83 Review by Independent Review Organization Upon a determ ination that a request is eligible for expedited external review following the preliminary review, the Plan will assign an IRO. The Plan will expeditiously provide or transmit to the assigned IRO all necessary documents and information that it considered i n denying the claim. The assigned IRO, to the extent the information or documents are available and the IRO considers them appropriate, must consider the information or documents described in the procedures for standard review, previously. In reaching a de cision, the assigned IRO must review t he claim de novo (as if it is new) and is not bound by any decisions or conclusions reached during the Plan’s internal claims and appeals process. However, the IRO will be bound to observe the terms of the Plan to ensu re that the IRO decision is not contrary to the terms of the Plan, unless the terms are inconsistent with applicable law. The IRO also must observe the Plan’s requirements for benefits, including the Plan’s standards for clinical review criteria, medical n ecessity, appropriateness, health care setting, level of care, or effectiveness of a covered benefit, unless such requirements are inconsistent with applicable law. The IRO will provide notice of the final external review decision, in accordance with the r equirements set forth in this Section, as expeditiously as your medical condition or circumstances require, but in no event more than 72 hours after the IRO receives the request for an expedited external review. If the notice is not in writing, within 48 h ours after the date of providing that notice, the IRO must provide written confirmation of the decision to you and the Plan. After External Review If, upon external review, the IRO reverses the Plan’s denial, upon the Plan’s receipt of notice of such rever sal, the Plan will immediately provide coverage or payment for the reviewed claim. However, even after providing coverage or payment for the claim, the Plan may, in its sole discretion, seek judicial remedy to reverse or modify the IRO’s decision. If the f inal external review upholds the Plan’s denial, the Plan will continue not to provide coverage or payment for the reviewed claim. If you are dissatisfied with the external review determination, you may seek judicial review as permitted under ERISA Section 502(a). Elimination of Conflict of Interest To ensure that the persons involved with adjudicating claims and appeals (such as claim processors and medical experts) act independently and impartially, decisions related to those persons’ employment status (such as decisions related to hiring, compensation, promotion, termination or retention), will not be made on the basis of whether that person is likely to support a denial of benefits. Facility of Payment If the Board of Trustees or its designee determines that you cannot submit a claim or prove that you or your covered Dependent paid any or all of the charges for health care services that are cov e red by the Plan because you are incompetent or incapacitated, the Plan may, at its discretion, pay Plan benefits directly to the health care professional(s) who provided the health care services or supplies, or to any other individual who is providing for your care and support. Any such payment of Plan benefits will completely discharge the Plan’s obligations to the extent of that payment. Neither the Plan, Board of Trustees, appropriate Claims Administrator nor any other designee of the Plan will be requ ired to see to the application of the money so paid. Board of Trustee and IRO Decisions are Final and Binding The decision of the Board of Trustees and the IRO are final and binding on all parties, including anyone claiming a benefit on your behalf. Only as limited by the IRO, the Board of Trustees of the National IAM Benefit Trust Fund has full discretion and authority to determine all matters relating to the benefits provided under this Plan including, but not limited to, all questions of coverage, eligi bility, and methods of providing or arranging for benefits, as well as full discretion and authority over the standard of p roof required for any claim and