Bariatric Surgery denials in California external review

In the California DMHC record, independent physician reviewers decided 38 published external-review cases involving Bariatric Surgeryand overturned the plan’s denial in 39.5%. That is a historical result among cases that reached this program, not a forecast for an individual appeal.

California DMHC decisions
38
2006–2026
Overturned
39.5%
15 denials reversed

By condition

Published outcomes when Bariatric Surgery was denied for these conditions.
ConditionDecisionsOverturned
Obesity22
27.3%
Typical time to a decision
18 days
Most land between 12 and 21 days
Handled as urgent
5.3%
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

Nature of Statutory Criteria/Case Summary: The patient has requested authorization and coverage for bariatric surgery. Goetze and colleagues report that there is currently little research and there are no published guidelines specific to cannabis use and bariatric surgery. Diggins and Heinberg report, “There are still many unanswered questions regarding marijuana use and bariatric surgery, and the limited literature base has produced mixed results when considering marijuana as a contraindication for bariatric surgery.” While the consumption of cannabis is currently legal for medical and nonmedical use in numerous states, there is a lack of published literature within the bariatric field supporting stringent abstinence requirements due to a paucity of evidence.
Medical Necessity · 2023 · IMR MN23-38565
Nature of Statutory Criteria/Case Summary: An enrollee has requested authorization and coverage for bariatric surgery for treatment of the enrollee, who has a history of morbid obesity and gastroesophageal reflux. Findings: The physician reviewer found that the patient’s BMI is 37 kg/m2, which is greater than 20 percent weight loss. The patient also has symptoms of GERD. She is status post gastric banding. She has plateaued and is unable to behaviorally manage her weight loss. She also has polycystic ovary syndrome (PCOS), which is aggravated by her obesity. The records also show that this patient has tried other treatment options to address her weight loss. She has demonstrated that the gastric band is not effective in her case. She has not tolerated, but did try, phentermine. The records also demonstrate that she has tried to stay on a restrictive diet.
Medical Necessity · 2017 · IMR MN17-25236

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 bariatric surgery.According to Mechanick and colleagues, “Bariatric procedures remain a safe and effective intervention for higher-risk patients with obesity.” Arterburn and colleagues indicate that National Institutes of Health guidelines “recommend consideration of bariatric surgery in patients with BMI of 40 or higher or 35 or higher with serious obesity-related comorbidities.” Additionally, the authors state that, “Bariatric procedures should also be considered for patients with type 2 diabetes and a BMI of 30 to 35 if hyperglycemia is inadequately controlled despite optimal medical treatment.” In this case, the patient does not present with clinically severe or morbid obesity.
Medical Necessity · 2021 · IMR MN21-36232
Nature of Statutory Criteria/Case Summary: The patient has requested authorization and coverage for authorization and coverage for bariatric surgery. Findings: According to the American Society for Metabolic and Bariatric Surgery (ASMBS) and International Federation for the Surgery of Obesity and Metabolic Disorders (IFSO) guidelines, metabolic and bariatric surgery is recommended for patients with a body mass index (BMI) over 35 kg/m2, regardless of the presence, absence, or severity of comorbidities. Additionally, the ASMBS and IFSO guidelines state that metabolic and bariatric surgery should be considered for patients with a history of metabolic disease and a BMI of 30-34.9 kg/m2. The records provided for review fail to document that the patient has a history of metabolic disease.
Medical Necessity · 2023 · IMR MN23-39120

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 treatment 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 Bariatric Surgery, 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.

Denied Bariatric Surgery? Use the California record to prepare.

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