Pembrolizumab denials in California external review

In the California DMHC record, independent physician reviewers decided 12 published external-review cases involving Pembrolizumaband overturned the plan’s denial in 66.7%. That is a historical result among cases that reached this program, not a forecast for an individual appeal.

California DMHC decisions
12
2017–2025
Overturned
66.7%
8 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
Medical Necessity
The plan said the care wasn’t medically necessary. The most common fight, and the most winnable.
7
71.4%
Experimental/Investigational
The plan called the treatment unproven. These turn on published evidence, so the appeal is a literature argument.
5
60%
Typical time to a decision
3 days
Most land between 2 and 7 days
Handled as urgent
91.7%
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: An enrollee has requested authorization and coverage for services as recommended by Jonathan Goldman, MD including hold osimertinib, start carboplatin/pemetrexed with or without pembrolizumab followed by maintenance pemetrexed with or without pembrolizumab, dexamethasone prior to initiation, folic acid 1 mg tablet, megestrol 40 mg/mL suspension, cyanocobalamin 1000 mcg/mL inject 1000 mcg, and central nervous system (CNS) involvement, including a complete metabolic work-up for treatment of the enrollee’s epidermal growth factor receptor (EGFR) positive metastatic adenocarcinoma of the lung. Findings: The physician reviewer found that this is a patient with metastatic NSCLC who has been treated with chemotherapy and radiation therapy. Several studies have shown that systemic chemotherapy can prolong survival compared to best supportive care.
Medical Necessity · 2017 · IMR MN17-25819
Nature of Statutory Criteria/Case Summary: The patient has requested authorization and coverage for pembrolizumab (Keytruda®). The National Comprehensive Cancer Network (NCCN) guidelines for the management of breast cancer deem triple negative breast cancer (TNBC), stage II to stage III, as high risk. Researchers report that the U.S. Food and Drug Administration (FDA) approves the use of pembrolizumab in combination with chemotherapy for neoadjuvant treatment and then continued as a single agent for adjuvant therapy following surgery for patients with high-risk, early-stage triple-negative breast cancer. The NCCN further notes that adjuvant pembrolizumab may be individualized for high-risk, stage II to stage III TNBC patients. In this case, the patient was not offered neoadjuvant pembrolizumab.
Medical Necessity · 2024 · IMR MN24-41588

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 pembrolizumab. Metastatic ovarian and fallopian cancers are rarely cured by current therapies, although the disease may respond to a diverse group of agents. The National Comprehensive Cancer Network (NCCN) stipulates that typical indications for the use of pembrolizumab in ovarian cancer are for tumors that exhibit defective deoxyribonucleic acid (DNA) repair, namely deficient mismatch repair (dMMR). While current medical literature supports the use of pembrolizumab as safe in the population of recurrent ovarian cancer patients, its activity appears modest. In this case, given the absence of typical indications such as dMMR and a high v, the use of pembrolizumab is not likely to be more beneficial than other available standard therapies.
Experimental/Investigational · 2023 · IMR EI23-40690
Nature of Statutory Criteria/Case Summary: An enrollee has requested authorization and coverage for pembrolizumab (Keytruda). Pembrolizumab (Keytruda) is U.S. Food and Drug Administration (FDA) approved for the treatment of recurrent locally advanced or metastatic gastric or gastroesophageal junction adenocarcinoma in patients whose tumors express programmed death-ligand 1 (PD-L1), who have disease progression after two or more prior lines of therapy, including fluoropyrimidine-containing and platinum-containing chemotherapy, and if appropriate, HER2/neu-targeted therapy. The National Comprehensive Cancer Network (NCCN) guidelines recommend pembrolizumab for second-line therapy in patients with microsatellite instability-high (MSI-H) or deficient mismatch repair (dMMR) tumors or for third-line or subsequent lines in PD-L1 positive tumors.
Medical Necessity · 2018 · IMR MN18-28935

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 Pembrolizumab, 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 Pembrolizumab? Use the California record to prepare.

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