[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR890.107]

[Page 441]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 890_FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM--Table of Contents
 
             Subpart A_Administration and General Provisions
 
Sec. 890.107  Court review.

    (a) A suit to compel enrollment under Sec. 890.102 must be brought 
against the employing office that made the enrollment decision.
    (b) A suit to review the legality of OPM's regulations under this 
part must be brought against the Office of Personnel Management.
    (c) Federal Employees Health Benefits (FEHB) carriers resolve FEHB 
claims under authority of Federal statute (5 U.S.C. chapter 89). A 
covered individual may seek judicial review of OPM's final action on the 
denial of a health benefits claim. A legal action to review final action 
by OPM involving such denial of health benefits must be brought against 
OPM and not against the carrier or carrier's subcontractors. The 
recovery in such a suit shall be limited to a court order directing OPM 
to require the carrier to pay the amount of benefits in dispute.
    (d) An action under paragraph (c) of this section to recover on a 
claim for health benefits:
    (1) May not be brought prior to exhaustion of the administrative 
remedies provided in Sec. 890.105;
    (2) May not be brought later than December 31 of the 3rd year after 
the year in which the care or service was provided; and
    (3) Will be limited to the record that was before OPM when it 
rendered its decision affirming the carrier's denial of benefits.

[61 FR 15179, Apr. 5, 1996]