How to Seek Legal Help for Health Insurance Denials

A health insurance denial is the last thing a patient wants to hear, especially when facing an expensive treatment or therapy.

A Comprehensive Guide

When your doctor recommends a medical course of action, it can be confusing, difficult, and even downright infuriating to have that option be denied because of your health insurer. Many patients feel they lack options for moving forward and may even pass up receiving the care they need because of the personal cost after a health insurance denial.

At Paxos Appeals, we believe that no one should be forced to forego care because of a health insurance denial. We empower patients facing high-cost treatments to secure health insurance coverage by writing patient-level appeals and connecting our clients with the right health insurance attorneys when necessary. Our firm provides solutions to patients who may feel they have exhausted all other resources. If you are facing a health insurance denial, we can help you navigate the overall appeals process and connect you with post-appeal opportunities.

Why Do Health Insurance Companies Deny Claims?

Health insurance claim denial reasons can vary based on the specifics of your health plan. Some of the most common reasons for denied health insurance claims include:

  • Gaps in coverage: Approximately 14% of health insurance claims are denied because the treatment is considered an "excluded service", according to reporting across HealthCare.gov insurers.
  • Lacking preauthorization: Approximately 8% of denied health insurance claims happen because a process or procedure was not preauthorized. This may include failing to seek a referral before receiving specialized care.
  • Errors and inconsistencies: If your medical bills or claim submissions contain errors or missing information, they may be wrongly rejected. Unfortunately, inconsistent record-keeping is very common in healthcare.
  • Out-of-network care: If a provider is out of network, your claim may be denied.
  • Failing to file properly: If your doctor misses the submission deadline or does not file your claim appropriately, you may face claim denial.
  • Medically unnecessary treatment: If your treatment is determined to be "experimental" in nature or medically unnecessary, the insurance company may deny coverage. In cases involving dental or vision insurance, these denials become especially confusing, as some insurers deny services that many think would be covered.

How Many Health Insurance Claims Are Denied Each Year?

Health insurance claims are denied more often than you might think. According to data from the Centers for Medicare and Medicaid Services (CMS) accounting for all eligible non-group qualified health plans (QHPs) plans, approximately 20% of health insurance claims are denied.

Health insurers must give reasons for their denials, but they often do not do so clearly. For instance, out of certain in-network, plan-reported denials, 77% were classified as being denied simply for "other reasons." This lack of explanation can leave patients confused or angry when facing high-cost treatments that their doctor has deemed necessary for their care.

How to Fight A Health Insurance Claim Denial

A denied health insurance claim does not have to be the end of the road. It is possible to appeal a denial, however, less than 0.2% of patients attempt to do so. This is because many patients do not realize that appeal is an option or they do not understand how to take on the process alone. However, when patients do appeal health insurance claim denials, they have a strong likelihood of receiving a reversal. Patient appeals without supplemental professional help are shown to have a 39 to 59% success rate.

Your healthcare provider is the first line of defense after most health insurance denials. They will usually submit the first appeal on your behalf, as well as have the option for a peer-to-peer call in order to explain their rationale behind recommending the treatment or therapy. Remember, not everyone has the resources for an extended appeals process. You might want to stay in touch with your provider's office to track the insurance denial appeal process. Once your provider has exhausted their ability to appeal, you may apply for a patient-led internal review.

Typically, your insurance plan offers multiple stages of internal appeals, although some plans limit the number. You may be able to request additional review if new information becomes available about your health, the treatment, or your claim. You may also be able to successfully argue that your insurance company did not review your full claim, enabling you to submit for an additional internal appeal.

Once you have exhausted the avenue for internal appeals, you can file for a review from an external board sometimes called an Independent Review Organization. A third-party organization will consider your claim and examine it for legitimacy, as well as account for the insurer's reasons for denial. However, it’s important to note that if the external review is denied, your options become more limited, as the insurance company can use this decision as evidence to uphold the denial for any future appeals. It’s recommended to seek professional guidance from an experienced appeals firm or legal firm before submitting an external appeal.

Finally, if you disagree with the decision after the external review, you may have the option to submit a regulatory complaint. Regulatory complaints are typically undertaken once the review process has been exhausted. This step can be taken in conjunction with litigation or as a standalone action.

How to Appeal a Health Insurance Denial

The health insurance appeals process can be complicated, involving multiple internal steps before patients can seek external review or legal action. Paxos Appeals simplifies this process, helping patients understand their options. If you are facing a health insurance denial, you should first:

  1. Speak to your doctor. You will need to know if they can appeal the decision on your behalf, and when you can be involved in the process. It’s also important to keep in mind that doctors do not typically fully understand every single nuance of every single health plan’s clinical policy.
  2. Consider if an appeal is possible. Paxos Appeals offers free guides online to help get you started with the process. Not every claim is eligible for legal action, but you may be able to take steps on your own to ensure that your internal appeal reaches the appropriate agency.
  3. Contact a health insurance attorney or reach out through a service like Paxos Appeals. We can help you understand your options for the appeals process, connect you to legal help when necessary, as well as help you draft your patient-level appeal for eligible claims.


When Should I Seek Legal Help for My Health Insurance Denial?

Health insurance denial attorneys have different perspectives on when they should be involved. Many prefer to join the case after internal appeals are exhausted but before external review, to maximize options for recovery. Once a claim has been denied after external review, it becomes more difficult to pursue legal action.

For certain kinds of insurance denials, such as for ERISA-regulated plans, only information from your case file can be used in litigation, meaning any other interactions you have with the insurer or your provider post-submitting an appeal will not be considered. For this reason, some attorneys like to be involved from the start of the appeals process to ensure your full submission history can be used in potential legal action. In general, connecting with a health insurance denial lawyer sooner rather than later can help ensure that you do not miss any filing deadlines or statute of limitations for a lawsuit.

What Type of Lawyer Handles Insurance Claims?

Appealing health insurance denials is possible, but not all claims need to be handled by a health insurance attorney. For instance, disputes over lower dollar amounts are not always a good fit for legal action because of the expense involved in working with an attorney's office. Certain ERISA-regulated plans have limitations as well due to legislative restrictions.

However, bad faith denials, delays, or lowball offers should always be reviewed by a qualified health insurance dispute lawyer. Make sure you know why your claim is being denied and get it in writing from your insurance company whenever possible. If you do not hear back from your insurer or do not receive a clear explanation for their denial, speak with a health insurance dispute attorney as soon as possible to find out what options are available to you.

How to Find the Right Health Insurance Dispute Attorney

Paxos Appeals can help connect you to an attorney, such as Justin Wallace, who specializes in these claims. We screen firms based on their internal guidelines for what kinds of claims they can take on, as well as ensure that your patient-appeals process is as streamlined as possible.

How Much Does an Insurance Lawyer Cost?

Some insurance dispute attorneys offer free consultations to help you understand whether or not you can benefit from their services. Because many health insurance denials involve an extended internal appeals process before independent or regulatory review, you typically can have an initial consultation to discuss your case. You may also be able to take on different payment arrangements depending on the law firm as well as the value of your claim.

Health Insurance Denying Your Claim? Speak to Paxos Appeals to Learn How We Can Help Write an Appeal

If you need help understanding what stage of the patient-led appeals process you are in, as well as when and how to contact a healthcare insurance dispute attorney, contact Paxos Appeals for help. We can support you in navigating the patient-led appeals process and refer you to the right health insurance dispute lawyer.

This article was co-authored by Justin Wallace, JD, who specializes in health insurance litigation, and the Paxos Appeals team.