EPO: 2022
deadline. If your grievance requires expedited review you may bring it immediately to the
attention of the IMR. The IMR may waive the requirement that you follow Exclusive Care’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, Exclusive Care will provide benefits for the Disputed Health
Care Service. If your case is not eligible for IMR, the IMR will advise you of your alternatives.
For non-urgent cases, the IMR organization must provide its determination within 30 days of
receipt of the application for review and the supporting documents. For urgent cases involving
imminent 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 processor to request an application form, please call Exclusive
Care’s Member Services Department at the telephone number on your Exclusive Care ID Card.
Neutral Binding Arbitration
Arbitration is an alternative method of resolving disputes in which two parties present their
individual sides of a complaint to an objective arbitrator or panel of arbitrators, who will weigh
the facts and arguments of both parties and resolve the dispute.
Exclusive Care uses neutral binding arbitration to resolve disputes. By enrolling
in the Plan, you are waiving your rights to a jury or court trial for disputes. These
disputes will be settled by neutral binding arbitration.
State of California Laws regarding Arbitration
Arbitration is a vehicle for the resolution of any disputes concerning health care services,
Benefits, or contract interpretation pertaining to any personal liability, tort claims, or contract
disputes originating from Exclusive Care’s employer group agreement. Personal liability, tort
claims, or contract disputes related to eligibility for enrollment, effective date of coverage, and
malpractice or bad faith are EXCLUDED from binding arbitration. For allegations of bad faith or
malpractice, proceed directly to the appropriate court. Arbitration will be held in the County of
Riverside.
Costs associated with the services of the named Arbitrator will be shared by the parties involved.
Costs for individual preparation and/or attendance (complaining parties, witnesses, travel
expenses. etc.) at the arbitration will be the sole responsibility of the party incurring the expense.
Pursuant to California law, any claim of up to $200,000 must be decided by a single neutral
arbitrator who shall be chosen by the parties and who shall have no jurisdiction to award more
than $200,000.
However, Exclusive Care and the Member may agree in writing to waive the requirement to use
a single arbitrator and instead opt to use a tripartite arbitration panel that includes the two-party
appointed arbitrators or a panel of three neutral arbitrators, or another multiple arbitrator system
mutually agreeable to the parties. You have three (3) business days to rescind the waiver