Subsys denials in California external review

In the California DMHC record, independent physician reviewers decided 23 published external-review cases involving Subsysand overturned the plan’s denial in 4.3%. That is a historical result among cases that reached this program, not a forecast for an individual appeal.

California DMHC decisions
23
2013–2018
Overturned
4.3%
1 denials reversed
Typical time to a decision
6 days
Most land between 3 and 21 days
Handled as urgent
60.9%
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 Subsys spray for treatment of his malignant neoplasm of larynx and chronic pain syndrome. The physician review found that according to the National Comprehensive Cancer Network (NCCN), rapidly acting transmucosal fentanyl may be considered in patients who are opioid-dependent and have brief episodes of pain that is not effectively controlled or attributed to inadequate dosing of around-the-clock opioids medications. The NCCN guidelines also indicate that transmucosal fentanyl is often the choice for patients who are unable to swallow. Additionally, the U.S. Food and Drug Administration (FDA) states that Subsys is indicated for the management of breakthrough pain in adults with cancer, who are already routinely taking other opioid pain medicines around-the-clock for cancer pain.
Medical Necessity · 2015 · IMR MN15-20143

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 Subsys for treatment of his medical condition. Findings: The physician reviewer found that based on the clinical documentation submitted for review, the medical necessity for Subsys has not been established. Subsys is not medically necessary in this clinical setting. The requested medication is indicated for malignant pain. The patient has chronic non-malignant pain. The current standard of care for chronic pain is treatment in a multidisciplinary practice to include physical therapy, massage therapy, behavioral therapy, and injections to help reduce pain. There are a variety of anticonvulsants and anti-depressants considered adjunctive to this therapy. If there is poor response to conservative therapy then interventional treatments should be considered.
Medical Necessity · 2016 · IMR MN16-21613
Nature of Statutory Criteria/Case Summary: An enrollee has requested Subsys (fentanyl sublingual spray) for treatment of his medical condition. Findings: The physician reviewer found that based on the documentation submitted for review, the medical necessity for Subsys (fentanyl sublingual spray) has not been established. According to the documentation submitted for review the patient has non-malignant chronic pain, which will often worsen or recur as a result of opioid rebound. The current standard of care for chronic pain is treatment in a multidisciplinary pain management practice to include physical therapy, massage therapy, cognitive behavioral therapy, and injections to help reduce pain.
Medical Necessity · 2016 · IMR MN16-21464

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 Subsys, 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 Subsys? Use the California record to prepare.

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