Home / Conditions / Anoxic Brain Injury

Anoxic Brain Injury: when insurers say no, reviewers often say yes

In 15 published external-review decisions involving anoxic brain injury, independent physician reviewers overturned the insurer’s denial 40% of the time.

Published decisions
15
2001–2026
Overturned
40%
6 denials reversed
Typical time to a decision
8 days
Most land between 5 and 20 days
Handled as urgent
53.3%
Expedited when a delay would cause harm
What the reviewers wrote
Excerpts from the independent reviewers’ published findings — the actual reasoning, quoted, not summarised.

Where the denial was overturned

A 26-year-old male enrollee requested immediate neuropsychiatry assessment to determine whether his behavior is attributable to his brain injury, psychiatric condition or combination of both; an assessment to make a differential diagnosis of his brain condition and psychiatric condition; learning and coping skills so he can have a productive life; an assessment of his psychological defects and his psychiatric/psychological condition; and intensive individual psychiatric therapy (not group therapy) with cognitive behavioral dialectical therapy, with any other therapies a neuropsychiatrist can provide for medical evaluation of his late effects of anoxic brain injury. Findings: The physician reviewer found that the submitted documentation supports the medical necessity of a portion of the requested services.
Medical Necessity · 2014 · IMR MN14-18621
Nature of Statutory Criteria/Case Summary: An enrollee has requested coverage for the following inpatient neuro-rehabilitation treatment program services: physical therapy, occupational therapy, speech therapy, educational therapy, counseling, nursing, behavior management, clinical case management and family counseling and education. Findings: The physician reviewer found that the submitted documentation supports the medical necessity of the requested services. This patient is likely to benefit from a facility dedicated to neuro-rehabilitation. Per the records, he is displaying symptoms that are behavioral as well as cognitive secondary to anoxic brain injury from carbon monoxide poisoning. Neuro-rehabilitation programs typically have a team-based approach to treating neurobehavioral problems.
Medical Necessity · 2019 · IMR MN19-30370

Where the denial was upheld

Worth reading too — these show what an appeal has to overcome.
Physician 1: The patient is a 27-year-old female who experienced ischemic brain injury and coma after a heart transplant for cardiomyopathy. She has received hyperbaric oxygen therapy for her brain injury/palsy and her family and provider consider the treatment beneficial. The Health Plan deemed the therapy experimental/investigational and reimbursement and future coverage were denied.A search of the relevant medical literature revealed no studies to suggest a benefit from hyperbaric oxygen for persistent deficits related to toxic, ischemic or anoxic encephalopathy. Additionally, the peer-reviewed literature does not demonstrate evidence suggesting efficacy of hyperbaric oxygen in patients following coma. Therefore, I have determined that the requested therapy was/is not likely to be more beneficial for treatment of the patient’s medical condition than any available standard therapy.
Experimental/Investigational · 2006 · IMR EI06-5095
Nature of Statutory Criteria/Case Summary: An enrollee has requested authorization and coverage for continuous electroencephalography (EEG) monitoring at a tertiary level facility, a brain magnetic resonance imaging (MRI) while the patient is ventilated at a tertiary facility, and treatment at a tertiary level facility.At issue is whether continuous EEG monitoring is medically necessary to treat the patient’s condition. If so, is it medically necessary to be performed at a tertiary level facility? Additionally, is a brain MRI while the patient is ventilated medically necessary to treat the patient’s condition. If so, is it medically necessary to be performed at a tertiary level facility? Is treatment at a tertiary level facility medically necessary to treat the patient’s medical condition?Anoxic brain injury is most often associated with clinical events such as cardiac arrest.
Medical Necessity · 2021 · IMR MN21-35548

Figures and quotations on this page come from 42,749 published decisions in the California DMHC Independent Medical Review dataset. These are California outcomes — every state runs an equivalent external review, but the rates here are California’s. Excerpts are quoted verbatim from the public record and describe this condition generally, not any individual case.

How to use this in your appeal

These outcomes come from California’s external review program — an independent physician panel whose decision binds the insurer. Every state has an equivalent, and internal appeals succeed even more often. If your care for anoxic brain injury was denied, the published record says the denial is worth fighting.

SOURCE: CALIFORNIA DMHC INDEPENDENT MEDICAL REVIEW OUTCOMES (CHHS OPEN DATA) · DERIVED AGGREGATE STATISTICS ONLY · METHODOLOGY

Not legal or medical advice. Coverage Rights is a self-help tool that helps you prepare your own appeal. For advice about your specific situation, talk to a licensed attorney or your doctor.

Fighting a denial for anoxic brain injury? 40% won.

Explain my denial — freeStart my appeal · $39