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Formulary V Non Form denials: what the review data shows

Independent reviewers have decided 197 published cases where an insurer denied Formulary V Non Form — and they overturned the insurer 39.6% of the time. A denial for Formulary V Non Form is a starting position, not a final answer.

Published decisions
197
2001–2026
Overturned
39.6%
78 denials reversed

Conditions behind formulary v non form denials

What insurers denied — and how those fights ended.
CategoryDecisionsOverturned
Diabetes13
30.8%
ADHD11
54.5%
Asthma9
33.3%
Osteoporosis9
11.1%
Hypertension8
12.5%
Insomnia7
71.4%
Fibromyalgia6
16.7%
Migraine5
60%

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
Medical Necessity
The plan said the care wasn’t medically necessary. The most common fight, and the most winnable.
194
39.7%
Experimental/Investigational
The plan called the treatment unproven. These turn on published evidence, so the appeal is a literature argument.
3
33.3%
Typical time to a decision
21 days
Most land between 19 and 22 days
What the reviewers wrote
Excerpts from the independent reviewers’ published findings — the actual reasoning, quoted, not summarised.

Where the denial was overturned

The patient is a 50-year-old male with a history of chronic sinusitis. He had maxillary advancement surgery in 1982. There is a questioned history of Caldwell-Luc sinus surgery in 1990. In 1992, the patient underwent right-sided functional endoscopic sinus surgery. In 2000, he continued with chronic sinusitis symptoms. Medical therapy has included allergy shots, multiple nasal steroid sprays, Atrovent, Astelin, Singulair, multiple oral antihistamines, oral steroids, Kenalog injections, in addition to multiple antibiotics. The patient subsequently underwent revisional functional endoscopic sinus surgery, septoplasty, and turbinate reduction surgery. Despite multiple surgical interventions and aggressive medical therapy he still continues to experience episodes of sinusitis. He was treated with a course of Rocephin in 2002.
Medical Necessity · 2005 · IMR MN05-4829
The patient is a 61-year-old female with reactive airway disease, IgE mediated rhinitis, chronic sinusitis and seasonal and perennial allergies related to mite, mold and animal dander. She has moderate to severe asthma which is steroid dependent and her condition is deteriorating. The patient also has an evolving depression that is situational, secondary to her chronic allergic disease and its effect on her lifestyle and well-being. Her provider’s note of July 2006 indicates she is broadly allergic, mostly housebound and unable to tolerate therapeutic dosages of immunotherapy. The proposed treatment involves stabilization with Xolair over several months followed by immunotherapy. If the immunotherapy is better tolerated and she is able to reach maintenance status, the Xolair could be tapered off after six to twelve months.
Medical Necessity · 2006 · IMR MN06-5828

Where the denial was upheld

Worth reading too — these show what an appeal has to overcome.
The patient is a 48-year-old female who is perimenopausal and was referred for a DEXA scan because of a positive family history of osteoporosis. This scan of the left and right hips revealed T scores of -2.3 and -2.5. The etiology of the low bone density is unknown and a presumptive diagnosis of osteoporosis was suggested by the patient’s provider. Based on a history of multiple sclerosis, petit mal seizures and a family history of osteoporosis, the patient was considered to be at high risk for falls. She was fitted with a hip protector and instructed to return in a year for another DEXA scan. There is no history of fragility fractures and no additional risk factors beyond her T scores and the possibility that she might fall.
Medical Necessity · 2006 · IMR MN06-5547
The patient is a 32-year-old male with apparently well-documented cutaneous psoriasis, with extensive involvement of trunk and all four limbs. Records from his dermatologist and his primary physician make only one mention that “the arthritis still affects the knees and the ankle joints,” and this is not described elsewhere in the record. The dermatologist states that the patient has failed trials of Soriatane, oral prednisone, and topical triamcinolone, and further notes that methotrexate is contraindicated because the patient drinks alcohol. Nonetheless, the dermatologist’s last note of 1/30/04 states the patient has been started on methotrexate 7.5mg per week.The diagnosis of psoriatic arthritis is not established by the medical records. Cutaneous psoriasis itself is obviously very common, and is appropriately managed by dermatologists.
Medical Necessity · 2004 · IMR MN04-3399

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 Formulary V Non Formwhen 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 Formulary V Non Form? 39.6% got it reversed.

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