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Emergency Room Visit denials: what the review data shows

Independent reviewers have decided 160 published cases where an insurer denied Emergency Room Visit — and they overturned the insurer 37.5% of the time. A denial for Emergency Room Visit is a starting position, not a final answer.

Published decisions
160
2001–2026
Overturned
37.5%
60 denials reversed

Conditions behind emergency room visit denials

What insurers denied — and how those fights ended.
CategoryDecisionsOverturned
Otitis Media9
22.2%
Upper Respiratory Infection6
16.7%
Pharyngitis6
50%
Back Pain5
20%
Headache5
40%
Abdominal Pain5
20%
Sinusitis4
25%
Urinary Tract Infection3
66.7%
Typical time to a decision
21 days
Most land between 19 and 23 days
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 reimbursement for emergency medical services. Per Health and Safety Code section 1317.1, psychiatric emergency medical services are services needed to treat or diagnose a psychiatric emergency medical condition. Per that same provision, a psychiatric emergency medical condition is a mental disorder that manifests itself by acute symptoms of sufficient severity that it renders patients as being either an immediate danger to themselves or others, or immediately unable to care for themselves due to the mental disorder. Overall, the patient demonstrated significant symptoms that warranted emergency treatment according to Health and Safety Code section 1317.1. Applying the LOCUS criteria, this patient presented with serious risk of harm (score 4), due to compromised ability to care for herself.
Urgent Care · 2019 · IMR UR19-31862
Nature of Statutory Criteria/Case Summary: An enrollee has requested reimbursement for emergency room services provided on 3/14/16. Findings: The physician reviewer found that at issue in this case is whether the enrollee received emergency medical services on the date of service in question. California law defines “emergency services and care” as “medical screening, examination, and evaluation by a physician and surgeon, or, to the extent permitted by applicable law, by other appropriate licensed persons under the supervision of a physician and surgeon, to determine if an emergency medical condition or active labor exists and, if it does, the care, treatment, and surgery, if within the scope of that person's license, necessary to relieve or eliminate the emergency medical condition, within the capability of the facility.” A screening examination in an emergency department, and any medic…
Urgent Care · 2016 · IMR UR16-23807

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 emergency services for emergent basis or urgent basis. Findings: The physician reviewer found that at issue in this case is whether a prudent layperson in the patient’s circumstances would have sought immediate medical attention. California law defines an “emergency medical condition” as a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in any of the following: (1) Placing the patient’s health in serious jeopardy; (2) Serious impairment to bodily functions; (3) Serious dysfunction of any bodily organ or part.
Urgent Care · 2016 · IMR UR16-23117
Nature of Statutory Criteria/Case Summary: An enrollee has requested reimbursement for the services on an emergent basis or urgent basis. Findings: The physician reviewer found a prudent layperson would not have sought immediate medical attention. Based on the records provided the patient’s presentation during the dates in dispute was not consistent with the above definition of an emergency medical condition. The patient presented with a long history of back pain. There is a lack of clinical documentation demonstrating that the patient presented with acute symptoms of sufficient severity such that the absence of immediate medical attention could reasonably be expected to result in placing the patient’s health in serious jeopardy. There is no documentation submitted showing the patient’s pain rating severity. In addition, acute intervention was not warranted.
Urgent Care · 2016 · IMR UR16-23112

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 treatment generally, not any individual case.

How to use this in your appeal

These are outcomes from California’s external review program — an independent physician panel that binds the insurer. Every state has an equivalent process, and internal appeals succeed even more often. Cite the outcome record for Emergency Room Visitwhen you appeal: reviewers routinely find that denials like yours didn’t hold up.

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.

Denied Emergency Room Visit? 37.5% got it reversed.

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