Epilepsy denials in California external review

In the California DMHC record, independent physician reviewers decided 50 published external-review cases involving epilepsyand overturned the plan’s denial in 72%. That is a historical result among cases that reached this program, not a forecast for an individual appeal.

California DMHC decisions
50
2006–2025
Overturned
72%
36 denials reversed

Most-fought treatments for epilepsy

What insurers denied — and how those fights ended.
CategoryDecisionsOverturned
Magnetoencephalography9
100%

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.
34
67.6%
Experimental/Investigational
The plan called the treatment unproven. These turn on published evidence, so the appeal is a literature argument.
16
81.2%
Typical time to a decision
14 days
Most land between 7 and 21 days
Handled as urgent
46%
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

Nature of Statutory Criteria/Case Summary: An enrollee has requested authorization and coverage for long-term continuous video electroencephalogram monitoring (CPT 95700) during an inpatient hospital stay (5-day hospital stay).Whittaker states that epilepsy is a clinical diagnosis based on the history of the patient and of witnesses. Whitaker states that sometimes this is not available or is incomplete, thus making diagnosis uncertain. In other cases, specifically in patients with intractable epilepsy being considered for epilepsy surgery, the diagnosis of epilepsy is not in doubt but the precise localization of the epileptogenic zone needs to be determined. Whitaker explains that in both of these situations, video telemetry plays a key role and is now a routine in most neuroscience units.
Medical Necessity · 2020 · IMR MN20-34252
Findings: The physician reviewer found that Nature of Statutory Criteria/Case Summary: The patient has requested authorization and coverage for any or all of the requested neuropsychological testing services (psychiatric diagnostic evaluation; one hour – psychological and neuropsychological testing; and two additional hours – psychological and neuropsychological testing) in addition to the approved neuropsychological and psychological testing (one hour and three hours) are medically necessary for the evaluation of this patient. In a summary of the required testing for surgical pre-operative planning for epilepsy, researchers suggest that in the surgical setting, in addition to formal neuropsychological test scores, behavioral measures of cognitive function are useful, together with subjective ratings of the patient’s difficulties in each cognitive domain.
Medical Necessity · 2023 · IMR MN23-39722

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 for Gralise. A researcher explains, “The management of patients with epilepsy is focused on three main goals: controlling seizures, avoiding treatment side effects, and maintaining or restoring quality of life. Clinicians should assist in empowering patients with epilepsy to lead lifestyles consistent with their capabilities. The optimal treatment plan is derived following an accurate diagnosis of the patient's seizure type(s), an objective measure of the intensity and frequency of the seizures, awareness of medication side effects, and an evaluation of disease-related psychosocial problems.
Experimental/Investigational · 2024 · IMR EI24-41572
Nature of Statutory Criteria/Case Summary: An enrollee has requested authorization and coverage for air ambulance service provided on 12/27/17. The Health Plan has denied this request indicating that the requested service was not medically necessary for treatment of the enrollees epilepsy.At issue in this case is whether the requested air ambulance service was medically necessary for treatment of the enrollees medical condition.In most cases, air ambulance transport is reserved for use in emergent situations in which ground transport is not feasible or readily available. Such situations from the neurology perspective include (but are not limited to), intracranial hemorrhages, strokes requiring endovascular therapy or other conditions requiring acute surgical intervention.
Medical Necessity · 2018 · IMR MN18-29633

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 epilepsy, 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 epilepsy? Use the California record to prepare.

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