Appealing a Health Insurance Denial

Where You Need a Lawyer:

(This may not be the same place you live)

At No Cost! 

 What Can I Do If My Health Insurance Company Denies My Claim?

If your health insurance company refuses your claim, it implies they will not pay for any or all of the medical expenditures you reported. This may be a difficult and perplexing issue, but solutions are available.

The following are examples of difficulties in acquiring a health insurance policy:

  1. Cost: Health insurance may be costly, particularly for those who do not have employer-sponsored coverage.
  2. Eligibility: Not everyone, such as those with pre-existing medical illnesses or those who have lost their employment, is eligible for health insurance.
  3. Complexity: Navigating the health insurance system may be difficult and complex, particularly for those unfamiliar with insurance words and procedures.

If your claim is refused, you may pursue the following steps:

  • Examine the rejection notice: The notification should explain why your claim was refused and what measures you should take next.
  • Object to the decision: Most health insurance carriers may usually appeal a refused claim. You must follow the procedure indicated by your insurance carrier.
  • Gather any more paperwork that may support your argument: If your appeal is based on a lack of information, gather further evidence to support your case.
  • Seek outside assistance: If you’re still having trouble settling your claim, try contacting a patient advocate or a consumer advocacy organization for assistance.

Although appealing a health insurance claim denial might take time, it’s also a vital step in ensuring that you get the coverage you’re entitled to under your health insurance policy.

Outline of the Appeal Process

The following stages are usually included in the appeals process:

  1. Examine the rejection notice: The notification should explain why your claim was refused and what measures you should take next. Read the notification carefully to decide whether an appeal is warranted and what actions to take next.
  2. Gather any more paperwork that may support your argument: If your appeal is based on a lack of information, gather further evidence to support your case. This might include medical records, test results, or doctor’s letters.
  3. Submit the appeal: Use the given appeal form or write a letter to your insurance company to submit the appeal. Include any supporting documents that you have accumulated.
  4. Wait for a decision: Your insurance provider will analyze your appeal and make a judgment within a certain time limit, generally 30 to 90 days.
  5. Examine the decision: If your appeal is successful, the insurance company will pay for the medical bills. If your appeal is refused, you may be entitled to take more action, such as requesting mediation or filing a lawsuit.

The appeals procedure and standards may differ based on the insurance provider and your policy. For additional information on the appeal procedure, visit your insurance company’s policy and guidelines.

What Is the First Internal Review?

The initial internal review is a phase in the appeal procedure for a refused health insurance claim. It is a preliminary evaluation of the rejected claim by the insurance company’s appeals department, usually undertaken by someone other than the person who initially decided to refuse the claim.

During the initial internal review, the insurance company will re-examine the claim and accompanying documents, including any new material submitted with the appeal. The reviewer will determine whether the initial decision was accurate and if the denial was consistent with the insurance policy and applicable laws and regulations.

If the first internal review affirms the initial refusal, the claimant may request a second internal review or seek outside assistance, such as mediation or legal action. The insurance company will reimburse the disputed medical bills if the first internal review reverses the refusal.

It’s crucial to remember that the initial internal review’s conclusion is not final and that further appeals may be available, depending on the insurance company and your unique policy. The results of the first internal review should be thoroughly scrutinized and assessed to identify the appropriate course of action.

What Is the Second Internal Review?

The second internal review is the next stage in the appeal procedure for a refused health insurance claim. It happens when a claimant is dissatisfied with the decision of the initial internal review and chooses to pursue an appeal.

During the second internal review, the claim and accompanying documents will be assessed by a different member within the insurance company’s appeals department. This individual will reconsider the initial rejection and the results of the first internal review.

The second internal review will take into account all of the material supplied during the first internal review and any new information provided by the claimant. The purpose of the second internal review is to examine if the first decision was right and whether the denial was in conformity with the insurance policy and applicable laws and regulations.

If the second internal review affirms the first refusal, the claimant may be able to seek external assistance, such as mediation or legal action. The insurance company will pay for the medical expenditures if the second internal review overturns the rejection.

It’s crucial to note that the conclusion of the second internal review is frequently regarded as final. However, depending on the insurance company and your individual policy, you may still be able to pursue additional appeals. To identify the appropriate course of action, the results of the second internal review should be thoroughly analyzed and assessed.

Appealing the Second Review: What Is an External Review?

Suppose the claimant is not satisfied with the decision of the second internal review. In that case, an external review is the following stage in the appeal procedure for a refused health insurance claim. An external review is a review of a refused claim conducted by a third party other than the insurance company.

Many states provide the external review procedure, which is often mandated by law for insurance firms participating in those states’ Medicaid programs. The rejected claim and accompanying evidence will be evaluated by an impartial organization or individual who was not involved in the initial decision or internal reviews during an external review.

The purpose of the external review is to examine if the first decision was accurate and whether the denial was in conformity with the insurance policy and applicable laws and regulations. The external reviewer will analyze all of the material presented during the internal reviews and any extra information provided by the claimant.

If the external review maintains the initial decision, the claimant may have exhausted all internal appeals options, but they may still be able to seek outside assistance, such as legal action. The insurance company will pay for the medical expenditures if the external review overturns the rejection.

It should be noted that the external review procedure is not accessible in all states and may be subject to special standards and time limitations. Contact the insurance company or the relevant state agency for further information on the availability of external evaluations and the particular regulations for that state.

When the Appeals Fail, Should You Bring a Lawsuit?

If both the internal and external appeals systems fail, a person may consider suing their health insurance provider. It is possible to sue a health insurance company after a claim denial, but it is typically a difficult and time-consuming procedure, and it may be preferable to seek the assistance of a health insurance denial attorney.

A health insurance denial attorney may assist the claimant in understanding their legal rights and alternatives and advise on whether filing a lawsuit is a realistic option. If a lawsuit is the best option, the attorney may aid with its preparation and filing and represent the claimant in court.

A claimant must establish in a lawsuit that the insurance company acted in bad faith or failed to obey the insurance policy’s provisions or relevant laws and regulations. The lawsuit must also demonstrate that the rejected claim was a covered cost under the insurance policy and was not refused due to a lawful exclusion or restriction.

It is crucial to know that filing a lawsuit against a health insurance provider may be time-consuming and costly. Before making a choice, it’s wise to thoroughly assess the costs and advantages of a lawsuit and consult with a knowledgeable attorney.

Seeking Help from an Attorney

If you have been denied a health insurance claim and have exhausted all internal and external appeals, consider hiring an insurance lawyer. A knowledgeable attorney can assist you in understanding your legal rights and alternatives and advise you on whether filing a lawsuit is a realistic option.

If you decide to file a lawsuit, an insurance denial attorney may evaluate the contents of your refused claim and insurance policy and assist you in building a compelling case. They may also defend you in court, negotiate with the insurance company, and fight for a fair and equitable result.

Save Time and Money - Speak With a Lawyer Right Away

  • Buy one 30-minute consultation call or subscribe for unlimited calls
  • Subscription includes access to unlimited consultation calls at a reduced price
  • Receive quick expert feedback or review your DIY legal documents
  • Have peace of mind without a long wait or industry standard retainer
  • Get the right guidance - Schedule a call with a lawyer today!
star-badge.png

16 people have successfully posted their cases

Find a Lawyer