COPD denials in California external review

In the California DMHC record, independent physician reviewers decided 70 published external-review cases involving COPDand overturned the plan’s denial in 28.6%. That is a historical result among cases that reached this program, not a forecast for an individual appeal.

California DMHC decisions
70
2002–2025
Overturned
28.6%
20 denials reversed

Most-fought treatments for COPD

What insurers denied — and how those fights ended.
CategoryDecisionsOverturned
Power Wheelchair4
0%

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.
63
27%
Experimental/Investigational
The plan called the treatment unproven. These turn on published evidence, so the appeal is a literature argument.
7
42.9%
Typical time to a decision
14 days
Most land between 7 and 21 days
Handled as urgent
24.3%
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

Physcian 1: The patient is a 55-year-old woman with hypogammaglobulinemia and bronchiectasis. She has been well treated by established methods with limited success. However, with The Vest therapy she has noted better and more efficient expectoration and improved quality of life. There is no spirometric evidence of improvement provided, but her steroid dose has been reduced. The Health Plan denied authorization and coverage for The Vest based upon their determination that it is investigational for the treatment of bronchiectasis.As the standard therapies have been tried with limited success and The Vest seems to be successful and practical, it is appropriate that the patient continue with this treatment. Spirometric evidence of improvement is not essential.
Experimental/Investigational · 2006 · IMR EI06-5066
The patient is a 59-year-old male who has end-stage COPD requiring continuous supplemental oxygen. He is receiving long-term treatment with steroids and frequent treatment with oral antibiotics. The patient is also Hepatitis C positive. The record indicates the patient has been evaluated for a single lung transplant at two transplant centers and both determined he was not a candidate due to his Hepatitis C status. The patient then consulted with the Cleveland Clinic, which apparently has accepted him as a single lung transplant candidate. This is a patient with end stage lung disease who also has hepatitis C. At issue is whether the patient is a candidate for a lung transplant. Three reasons were stated as to why the patient may not be a candidate despite meeting all other criteria to be listed as a candidate. The prime reason is the presence of Hepatitis C in the patient.
Medical Necessity · 2005 · IMR MN05-4874

Where the denial was upheld

Worth reading too — these show what an appeal has to overcome.
Nature of Statutory Criteria/Case Summary: An enrollee has requested authorization and coverage of Marinol for treatment of the enrollee’s chronic obstructive pulmonary disease. Findings: The physician reviewer found that the submitted documentation fails to demonstrate the medical necessity of the requested medication. There is little to no literature on the role of marijuana or cannabinoids in the management of breathlessness as a complication of advanced lung disease, largely because research on this family of drugs is limited. To date, the evidence demonstrates some benefits for cannabinoids in symptom relief for chronic neuropathic pain, cancer pain and multiple sclerosis related spasticity, otherwise the data was graded as low or very low quality. Further, the reported adverse effects often were more debilitating than the disorder being treated.
Medical Necessity · 2017 · IMR MN17-26251
Findings: The physician reviewer found that Nature of Statutory Criteria/Case Summary: The patient has requested reimbursement and prospective authorization and coverage for skilled nursing facility (SNF) services, including physical therapy, respiratory treatments, blood oxygen and CO2 monitoring. Admission to an SNF is appropriate for patients with conditions that require observation, evaluation of treatment plans, and updating of orders by a physician as well as constantly available skilled nursing services. Patients require skilled nursing services, including wound management, tracheostomy care, bowel and bladder training and tube feeding, and administration of intravenous (IV) medications or medications that cannot be self-administered safely.
Medical Necessity · 2023 · IMR MN23-40176

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 COPD, 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 COPD? Use the California record to prepare.

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