A&H Policy ProvisionsQuestion 297 of 315

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

a.The insured has no right to appeal a denied claim outside the courts
b.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
c.Only the insured's physician — not the insured — may file an appeal
d.Appeals must be filed within 24 hours of the denial or are waived

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. 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. Option A wrongly denies the regulatory appeal scheme. Option C is wrong; insureds may file directly. Option D fabricates a 24-hour 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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