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Medical Necessity in Private Health Plans

Figure 4: Common Procedural Problems in Medical Necessity Determination Processes Noted in Investigations, Litigation, and Case Law

  • Decision made in arbitrary or capricious manner without consideration of individual patient needs
  • Decision made inconsistently (i.e., some patients' claims denied while others in equivalent circumstances approved)
  • Claims reviewers unqualified or not appropriately trained
  • Application of arbitrary and unreasonable caps on coverage and/or dollar limits
  • Insufficient information provided in claims denials:

    • No disclosure of clinical rationale used in making decision
    • No disclosure of qualifying credentials of reviewer
    • No disclosure of evidence or documentation used in decision
    • No description of the procedures, timeframes, and consumer rights for grievance and appeal
  • Failure to consult with treating physician
  • Failure to consider medical evidence provided by patient
  • Failure to provide full and fair review to patient appealing claims denial
  • Lack of clarity and specificity in plan documents of excluded services (e.g., definitions of "experimental," "convenience")
  • Conflict of interest of MCO decisionmaker that biased impartial judgment

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