A&H Policy ProvisionsQuestion 297 of 716

A California health insurer denies a claim for a covered service. Which statement BEST describes the insured's CLAIM-APPEAL rights?

a.The insurer must provide a written explanation of the denial and inform the insured of the right to file an internal appeal; after exhausting internal review the insured has the right to an Independent Medical Review (IMR) for medical-necessity / experimental-treatment denials administered by the California Department of Insurance or DMHC, free of cost
b.Appeals must be filed within 24 hours of the denial or the insured's rights are permanently waived, and Independent Medical Review is open only to insureds covered under a group contract; an individual policyholder whose claim is denied is confined to the binding arbitration clause printed in the policy itself
c.The insured has no right to appeal a denied claim outside the courts, because California treats a coverage denial as an ordinary contract dispute that only a superior court may resolve; the Department of Insurance is barred from reviewing any individual claim and may act only on a pattern of misconduct found during a market-conduct examination, and the insured's only recourse is to sue on the contract itself
d.Only the insured's treating physician may file an appeal or request an Independent Medical Review, because the question turns on clinical judgment; the physician must also advance the review fee to the reviewing panel and is reimbursed by the insurer only when the denial is ultimately overturned

Explanation

Under California Insurance Code §10123.13, §10123.147, and the Fair Claims Settlement Practices Regulations (10 CCR §2695 et seq.), a health insurer that denies a claim must provide a written explanation of the basis for denial, cite the policy provisions relied upon, and inform the insured of internal appeal rights — which is what the response describing written denial notice, internal appeal, and a free Independent Medical Review states. After exhausting the insurer's internal review, the insured may request an Independent Medical Review (IMR) for medical-necessity, investigational/experimental, and certain emergency-care denials. IMRs are administered free of charge by the CDI (for CDI-regulated products) or the DMHC (for Knox-Keene plans), and the insurer is bound by the IMR decision. The response saying the insured has no appeal outside the courts wrongly denies the regulatory appeal scheme. The response letting only the treating physician appeal or request an IMR is wrong; insureds may file directly. The response imposing a 24-hour filing deadline and limiting IMR to group contracts fabricates that deadline; typical appeal windows are 60 to 180 days or longer.

Law Reference: California Insurance Code §10123.13 and §10123.147 (claim handling / appeals)

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