Surgery denials in California external review

In the California DMHC record, independent physician reviewers decided 83 published external-review cases involving surgery and overturned the plan’s denial in 60.2%. That is a historical result among cases that reached this program, not a forecast for an individual appeal.

California DMHC decisions
83
2002–2026
Overturned
60.2%
50 denials reversed

By denial reason

The stated reason changes which facts, criteria, and records matter.
Denial reasonDecisionsOverturned
medical necessity60
63.3%
experimental / investigational22
54.5%

Within this category

Subcategories with at least 15 published decisions.
SubcategoryDecisionsOverturned
CNS Extracranial/Autonomic24
62.5%

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.
87
48.3%
Experimental/Investigational
The plan called the treatment unproven. These turn on published evidence, so the appeal is a literature argument.
75
61.3%
Urgent Care
Expedited reviews, decided in days rather than weeks.
6
0%
Typical time to a decision
7 days
Most land between 5 and 17 days
Handled as urgent
69%
Expedited when a delay would cause harm
Recent direction
Rising
66.7%73.7% overturned, last three years

What the reviewers wrote

Excerpts from the independent reviewers’ published findings — the actual reasoning, quoted, not summarised.

Where the denial was overturned

Physician 1: The patient is a 54-year-old female diagnosed with breast cancer in 2004, treated with mastectomy, chemotherapy, and localized radiation. At present, she has been diagnosed with isolated liver metastasis with documented growth despite chemotherapy. According to the submitted notes, the treating oncologist has identified one main lesion putting pressure on the nearby biliary ducts and recommended a consultation for consideration of stereotactic body radiosurgery. The Health Plan indicates stereotactic body radiosurgery is considered investigational and therefore, is not a covered benefit.Treatment options in cases such as this include clinical trial with Phase 1 chemotherapeutic drugs, ablative treatment (radiofrequency, cryotherapy, microwave, or high dose rate brachytherapy), chemoembolization, radiation therapy (conformal or stereotactic), or supportive care.
Experimental/Investigational · 2006 · IMR EI06-6002
Nature of Statutory Criteria/Case Summary: An enrollee has requested reimbursement for prophylactic lymphovenous bypass surgery. Researchers state, “In the United States, breast cancer is the most common cause of lymphedema owing to its prevalence. It is estimated that 20% to 50% of patients who undergo complete axillary lymph node dissection (ALND) for breast cancer go on to develop lymphedema. The variability in rate is due, at least in part, to differences in the diagnostic criteria and the length of follow-up. The advent of sentinel lymph node biopsy has decreased the need for ALND and reduced the rate of lymphedema to 5% to 7%.” The authors further note, “Lymphovenous bypass (LVB) procedures are also being used prophylactically in patients undergoing lymph node dissection, and outcomes are promising.
Experimental/Investigational · 2023 · IMR EI23-40094

Where the denial was upheld

Worth reading too — these show what an appeal has to overcome.
Physician 1The patient is a 59-year-old male who received brachytherapy for prostate adenocarcinoma in October 1998. PSA levels have fluctuated from 1.0 in December 1999 to 5.0 in July 2004. The patient has recently been experiencing poor bladder emptying. A CT scan of the abdomen and pelvis performed in August 2004 revealed small prostate with seed implants, no enlarged lymph nodes, fatty liver, small right renal cyst, small right renal stone, and mild left pelviectasis vs. small parapelvic cysts. A bone scan revealed no evidence of metastatic disease. The patient wishes to undergo cryosurgery. The Health Plan has denied authorization and coverage for cryosurgery on the basis it is considered investigational.
Experimental/Investigational · 2004 · IMR EI04-3883
The patient is a 57-year-old male diagnosed with prostate cancer. He had medical problems including diabetes mellitus, hypertension, and hypercholesterolemia, and was not experiencing erections or engaging in sexual activity.PSA was elevated at 13.7 in February 2006, and unilateral prostate induration was palpable on digital rectal examination. Ultrasound-guided prostate biopsy performed in April 2006 revealed a Gleason grade of 4+3 adenocarcinoma of the prostate involving 30% of the biopsy specimen from the left side and 5% of the biopsy specimen from the right. Prior to treatment the patient was diagnosed with a Gleason grade total 7, clinical stage T2c adenocarcinoma of the prostate.In April 2006 alternatives for treatment were discussed with the patient including radical surgery, external radiation, and brachytherapy, and a bone scan was ordered.
Medical Necessity · 2006 · IMR MN06-5747

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 category of care 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 surgery, 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 for surgery? Use the California record to prepare.

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