Erbitux denials in California external review

In the California DMHC record, independent physician reviewers decided 17 published external-review cases involving Erbituxand overturned the plan’s denial in 35.3%. That is a historical result among cases that reached this program, not a forecast for an individual appeal.

California DMHC decisions
17
2006–2021
Overturned
35.3%
6 denials reversed

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.
12
33.3%
Medical Necessity
The plan said the care wasn’t medically necessary. The most common fight, and the most winnable.
5
40%
Typical time to a decision
7 days
Most land between 6 and 7 days
Handled as urgent
100%
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

A 51-year-old male enrollee has requested chemotherapy using Vectibix, Erbitux and irinotecan for the treatment of his metastatic lung cancer. Findings: Two physician reviewers found that this patient has tried and eventually progressed on several different chemotherapeutic regimens. The patient had a pronounced response to Tarceva, which, as his physician states, is indicative that the tumor is very sensitive to endothelial growth factor receptor (EGFR) inhibition. There is support for the use of EGFR inhibitors (including the monoclonal antibody Erbitux). Butts and colleagues demonstrated benefit from the addition of Erbitux to a chemotherapeutic regimen for patients with advanced localized or metastatic non-small cell lung cancer (NSCLC).
Experimental/Investigational · 2009 · IMR EI09-9557
A 64-year-old male enrollee has requested Erbitux, carboplatin and 5-FU, used in combination, or as single agents for treatment of his squamous cell carcinoma with metastatic disease to the liver. Findings: Three physician reviewers found that this patient has metastatic cancer to his liver of unknown primary. In view of the squamous cell histology, it was felt to be most likely of lung or head and neck primary. National Comprehensive Cancer Network guidelines for the treatment of squamous cell carcinoma of unknown primary include two regimens, cisplatin/paclitaxel/5-FU or cisplatin/Taxotere/5-FU. Thus, it is reasonable to conclude that the use of a platinum analogue, with 5-FU, and a taxane, would be acceptable treatments, with some track record of efficacy. He previously responded to carboplatin. Thus, this medication, in combination with 5-FU, is a reasonable alternative.
Experimental/Investigational · 2011 · IMR EI11-12821

Where the denial was upheld

Worth reading too — these show what an appeal has to overcome.
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
Physician 1: The patient is a 74-year-old female who was apparently first diagnosed with adenoid-cystic carcinoma of the nasopharynx in 1999. She was initially treated with radiation therapy and a recurrence in 2001 was also treated with surgery and radiation therapy. She was noted in January of 2004 to have lung metastases. In December of 2004 she was noted to have recurrence in the neck. A biopsy of her disease again revealed adenoid-cystic carcinoma, which was EGFR positive. It is now recommended she be treated with radiation therapy to her neck, along with Erbitux. The patient’s clinician has requested authorization for treatment with Erbitux. The Health Plan has denied the request citing the investigational nature of the medication in this clinical context.Erbitux is a new drug, which acts by inhibiting the epidermal growth factor receptor (EGFR).
Experimental/Investigational · 2006 · IMR EI06-5255

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 Erbitux, 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 Erbitux? Use the California record to prepare.

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