Morbid Obesity denials in California external review

In the California DMHC record, independent physician reviewers decided 948 published external-review cases involving morbid obesityand overturned the plan’s denial in 51.7%. That is a historical result among cases that reached this program, not a forecast for an individual appeal.

California DMHC decisions
948
2001–2019
Overturned
51.7%
490 denials reversed

Most-fought treatments for morbid obesity

What insurers denied — and how those fights ended.
CategoryDecisionsOverturned
Gastric Bypass200
61.5%
Bariatric Other149
55%
Bariatric Lap Band112
45.5%
Bariatric Duod Swtch89
75.3%
Panniculectomy69
33.3%
Bariatric Roux-en-y60
75%
Excess Skin Removal40
27.5%
Weight Control35
57.1%
SCP Consult Refer27
66.7%

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.
822
53.9%
Experimental/Investigational
The plan called the treatment unproven. These turn on published evidence, so the appeal is a literature argument.
126
37.3%
Typical time to a decision
21 days
Most land between 17 and 21 days
Recent direction
Rising
41.1%53.6% overturned, last three years

What the reviewers wrote

Excerpts from the independent reviewers’ published findings — the actual reasoning, quoted, not summarised.

Where the denial was overturned

Physician 1: This patient is a 58-year-old female with a BMI of over 45 and comorbidities including type 2 diabetes and nonalcoholic steatohepatitis. She has completed an evaluation for bariatric surgery and her candidacy has been approved. In addition to her steatohepatitis, the patient also has evidence of splenomegaly and possible cirrhosis; there is no active ascities at this time. Sleeve gastrectomy has been recommended for surgical weight loss as gastric bypass and Lap Band were rejected because of her underlying liver disease. The patient wishes to undergo laparoscopic sleeve gastrectomy for treatment of her morbid obesity.
Experimental/Investigational · 2006 · IMR EI06-5882
A 54-year-old female has requested abdominal wall reconstruction/panniculectomy, hernia repair (CPT 49560), breast tissue reconstruction/mastopexy (CPT 19319), and excessive skin removal/whole body lift (CPT 15831 for treatment of her medical condition status post gastric bypass with weight loss. Findings: The physician reviewer found that the excess abdominal tissue of the lower abdomen and ptotic breast tissue should be considered abnormal as a result of obesity and subsequent weight loss. This finding is consistent with the photographs and medical documentation as obesity can be considered a disease. Obesity correction is known to create significant functional deficits as documented in the references. The patient does complain of difficulties with her overlapping tissue of the breasts and abdomen.
Medical Necessity · 2013 · IMR MN13-14641

Where the denial was upheld

Worth reading too — these show what an appeal has to overcome.
Physician 1: The patient is a 40-year-old female with a body mass index (BMI) of 42 and multiple comorbidities. She has passed medical, surgical and psychological evaluations and requested authorization and coverage for laparoscopic restrictive vertical gastroplasty/lateral sleeve gastrectomy. The Health Plan has denied this request indicating that the efficacy of the requested procedure remains unproven.Restrictive vertical gastroplasty/LSG is a component of the pancreaticobiliary bypass with duodenal switch (PBB/DS) procedure. This procedure is generally appropriate as the first component of a staged PBB/DS in a super morbidly obese patient (BMI greater than 60). There are scattered reports of LSG as sole surgical therapy, however, there is no consistent randomized data to support the efficacy of that application.
Experimental/Investigational · 2006 · IMR EI06-5601
Physician #1: The patient is a 27-year-old male with a BMI of 68.6. His comorbid conditions include heart failure, hypertension, degenerative joint disease, incontinence and gastroesophageal reflux disease (GERD). The patient has tried different diets and they have been listed in the medical record. He has also passed his psychosocial evaluation and is a candidate for bariatric surgery. After reviewing the surgical alternatives with his provider, the patient has requested authorization for laparoscopic vertical gastroplasty/gastrectomy. His request was denied by the Health Plan due to their conclusion that the procedure is experimental.In light of the patient’s high-risk clinical status and his super morbid obesity, the possibility of multiple surgeries does not seem to be the best and safest approach.
Experimental/Investigational · 2006 · IMR EI06-5301

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.

Related guide

Fighting a denial for a GLP-1 drug — Wegovy, Zepbound, Ozempic, Mounjaro, Saxenda? We wrote the full playbook: GLP-1 denial evidence guide.

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 morbid obesity, 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 morbid obesity? Use the California record to prepare.

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