What if there is a conflict between state law and DOL regulations?

State law (Michigan Public Act 250) also applies to insured ERISA plans unless it prevents the application of the Department of Labor (DOL) regulations. For example, PA250 requires Blue Cross Blue Shield of Michigan (BCBSM) and Blue Care Network (BCN) to decide appeals of post-service claims within 35 days. Since this rule provides a quicker review time than the DOL regulations and will not prevent compliance with the maximum period of 60 days allowed under the DOL rules for finalizing post-service appeals it will be followed. Therefore, members in insured groups will continue to receive notice of determination on appeal of post-service claims within 35 days.

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