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Infectious Disease: when insurers say no, reviewers often say yes

In 1,795 published external-review decisions involving infectious disease, independent physician reviewers overturned the insurer’s denial 70.6% of the time.

Published decisions
1,795
2001–2026
Overturned
70.6%
1,268 denials reversed

Most-fought treatments for infectious disease

What insurers denied — and how those fights ended.
CategoryDecisionsOverturned
Anti-virals1,310
82.6%
Antibiotics90
21.1%
Anti-Fungal57
52.6%
Lab Work33
39.4%
Interferon26
26.9%
AIDS Wasting Tx18
61.1%
IVIG Therapy11
18.2%
Emergency Room11
63.6%
Non-FDA Approved Use11
45.5%

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.
1,660
73.4%
Experimental/Investigational
The plan called the treatment unproven. These turn on published evidence, so the appeal is a literature argument.
122
33.6%
Urgent Care
Expedited reviews, decided in days rather than weeks.
13
61.5%
Typical time to a decision
19 days
Most land between 11 and 21 days
Handled as urgent
19.2%
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 Nature of Statutory Criteria/Case Summary: The patient has requested reimbursement and prospective authorization and coverage for residential treatment center (RTC) services (ASAM 3.5). Per the American Society of Addiction Medicine (ASAM) criteria, this patient meets Level 3.5 criteria for RTC services provided. ASAM criteria focus on six dimensions to determine the appropriate level of care, which includes: (1) intoxication and withdrawal potential; (2) biomedical conditions; (3) emotional, behavioral, and cognitive conditions; (4) readiness to change; (5) relapse, continued use, or continued problem potential; and (6) recovery environment. For dimension 1, the patient had no signs or symptoms of withdrawal after detoxification was completed.
Medical Necessity · 2023 · IMR MN23-39673
Physician 1: The patient is a 52-year-old male with HIV related lipodystrophy. He is requesting coverage for Serostim injections to alleviate symptoms and side effects relative to fat accumulation including respiratory distress, limited range of motion, and need to modify sitting/sleep position. Prior interventions including diet, exercise, metformin and testosterone provided no benefit. The Health Plan indicates Serostim injections are considered investigational for treatment of lipodystrophy. Given the well-documented morbidity associated with the patient’s abdominal lipodystrophy, a trial of therapy with Serostim is indicated. It does not appear there is an alternative intervention for this patient with a severe condition that continues to worsen despite multiple interventions.
Experimental/Investigational · 2005 · IMR EI05-4220

Where the denial was upheld

Worth reading too — these show what an appeal has to overcome.
Physician 1The patient is a 34-year-old female first diagnosed with Lyme disease in 2001. She subsequently received multiple courses of antibiotic with minimal long-term results. She had one six-month course of antibiotic with minimal change in her condition. She reports experiencing fatigue, paresthesia, arthralgias, fever, photophobia and headaches. These symptoms have persisted for several years. The patient feels the symptoms are increasing in severity. Physical exam findings include peripheral neuropathy with no effusions or erosion of large joints. Laboratory data include a positive IgG Western blot, normal brain MRI, and abnormal nerve conduction studies. No CSF analysis has been provided. A request has been made for continued intravenous antibiotic therapy.
Experimental/Investigational · 2004 · IMR EI04-3751
Physician 1: The patient is a 65-year-old man who is said to have a history of Lyme disease. There is no evidence in the provided materials that the patient actually had this disease. The results of the definitive serological tests (Western Blots) included in the records are not conclusive. No other laboratory data of consequence is provided. There is a CD57 count that is slightly low and a non-specific SPECT brain scan performed in 2003; these are not diagnostic of Lyme disease.There is no mention in the submitted information of tick exposure or the characteristic rash seen in early Lyme disease. The medical records provided are from the patient’s primary care physician. The records note the patient is being treated with intravenous Rocephin and a quinolone antibiotic. He was given intravenous Rocephin for 10.5 months.
Experimental/Investigational · 2005 · IMR EI05-4336

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 infectious disease 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 infectious disease? 70.6% won.

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