Georgia external review
Georgia runs two tracks. The state's Patient's Right to Independent Review Act covers managed care denials over $500 — free, decided in 15 business days, with the burden of proof on the insurer. But most ACA-regulated plans in Georgia use the federally administered external review instead, because CMS classifies Georgia's process as not meeting federal ACA standards.
Deadlines and decision timelines
- Your filing window: 120 days after the final internal denial; confirm the triggering event on the notice.
- Standard review decided in: State track: 15 business days after the record-submission window closes; federal track: 45 days
- Expedited review decided in: 72 hours — your treating provider determines that standard timing would jeopardize your health or functional capacity
- Cost to you: None — the managed care entity pays the full cost
How to file, step by step
- Read your final denial letter first. It states which track applies to your plan — Georgia's state independent review or the federal external review process. The paths and deadlines differ.
- State track: send a written request to OCI. No special form is required — a simple written request with your identifying information suffices (Rule 120-2-111). File through OCI's Consumer Complaint Portal or contact Consumer Services at 1-800-656-2298.
- Federal track: follow the letter's federal filing instructions. Federal external review generally must be requested within 4 calendar months after receipt of the notice or final determination. Use the reviewer named in your denial; HealthCare.gov links to the current MAXIMUS filing site for plans that elect HHS review. CMS reopened the HHS-administered Federal External Review Process on July 31, 2026. Its limited extension gave eligible consumers whose original filing deadline fell July 1–August 3, 2026 until October 2, 2026 to file. That notice does not extend other deadlines or establish a new extension after October 2. The HHS process applies only when the plan elects it; other plans use a contracted independent review organization or a separate program's rules.
- The reviewer decides. On the state track the insurer must ship your records to the IRO within 3 business days of assignment, and the IRO decides within 15 business days — 72 hours if expedited.
Who can use it
- State track: enrollees of fully-insured managed care plans, where the denied treatment reasonably appears to be a covered benefit and its cost is at least $500.
- Most ACA-regulated plans in Georgia use the federal external review process instead — your denial letter says which applies.
- Not under OCI jurisdiction: self-insured employer (ERISA) plans, Federal Employees' plans, Medicare, Medicaid, the State of Georgia Employee's Health Plan, and University System of Georgia policies.
What to know
- The burden of proof in a Georgia independent review rests with the insurer, not with you (Rule 120-2-111).
- A state-track IRO decision in your favor is final and binding on the plan, and relief must be provided without delay (O.C.G.A. § 33-20A-37).
- The state track has a $500 minimum treatment cost — smaller claims should use the internal appeal and OCI consumer complaint routes.
- Experimental-treatment review has its own stricter track requiring physician certification and peer-reviewed evidence.
Denial data from plans operating in Georgia
| Insurer | Contract / plan | Line | Requests | Denied | Appeals overturned |
|---|---|---|---|---|---|
| Centene | H1112 Wellcare | Medicare Advantage | 52,573 | 15.31% | 94.19% |
| Centene | H0111 Wellcare | Medicare Advantage | 12,773 | 15.66% | 94.26% |
| Elevance Health | H5422 Anthem | Medicare Advantage | — | 6.5% | 77% |
Georgia external review FAQ
Which review process applies to my Georgia plan?
It depends on the plan. Georgia's state independent review covers fully-insured managed care plans for denials over $500, but CMS classifies Georgia's process as not meeting federal ACA standards, so most ACA-regulated plans use the federally administered external review instead. Your final denial letter states which process applies and how to file.
Does Georgia's independent review cost anything?
No. Georgia law requires the managed care entity to pay the full cost of the independent review (O.C.G.A. § 33-20A-34).
Who has to prove their case?
The insurer. Georgia's implementing regulation places the burden of proof on the managed care entity in all questions before the independent review organization — an unusually consumer-friendly rule.
Is there a minimum claim size?
For the state track, yes — the proposed treatment must cost at least $500. The federal external review process has no such minimum.
What's happening with the federal external review portal?
CMS reopened the HHS-administered Federal External Review Process on July 31, 2026. Its limited extension gave eligible consumers whose original filing deadline fell July 1–August 3, 2026 until October 2, 2026 to file. That notice does not extend other deadlines or establish a new extension after October 2. The HHS process applies only when the plan elects it; other plans use a contracted independent review organization or a separate program's rules.
Primary sources
- CMS — HHS FERP reopening and limited deadline extension (verified 2026-10-05)
- HealthCare.gov — current federal filing instructions (verified 2026-10-05)
- Ga. Comp. R. & Regs. 120-2-111 (independent review rules)
- OCI — file a consumer insurance complaint
- CMS — external appeals (federal process status)