Chemotherapy denials in California external review

In the California DMHC record, independent physician reviewers decided 264 published external-review cases involving Chemotherapyand overturned the plan’s denial in 41.3%. That is a historical result among cases that reached this program, not a forecast for an individual appeal.

California DMHC decisions
264
2002–2021
Overturned
41.3%
109 denials reversed

Conditions behind Chemotherapy denials

What insurers denied — and how those fights ended.
CategoryDecisionsOverturned
Breast36
33.3%
Ovarian25
36%
Lung23
39.1%
Colon22
36.4%
Brain17
35.3%
Liver14
50%
Skin12
33.3%
Pancreas11
54.5%
Leukemia8
87.5%

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
Experimental/Investigational
The plan called the treatment unproven. These turn on published evidence, so the appeal is a literature argument.
154
36.4%
Medical Necessity
The plan said the care wasn’t medically necessary. The most common fight, and the most winnable.
110
48.2%
Typical time to a decision
7 days
Most land between 4 and 8 days
Handled as urgent
90.5%
Expedited when a delay would cause harm
Recent direction
Falling
41.7%34.5% 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: The patient is an 18-year-old young man first noted to have some numbness in his right arm in November 2005. It progressively worsened over the next few months, and by April 2006 he had right arm numbness and weakness along with neck pain. An MRI of the spine revealed a 3.9 x 1.2 x 1.4 cm enhancing lesion at C2 to C4. The lesion was partially excised in early May 2006. The final histopathologic diagnosis is glioblastoma (GBM). The June 2006 spine MRI shows no change in the size of the enhancing lesion (suggesting that less was removed than thought or that the tumor has grown back to its original size). The patient improved after the operation, but according to his mother, his neurologic symptoms (tingling and weakness) are returning. The patient’s providers have recommended Avastin and CPT-11 as initial therapy.
Experimental/Investigational · 2006 · IMR EI06-5628
Physician 1The patient is a 57-year-old male with well-controlled HIV who is on highly active antiretroviral therapy. The patient has acute myeloid leukemia (AML) and possible antecedent MDS. He is now being considered for consolidation of first remission with a peripheral stem cell transplant. The Health Plan has denied authorization and coverage for the requested therapy on the basis it is considered experimental.Further data regarding this patient’s AML, AHD, and cytogenetics is needed to help define where he falls in the National Comprehensive Cancer Network guidelines. The decision to pursue treatment should rest on those data and not on his HIV positivity. As such, cytogenetic results and additional hematologic data should be obtained. Unless the patient’s HIV is poorly controlled, his HIV status does not preclude stem cell transplantation.
Experimental/Investigational · 2004 · IMR EI04-3886

Where the denial was upheld

Worth reading too — these show what an appeal has to overcome.
Physician #1: The patient is a 53-year-old woman with ovarian cancer. She had her initial surgery in September 2004, with the findings of Stage III papillary serous ovarian cancer. She had extensive peritoneal and omental seeding as well as positive lymph nodes. She was apparently treated with chemotherapy and underwent second-look surgery in March 2005. It appears she was free of cancer at that time.Since that time she has had a rising CA-125 and a recent PET scan has demonstrated new areas of uptake consistent with recurrent cancer. She has been started on Doxil chemotherapy and has requested authorization and coverage for intraperitoneal chemotherapy. At issue is whether the requested therapy is likely to be more beneficial for treatment of the patient’s condition than any available standard therapy.Intraperitoneal chemotherapy for ovarian cancer has been studied for many years.
Experimental/Investigational · 2006 · IMR EI06-5368
Physician 1: This patient is a 42-year-old male with a previous diagnosis of myoepithelial sarcoma of the paranasal sinus. He has apparently been treated with surgery, radiation, and multiple chemotherapeutic agents including Cisplatin, Ifosfamide, Taxol, Carboplatinum, Adriamycin, and Temodar. He has also been treated with Cyberknife radiotherapy. The patient’s tumor was found positive for the epithelial growth factor (EGF) receptor and it is proposed that he be treated with Erbitux. The provider’s request for authorization of Erbitux was denied by the Health Plan citing the experimental nature of the therapy.Erbitux is one of a new class of drugs that inhibits the EGF receptors on a cancer cell and presumably interferes with angiogenesis. Erbitux has been approved by the FDA for use, along with chemotherapy, in the treatment of colon cancer.
Experimental/Investigational · 2006 · IMR EI06-5610

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 Chemotherapy, 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 Chemotherapy? Use the California record to prepare.

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