Non-small Cell Lung Cancer denials in California external review

In the California DMHC record, independent physician reviewers decided 71 published external-review cases involving non-small cell lung cancerand overturned the plan’s denial in 71.8%. That is a historical result among cases that reached this program, not a forecast for an individual appeal.

California DMHC decisions
71
2004–2025
Overturned
71.8%
51 denials reversed

Most-fought treatments for non-small cell lung cancer

What insurers denied — and how those fights ended.
CategoryDecisionsOverturned
Guardant 36010
90%
Avastin7
57.1%

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
Experimental/Investigational
The plan called the treatment unproven. These turn on published evidence, so the appeal is a literature argument.
64
75%
Medical Necessity
The plan said the care wasn’t medically necessary. The most common fight, and the most winnable.
7
42.9%
Typical time to a decision
15 days
Most land between 7 and 21 days
Handled as urgent
32.4%
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: The patient has requested authorization and coverage for intensity modulated radiation therapy (IMRT). IMRT is standardly utilized to treat certain body sites when normal tissue dose constraints cannot be met by other radiation techniques. In the case of lung cancer, IMRT is commonly utilized to spare areas of normal lung. This is particularly important in patients who have chronic obstructive pulmonary disease (COPD), as is the case with this patient. Toxicities such as radiation pneumonitis and esophagitis can cause significant morbidity leading to hospitalization. There is strong evidence in the literature demonstrating a correlation between normal lung sparing and the rates of treatment-related complications.
Medical Necessity · 2022 · IMR MN22-37393
Nature of Statutory Criteria/Case Summary: An enrollee has requested reimbursement for Guardant360 gene testing for evaluation of the enrollee’s non-small cell lung cancer (NSCLC). Findings: Two of the physician reviewer found that genotype testing allows an entire panel of genotypes of interest to be queried at a single time from a single tissue sample instead of doing the tests sequentially one by one. This is the most tissue-efficient approach, particularly when dealing with small tumor samples. In addition, multiplexed genotyping is the most time-efficient process for screening patients and thus to facilitate prompt treatment or protocol inclusion. The National Comprehensive Cancer Network (NCCN) guidelines indicate that the best management of any cancer patient is in a clinical trial. Participation in clinical trials is especially encouraged.
Experimental/Investigational · 2017 · IMR EI17-26488

Where the denial was upheld

Worth reading too — these show what an appeal has to overcome.
Physician 1The patient is a 59-year-old man who had lung surgery in August 2002. At that time he had resection of his right lower lobe, revealing a poorly differentiated squamous cell cancer, 3cm in size, with negative nodes. In March 2003, the patient developed two areas of endobronchial recurrence. He then underwent chemotherapy with little response. An endobronchial biopsy in June 2003 again was positive. The patient was treated with external beam radiation therapy from June 2003 to July 2003. Repeat bronchoscopy in September 2003 showed persistence of one of the lesions and the patient was treated with local brachytherapy to this lesion.In December 2003, CT scan of the chest demonstrated two new pulmonary nodules, each about 1cm in size. One was at the right lung base and the other was in the superior segment of the right lower lobe.
Experimental/Investigational · 2004 · IMR EI04-3521
Physician 1: This patient is a 62-year-old female who was diagnosed with a right upper lobe 5 cm mass in February 2004. First-line treatment was surgery. This was followed by adjuvant treatment consisting of chemotherapy, DDP and navelbine with radiation therapy. The patient experienced a relapse one year out and received second-line chemotherapy with gemcitabine and Taxotere. This was followed with Iressa and then Tarceva. The patient has requested authorization and coverage to add Avastin to her treatment plan. The Health Plan has denied this request indicating Avastin has not been shown to be effective for treatment of the patient’s condition.The Health Plan’s denial should be upheld. The data for the combination of therapies involved in this case are very sparse and are not based on randomized controlled trials.
Experimental/Investigational · 2005 · IMR EI05-4879

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 non-small cell lung cancer, 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 non-small cell lung cancer? Use the California record to prepare.

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