
capabilities.
Effective Date is the date that you become covered or entitled to receive the benefits this Plan provides.
Emergency Care is any otherwise covered service for an acute illness, a new injury or an unforeseen deteriora-
tion or complication of an existing illness, injury or condition already known to the person or, if a minor, to the
minor's parent or guardian that a reasonable person with an average knowledge of health and medicine would
seek if he or she was having serious symptoms and believed that without immediate treatment, any of the
following would occur:
• His or her health would be put in serious danger (and in the case of a pregnant woman, would put the health
of her unborn child in serious danger)
• His or her bodily functions, organs or parts would become seriously damaged
• His or her bodily organs or parts would seriously malfunction
Emergency Care also includes treatment of severe Pain or active labor. Active labor means labor at the time that
either of the following would occur:
• There is inadequate time to effect safe transfer to another Hospital prior to delivery or
• A transfer poses a threat to the health and safety of the Member or unborn child.
Emergency Care will also include additional screening, examination and evaluation by a Physician (or other
health care provider acting within the scope of his or her license) to determine if a psychiatric emergency medical
condition exists and the care and treatment necessary to relieve or eliminate such condition, within the capability
of the facility.
Health Net will make any final decisions about Emergency Care. See "Independent Medical Review of Grievances
Involving a Disputed Health Care Service" under "General Provisions" for the procedure to request Independent
Medical Review of a Plan denial of coverage for Emergency Care.
Evidence of Coverage (EOC) is the booklet that Health Net has issued to the enrolled Subscriber, describing
the coverage to which you are entitled.
Experimental is any procedure, treatment, therapy, drug, biological product, equipment, device or supply which
Health Net has not determined to have been demonstrated as safe, effective or medically appropriate and which
the United States Food and Drug Administration (FDA) or Department of Health and Human Services (HHS) has
determined to be Experimental or Investigational or is the subject of a clinical trial.
Family Members are dependents of the Subscriber, who meet the eligibility requirements for coverage under
this Plan and have been enrolled by the Subscriber.
Section 900 Definitions Page 73
Follow -Up Care is the care provided after Emergency Care or Urgently Needed Care when the Member's
condition, illness or injury has been stabilized and no longer requires Emergency Care or Urgently Needed Care.
Generic Drug is the pharmaceutical equivalent of a Brand Name Drug whose patent has expired and is avail-
able from multiple manufacturers as set out in the Medi-Span or similar third party database used by Health Net.
The Food and Drug Administration must approve the Generic Drug as meeting the same standards of safety,
purity, strength and effectiveness as the Brand Name Drug.
Group is the business organization (usually an employer or trust) to which Health Net has issued the Group
Service Agreement to provide the benefits of this Plan.
Group Service Agreement is the contract Health Net has issued to the Group, in order to provide the benefits
of this Plan.
Health Net of California, Inc. (herein referred to as Health Net) is a federally qualified health mainte-
nance organization (HMO) and a California licensed health care service plan,
Health Net Recommended Drug List (also known as Recommended Drug List or the List) is a list of
the Prescription Drugs that are covered by this Plan. It is prepared and updated by Health Net and distributed to
Members, Member Physicians and Participating Pharmacies and posted on the Health Net website at
www.healthnet.com. Some Drugs in the Recommended Drug List require Prior Authorization from Health Net in
order to be covered.
Health Net Service Area is the geographic area in California where Health Net has been authorized by the
California Department of Managed Health Care to contract with providers, market products, enroll Members, and
provide benefits through approved health plans.
Home Health Care Agency is an organization licensed by the state of California and certified as a Medicare
participating provider or accredited by the Joint Commission on Accreditation of Healthcare Organizations
(JCAHO).
Home Health Care Services are services, including skilled nursing services, provided by a licensed Home
Health Care Agency to a Member in his or her place of residence that is prescribed by the Member's attending
physician as part of a written plan. Home Health Care Services are covered if the Member is homebound, under
the care of a contracting physician, and requires Medically Necessary skilled nursing services, physical, speech,
occupational therapy, or respiratory therapy or medical social services. Only Intermittent Skilled Nursing Services,
(not to exceed 4 hours a day), are covered benefits under this plan. Private Duty Nursing or shift care is not
covered under this plan. See also "Intermittent Skilled Nursing Services" and "Private Duty Nursing."
Home Infusion Therapy is infusion therapy that involves the administration of medications, nutrients, or other
solutions through intravenous, subcutaneously by pump, enterally or epidural route (into the bloodstream, under
the skin, into the digestive system, or into the membranes surrounding the spinal cord) to a patient who can be
safely treated at home. Home Infusion Therapy always originates with a prescription from a qualified physician
who oversees patient care and is designed to achieve physician -defined therapeutic end points.
Hospice is a facility or program that provides a caring environment for meeting the physical and emotional needs
of the terminally ill. The Hospice and its employees must be licensed according to applicable state and local laws
and certified by Medicare.
Hospital is a legally operated facility licensed by the state as an acute care Hospital and approved either by the
Joint Commission on Accreditation of Healthcare Organizations (JCAHO) or by Medicare.
Infertility exists when partners have experienced the following:
• The partners have had sexual relations on a recurring basis for one year with the intent of achieving preg-
nancy and childbirth;
• The partners have not used contraception, yet the female has not become pregnant; or if she became
pregnant, could not achieve a live birth; and
• The female partner has not gone through menopause.
Infertility exists when a Physician has diagnosed a medical condition that prevents conception or live birth.
Page 74 Definitions S ction 900
Intermittent Skilled Nursing Services are services requiring the skilled services of a registered nurse or
LVN, which do not exceed 4 hours in every 24 hours.
Investigational approaches to treatment are those that have progressed to limited use on humans but are not
widely accepted as proven and effective procedures within the organized medical community. Health Net will
decide whether a service or supply is Investigational_
Level I Drugs are Prescription Drugs listed in the Health Net Recommended Drug List that are primarily Generic
Drugs and are not excluded or limited from coverage.
Level 11 Drugs are Prescription Drugs listed in the Health Net Recommended Drug List that are primarily Brand
Name Drugs and are not excluded or limited from coverage.
Level III Drugs are Prescription Drugs that are not listed in the Health Net Recommended Drug List (previously
known as the formulary) or listed as Level III Drugs in the Recommended Drug List and are not excluded or
limited from coverage. Some Level III Drugs require Prior Authorization from Health Net in order to be covered.
Maintenance Drugs are Prescription Drugs taken continuously to manage chronic or long term conditions
where Members respond positively to drug treatment.
Maximum Allowable Cost for any Prescription Drug is the maximum charge Health Net will allow for Generic
Drugs or Brand Name Drugs which have a generic equivalent. A list of Maximum Allowable Cost is maintained
and may be revised periodically by Health Net.
Medical Child Support Order is a court judgment or order that, according to state or federal law, requires
employer health plans that are affected by that law to provide coverage to your child or children who are the
subject of such an order. Health Net will honor such orders.
Medically Necessary (or Medical Necessity) means health care services that a Physician, exercising
prudent clinical judgment, would provide to a patient for the purpose of preventing, evaluating, diagnosing or
treating an illness, injury, disease or its symptoms, and that are:
• In accordance with generally accepted standards of medical practice;
• Clinically appropriate, in terms of type, frequency, extent, site and duration, and considered effective for the
patient's illness, injury or disease; and
• Not primarily for the convenience of the patient, Physician, or other health care provider, and not more costly
than an alternative service or sequence of services at least as likely to produce equivalent therapeutic or di-
agnostic results as to the diagnosis or treatment of that patient's illness, injury or disease.
For these purposes, "generally accepted standards of medical practice" means standards that are based on
credible scientific evidence published in peer -reviewed medical literature generally recognized by the relevant
medical community, Physician Specialty Society recommendations, the views of Physicians practicing in relevant
clinical areas and any other relevant factors.
Medicare is the Health Insurance Benefits for the Aged and Disabled Act, cited in Public Law 89-97, as
amended.
Member is the Subscriber or an enrolled Family Member.
Member Physician is a Physician who practices medicine as an associate of a contracting Physician Group.
Mental Disorders are nervous or mental conditions that meet all of the following criteria:
• It is a clinically significant behavioral or psychological syndrome or pattern;
• It is associated with a painful symptom, such as distress;
• It impairs a patient's ability to function in one or more major life activities; or
• It is a condition listed as an Axis I Disorder (excluding V Codes) in the most recent edition of the DSM by the
American Psychiatric Association.
A
c
Section 900 Definitions Page 75
Nonparticipating Pharmacy is a pharmacy that does not have an agreement with Health Net to provide
Prescription Drugs to Members.
Nurse Practitioner (NP) is a registered nurse certified as a Nurse Practitioner by the California Board of
Registered Nursing. The NP, through consultation and collaboration with Physicians and other health providers,
may provide and make decisions about, health care.
Open Enrollment Period is a period of time each Calendar Year, during which individuals who are eligible for
coverage in this Plan may enroll for the first time or Subscribers, who were enrolled previously, may add their
eligible dependents. Enrolled Members can also change Physician Groups at this time.
The Group decides the exact dates for the Open Enrollment Period.
Changes requested during the Open Enrollment Period become effective on the first day of the calendar month
following the date the request is submitted or on any date approved by Health Net.
Out -of -Pocket Maximum is the maximum amount of Copayments you must pay for Covered Services for each
Calendar Year. It is your responsibility to inform Health Net when you have satisfied the Out -of -Pocket Maximum,
so it is important to keep all receipts for Copayments that were actually paid. Deductibles and Copayments, which
are paid toward certain covered services, are not applicable to your Out -of -Pocket Maximum and these excep-
tions are specified in "Out -of -Pocket Maximum," Section 300.
Outpatient Surgical Center is a facility other than a medical or dental office, whose main function is perform-
ing surgical procedures on an outpatient basis. It must be licensed as an outpatient clinic according to state and
local laws and must meet all requirements of an outpatient clinic providing surgical services.
Pain means a sensation of hurting or strong discomfort in some part of the body caused by an injury, illness,
disease, functional disorder or condition.
Participating Mental Health Facility is a Hospital, residential treatment center, structured outpatient pro-
gram, day treatment, partial hospitalization program, or other mental health care facility that has signed a service
contract with the Behavioral Health Administrator, to provide Mental Disorder and Chemical Dependency benefits.
This facility must be licensed by the state of California to provide acute or intensive psychiatric care, detoxification
services or Chemical Dependency rehabilitation services.
Participating Mental Health Professional is a Physician or other professional who is licensed by the state
of California to provide mental health care. The Participating Mental Health Professional must have a service
contract with the Behavioral Health Administrator to provide Mental Disorder and Chemical Dependency rehabili-
tation services.
Participating Pharmacy is a licensed pharmacy that has a contract with Health Net to provide Prescription
Drugs to Members of this Plan.
Physician is a doctor of medicine (M.D.) or a doctor of osteopathy (D.O.).
Physician Assistant is a health care professional certified by the state as a Physician Assistant and authorized
to provide medical care when supervised by a Physician.
Physician Group is a group of Physicians, who are organized as a legal entity, that has an agreement in effect
with Health Net to provide medical care to Health Net Members. They are sometimes referred to as a "contracting
Physician Group" or "Participating Physician Group (PPG)." Another common term is "a medical group." An
individual practice association may also be a Physician Group.
Plan is the health benefits purchased by the Group and described in the Group Service Agreement and this
Evidence of Coverage.
Prescription Drug is a drug or medicine that can be obtained only by a Prescription Drug Order. All Prescrip-
tion Drugs are required to be labeled "Caution, Federal Law Prohibits Dispensing Without a Prescription." An
exception is insulin and other diabetic supplies which are considered to be a covered Prescription Drug.
Prescription Drug Order is a written or verbal order, or refill notice for a specific drug, strength and dosage
form (such as a tablet, liquid, syrup or capsule) issued by a Member Physician.
I
Page 76 1 lnitions Section 900
Primary Care Physician is a Member Physician who coordinates and controls the delivery of covered services
and supplies to the Member. Primary Care Physicians include general and family practitioners, internists, pediatri-
cians and obstetricians/gynecologists.
Prior Authorization is Health Net's approval process for certain Level I, Level II or Level III Drugs that require
pre -approval. Member Physicians must obtain Health Net's Prior Authorization before certain Level I, Level II or
Level III Drugs will be covered.
Private Duty Nursing means continuous nursing services provided by a licensed nurse (RN, LVN or LPN) for a
patient who requires more care than is normally available during a home health care visit or is normally and
routinely provided by the nursing staff of a hospital or skilled nursing facility. Private Duty Nursing includes nursing
services (including intermittent services separated in time, such as 2 hours in the morning and 2 hours in the
evening) that exceeds a total of four hours in any 24-hour period. Private Duty Nursing may be provided in an
inpatient or outpatient setting, or in a non -institutional setting, such as at home or at school. Private Duty Nursing
may also be referred to as "shift care."
Recommended Drug List (also known as Health Net Recommended Drug List or the List) is a list of
the Prescription Drugs that are covered by this Plan. It is prepared and updated by Health Net and distributed to
Members, Member Physicians and Participating Pharmacies and posted on the Health Net website at
www.healthnet.com. Some Drugs in the Recommended Drug List require Prior Authorization from Health Net in
order to be covered.
Residential Treatment Center is a twenty-four hour, structured and supervised group living environment for
children, adolescents or adults where psychiatric, medical and psychosocial evaluation can take place, and
distinct and individualized psychotherapeutic interventions can be offered to improve their level of functioning in
the community. Health Net requires that all contracted Residential Treatment Centers must be appropriately
licensed by their state in order to provide residential treatment services.
Serious Chronic Condition is a medical condition due to a disease, illness, or other medical problem or
medical disorder that is serious in nature and that persists without full cure or worsens over an extended period of
time or requires ongoing treatment to maintain remission or prevent deterioration
Serious Emotional Disturbances of a Child is when a child under the age of 18 has one or more Mental
Disorders identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, other
than a primary substance use disorder or a developmental disorder, that result in behavior inappropriate to the
child's age according to expected developmental norms. In addition, the child must meet one or more of the
following:
• As a result of the Mental Disorder, the child has substantial impairment in at least two of the following areas:
self -care, school functioning, family relationships or ability to function in the community; and either (i) the child
is at risk of removal from home or has already been removed from the home or (ii) the Mental Disorder and
impairments have been present for more than six months or are likely to continue for more than one year;
• The child displays one of the following: psychotic features, risk of suicide or risk of violence due to a Mental
Disorder; or
• The child meets special education eligibility requirements under Chapter 26.5 (commencing with Section
7570) of Division 7 of Title 1 of the Government Code.
Severe Mental Illness include schizophrenia, schizoaffective disorder, bipolar disorder (manic-depressive
illness), major depressive disorders, panic disorder, obsessive -compulsive disorders, pervasive developmental
disorder (including Autistic Disorder, Rett's Disorder, Childhood Disintegrative Disorder, Asperger's Disorder and
Pervasive Developmental Disorder not otherwise specified to include Atypical Autism, in accordance with the
most recent edition of the Diagnostic and Statistical Manual for Mental Disorders), autism, anorexia nervosa and
bulimia nervosa.
Skilled Nursing Facility is an institution that is licensed by the appropriate state and local authorities to
provide skilled nursing services. In addition, Medicare must approve the facility as a participating Skilled Nursing
Facility.
Specialist is a Member Physician who delivers specialized services and supplies to the Member. Any Physician
other than an obstetrician/gynecologist acting as a Primary Care Physician, general or family practitioner, internist
.A
Section 900 Definitions Page 77
or pediatrician is considered a Specialist. With the exception of well -woman visits to an obstetrician/gynecologist,
all Specialist visits must be referred by your Primary Care Physician to be covered.
Specialty Pharmacy Vendor is a pharmacy contracted with Health Net specifically to provide injectable
medications, needles and syringes.
Subscriber is the principal eligible, enrolled Member. The Subscriber must meet the eligibility requirements
established by the Group and agreed to by Health Net as well as those described in this Evidence of Coverage.
An eligible employee (who becomes a Subscriber upon enrollment) may enroll members of his or her family who
meet the eligibility requirements of the Group and Health Net.
Terminal Illness is an incurable or irreversible condition that has a high probability of causing death within one
year or less. Completion of covered services shall be provided for the duration of a Terminal Illness.
Urgently Needed Care is any otherwise covered medical service that a reasonable person with an average
knowledge of health and medicine would seek for treatment of an injury, unexpected illness or complication of an
existing condition, including pregnancy, to prevent the serious deterioration of his or her health, but which does
not qualify as Emergency Care, as defined in this section. This may include services for which a person should
reasonably have known an emergency did not exist.
SUPPORTING
DOCUMENTS
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: March 27, 2007
TO: Willard Yamaguchi, Chief Deputy City Attorney/Acting Risk Manager
FROM: Nelly Giron, Acting City Clerk
RE: Resolution No. 9277 - A Resolution of the City Council of the
City of Vernon Approving a Group Hospital and Professional
Service Agreement with Health Net of California, Inc.
Regarding the City's HMO Health Benefit Plan
Transmitted herewith is a copy of Resolution No. 9277 referenced above,
which was approved by City Council on March 19, 2007.
Thank you.
NG:dr
c: Cindy Calzada
Resolution No. 9277
Agreement No. 07-031