§ 20-3155 — Notice of intent to file suit

A. Before an enrollee files an action pursuant to section 20-3153, the enrollee shall either:

1. Complete the health care appeals process prescribed in chapter 15, article 2 of this title.

2. Provide written notice to the health care insurer at least thirty days before filing suit stating the enrollee's intention to file suit and setting forth the basis for the suit.

B. If the enrollee provides notice pursuant to subsection A, paragraph 2 of this section, the enrollee shall deliver the notice to the health care insurer in compliance with the terms specified for delivery of written notices prescribed in the policy, contract or evidence of coverage. If the policy, contract or evidence of coverage does not specify the terms for delivery of written notices, the enrollee may provide notice to the last representative of the health care insurer who corresponded in writing with the enrollee.

C. Participation in the health care appeals process prescribed in chapter 15, article 2 of this title does not prohibit or limit the enrollee from filing suit at the conclusion of the appeals process.