Chronic Pain denials in California external review

In the California DMHC record, independent physician reviewers decided 137 published external-review cases involving chronic painand overturned the plan’s denial in 21.9%. That is a historical result among cases that reached this program, not a forecast for an individual appeal.

California DMHC decisions
137
2003–2026
Overturned
21.9%
30 denials reversed

Most-fought treatments for chronic pain

What insurers denied — and how those fights ended.
TreatmentDecisionsOverturned
Norco20
5%

What the insurer actually argued

Denials fall into different categories, and they don’t succeed equally — so the reason on your letter changes how you should answer it.
Reason givenDecisionsOverturned
Medical Necessity
The plan said the care wasn’t medically necessary. The most common fight, and the most winnable.
133
21.8%
Experimental/Investigational
The plan called the treatment unproven. These turn on published evidence, so the appeal is a literature argument.
3
33.3%
Typical time to a decision
6 days
Most land between 3 and 19 days
Handled as urgent
54.7%
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

Findings: The physician reviewer found that the patient has requested authorization and coverage for Belbuca films. In a meta-analysis and review of 33 studies looking at the use of buprenorphine in chronic pain, researchers concluded, “Buprenorphine is an atypical opioid that demonstrates efficacy similar to that of Schedule II full μ-opioid receptor agonists in managing chronic pain while exhibiting a favorable tolerability profile, including the reduced likelihood of abuse potential and respiratory depression.” Researchers report that consensus guidelines on the use of buprenorphine for chronic pain management recommend that buprenorphine be considered before some Schedule II, III, or IV opioids in patients with a favorable risk/benefit profile based on metabolic factors, abuse potential, and tolerability, and that buprenorphine be continued during the perioperative/trauma period…
Medical Necessity · 2024 · IMR MN24-42678
Nature of Statutory Criteria/Case Summary: The patient has requested authorization and coverage for hydrocodone bitartrate 20 mg extended-release capsule (one capsule every 12 hours). The submitted documentation supports the medical necessity of the requested medication. On determining when to initiate or continue opioids for chronic pain, researchers report, “Nonpharmacologic therapy and nonopioid pharmacologic therapy are preferred for chronic pain. Clinicians should consider opioid therapy only if expected benefits for both pain and function are anticipated to outweigh risks to the patient.
Medical Necessity · 2022 · IMR MN22-37675

Where the denial was upheld

Worth reading too — these show what an appeal has to overcome.
Nature of Statutory Criteria/Case Summary: A patient has requested authorization and coverage for hydrocodone-acetaminophen (Norco) 10-325 mg, oral tablets, 180 count. The Health Plan has denied this request indicating that the requested medication regimen is not medically necessary for treatment of the patient’s chronic pain. The submitted documentation does not support the medical necessity of the requested medication regimen. Chronic pain that has no hope for a cure can be considered palliative in nature and treatment. The World Health Organization’s stepwise ladder for pain relief is considered the reasonable approach to pain control in the palliative setting. However, in the documentation submitted for review, there is a lack of objective towards treatment goals for pain and function for this patient. Several requirements for opioid prescribing have not been documented.
Medical Necessity · 2018 · IMR MN18-28834
Nature of Statutory Criteria/Case Summary: An enrollee has requested authorization and coverage for Subutex. The Health Plan has denied this request indicating that the requested medication is not medically necessary for treatment of the enrollee medical history.Findings: The documentation provided does not support the medical necessity for the requested medication in this clinical setting. The stepwise World Health Organization (WHO) ladder for pain relief is considered a reasonable approach to pain control in the palliative and the non-palliative settings (Raffa and Pergolizzi). However, in the documentation available for review, there were no objective treatment goals for pain and function noted for the requested medication. The Centers for Disease Control and Prevention (CDC) guideline states when opioids are started, providers should prescribe the lowest effective dosage.
Medical Necessity · 2018 · IMR MN18-28607

Figures and quotations on this page come from 42,749 published decisions in the California DMHC Independent Medical Review dataset. These are California external-review outcomes. Other state and federal programs have different eligibility rules, processes, and current availability; the rates here do not transfer to those programs or predict an individual result. 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 describe eligible cases completed through California DMHC’s Independent Medical Review program. They do not estimate the chance that an internal appeal, an external review in another jurisdiction, or your individual case will succeed. Use the record to identify evidence patterns involving chronic pain, then check the rights and deadlines that apply to your plan.

SOURCE: CALIFORNIA DMHC INDEPENDENT MEDICAL REVIEW OUTCOMES (CHHS OPEN DATA) · AGGREGATES + DEIDENTIFIED DECISION EXCERPTS/REFERENCE IDS · 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 chronic pain? Use the California record to prepare.

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