If waiting could affect your health
If waiting could seriously affect your health, tell your treating provider and contact the plan or program promptly. Ask whether an expedited internal appeal or external review is available, what clinical statement is needed, and how to submit it. Use your normal emergency-care options for an emergency; an appeal is not emergency care.
First, identify your coverage
The appeal route depends on your plan
Appeal routes, external-review eligibility, deadlines, and expedited options depend on coverage type, plan terms, and state. Check the denial notice and current coverage documents, then verify the instructions for your own decision with the plan or program that issued it. The examples below are orientation, not a deadline calculation for your case.
Individual or Marketplace coverage
Follow the insurer’s internal-appeal instructions first. For coverage subject to the federal consumer protections described by HealthCare.gov, the general guidance gives 180 days after notice of denial to file an internal appeal. A denial based on whether treatment is experimental or investigational can qualify for external review under applicable ACA protections. HealthCare.gov describes a four-month window for a written request in the federal process; a state process may provide different or additional protections. Check the final notice and CMS state process listing, then confirm which reviewer and deadline apply to your coverage.
- HealthCare.gov: Internal appeals (opens in a new tab)
- HealthCare.gov: External review (opens in a new tab)
- Centers for Medicare & Medicaid Services (CMS): State external-review processes (opens in a new tab)
- National Association of Insurance Commissioners (NAIC): Find a state insurance department (opens in a new tab)
Employer coverage
Check the Summary Plan Description (SPD) and ask the benefits office whether the plan is fully insured or self-funded and whether it is grandfathered. For many private-sector group health plans covered by ERISA claim-procedure rules, the U.S. Department of Labor says claimants have at least 180 days to appeal. Under those rules, an experimental-treatment denial should explain the scientific or clinical judgment applied to your circumstances, or say that the explanation is available free on request; you can also request relevant claim records free of charge. External-review protections can differ for fully insured, self-funded, and grandfathered plans, so use the notice and confirm which rules apply.
- U.S. Department of Labor (DOL), Employee Benefits Security Administration: Filing a claim for your health benefits (opens in a new tab)
- Electronic Code of Federal Regulations: ERISA group health plan claims procedures (29 CFR § 2560.503-1) (opens in a new tab)
- HealthCare.gov: External review (opens in a new tab)
Medicare
Medicare Advantage and Original Medicare use Medicare’s program-specific appeal routes, not the commercial-plan external-review process described above. A Medicare Advantage notice explains how to request a plan reconsideration and whether an expedited decision may be requested. Medicare Part D drug denials have a separate drug-plan appeal path. Follow the notice for the exact kind of Medicare coverage involved and contact SHIP for free local Medicare counseling if you need help.
Medicaid, Medicaid managed care, or CHIP
For Medicaid managed-care plans covered by the federal rules, an enrollee generally has 60 calendar days from the date on the adverse-benefit notice to request the plan appeal. The state sets the decision time, which cannot exceed 30 calendar days for a standard appeal or 72 hours for an expedited appeal under those rules; limited extensions are allowed. A state fair-hearing request generally follows the plan appeal, with an exception when the plan fails required notice or timing rules. States may also offer a separate no-cost external medical review. Use your notice and state program instructions because CHIP, integrated coverage, and other Medicaid arrangements may follow different procedures.
- Electronic Code of Federal Regulations: Medicaid managed-care appeal rights (42 CFR § 438.402) (opens in a new tab)
- Electronic Code of Federal Regulations: Medicaid managed-care appeal decision times (42 CFR § 438.408) (opens in a new tab)
- National Association of Insurance Commissioners (NAIC): Find a state insurance department (opens in a new tab)
Prepare supporting evidence
Questions for the treating provider
Share the denial notice and the plan’s cited criteria. Ask the provider what they can explain from their clinical judgment and records; a supporting statement should address the plan’s reasons without promising an appeal outcome.
- Which facts about my diagnosis, condition, prior care, and treatment goals are most important to explain?
- Can you describe treatments already tried, their results, and why the plan’s suggested alternatives may not be suitable for me?
- What clinical evidence or professional guidance applies to this treatment for my specific condition and circumstances?
- Can you address the plan’s stated experimental or investigational criteria point by point and correct any factual errors in the record?
- Could waiting for a standard appeal seriously jeopardize my health, and if so, can you explain the medical urgency in writing?
- Which records can you provide, and what would you need from me or the plan to prepare a useful supporting statement?
Build a focused packet
Records to gather
- The complete denial notice, any earlier authorization decision, and the Explanation of Benefits (EOB), if one was issued.
- Your insurance card details, plan or policy name, member and group numbers, claim or authorization number, service date, and provider information.
- The relevant coverage materials: SPD, Evidence of Coverage, member handbook, certificate, Summary of Benefits and Coverage, and the plan’s medical policy or clinical criteria for the treatment.
- Records the plan relied on, including its clinical rationale, review criteria, billing or diagnosis codes, and any records it says were missing. Ask how to obtain relevant claim information and free copies when applicable.
- Relevant treatment notes, diagnosis and test results, prior-treatment history and outcomes, and a supporting statement from the treating provider if they agree it is appropriate to share.
- Medical literature or professional guidance that the treating provider selects as relevant to your diagnosis and the specific treatment. Do not assume any one study or document guarantees coverage.
- A copy of every appeal and attachment, a dated call or message log, and proof of when the plan or review office received your submission.
- HealthCare.gov: Internal appeals (opens in a new tab)
- U.S. Department of Labor (DOL), Employee Benefits Security Administration: Filing a claim for your health benefits (opens in a new tab)
- Electronic Code of Federal Regulations: ERISA group health plan claims procedures (29 CFR § 2560.503-1) (opens in a new tab)
One step at a time
Practical next steps
Read the full decision and identify the exact reason
Find the treatment, service dates, claim or authorization number, decision date, and exact wording of the experimental or investigational rationale. Note whether the plan also cited medical necessity, an exclusion, missing information, or a coding issue; each reason may call for different evidence.
Ask the plan for the medical policy or criteria it applied, the clinical explanation connecting those criteria to your situation, and copies of information relevant to the claim when available under your coverage rules. Ask whether the decision is initial or final and which appeal levels remain.
- U.S. Department of Labor (DOL), Employee Benefits Security Administration: Filing a claim for your health benefits (opens in a new tab)
- Electronic Code of Federal Regulations: ERISA group health plan claims procedures (29 CFR § 2560.503-1) (opens in a new tab)
- HealthCare.gov: Internal appeals (opens in a new tab)
Verify the route and deadline for your coverage
Appeal routes, eligibility, deadlines, reviewer, and expedited-review options depend on coverage type, plan terms, and state. Do not use a deadline from another plan or a general guide to calculate yours. Check the notice and current coverage materials, then call the number on the card or notice to confirm the date, form, delivery method, and destination.
For employer coverage, ask whether it is fully insured or self-funded and whether it is grandfathered. For fully insured individual or employer coverage, your state insurance department may identify the applicable state process. For private-sector employer plans, EBSA can explain ERISA claim procedures. Medicare and Medicaid or CHIP notices point to their separate program routes.
- HealthCare.gov: Internal appeals (opens in a new tab)
- HealthCare.gov: External review (opens in a new tab)
- U.S. Department of Labor (DOL), Employee Benefits Security Administration: Filing a claim for your health benefits (opens in a new tab)
- Medicare.gov: Appeals in Original Medicare, Medicare Advantage, and drug plans (opens in a new tab)
- Electronic Code of Federal Regulations: Medicaid managed-care appeal rights (42 CFR § 438.402) (opens in a new tab)
- Electronic Code of Federal Regulations: Medicaid managed-care appeal decision times (42 CFR § 438.408) (opens in a new tab)
- National Association of Insurance Commissioners (NAIC): Find a state insurance department (opens in a new tab)
Ask your provider to address the plan’s stated basis
Share the denial rationale and coverage criteria with the treating provider. Ask whether they can explain, in their own clinical judgment, why the requested treatment fits your circumstances and respond directly to the reasons the plan gave. A useful statement is specific to you and the plan’s reasoning; it should not promise that the plan will reverse its decision.
Use the checklist below to gather only records relevant to the decision. If the plan relied on a factual error or missing record, point that out clearly and attach the corrected information. Keep the originals and copies of everything submitted.
Submit the internal appeal and keep proof
Follow the notice’s instructions and submit before the deadline that applies to your plan. Identify the decision you are challenging, state what you want reviewed, answer the plan’s experimental or investigational rationale, and attach your supporting records. If another person will speak or file for you, ask whether the plan requires its representative authorization form.
Use the stated portal, address, fax, or other accepted method. Keep a complete copy and a receipt, confirmation number, or delivery record. If the plan misses its response deadline, ask promptly whether that changes your right to request the next review.
Check whether independent external review is available
If an eligible private-plan denial is upheld, read the response for external-review instructions and contact the listed state or federal review office if anything is unclear. Experimental or investigational treatment decisions can be eligible under the federal process, but coverage type, grandfathered status, state rules, exhaustion requirements, and the kind of decision can affect eligibility. Some urgent situations or missed plan deadlines may allow a request before all internal steps are complete; confirm this for your case rather than assuming it. HealthCare.gov describes 45 days for a standard external-review decision and 72 hours for an expedited decision after the request. These are review decision times, not filing deadlines, and the process that applies to you may differ.
For Medicare, Medicaid, and CHIP, use the program-specific next step in your notice; an ACA external-review request is not a substitute for those appeal routes. An external reviewer can uphold or reverse a decision, and an appeal does not guarantee coverage.
- HealthCare.gov: External review (opens in a new tab)
- Centers for Medicare & Medicaid Services (CMS): State external-review processes (opens in a new tab)
- Medicare.gov: Appeals in Original Medicare, Medicare Advantage, and drug plans (opens in a new tab)
- Electronic Code of Federal Regulations: Medicaid managed-care appeal rights (42 CFR § 438.402) (opens in a new tab)
- Electronic Code of Federal Regulations: Medicaid managed-care appeal decision times (42 CFR § 438.408) (opens in a new tab)
Ask about expedited review if time may affect your health
Tell the plan or program that the matter is time-sensitive and ask how to request expedited internal review and, if applicable, expedited external review. Ask your treating provider whether they can explain why delay could seriously jeopardize your health or ability to regain maximum function, or cause severe pain that cannot be adequately managed while waiting. The applicable urgency standard and decision time vary by coverage and process.
Ask the plan to confirm how to mark and send the request, what provider statement is needed, and when you should expect a decision. If the situation is an emergency, seek emergency care instead of waiting for an appeal response.
- HealthCare.gov: Internal appeals (opens in a new tab)
- HealthCare.gov: External review (opens in a new tab)
- U.S. Department of Labor (DOL), Employee Benefits Security Administration: Filing a claim for your health benefits (opens in a new tab)
- Medicare.gov: Appeals in Original Medicare, Medicare Advantage, and drug plans (opens in a new tab)
- Electronic Code of Federal Regulations: Medicaid managed-care appeal rights (42 CFR § 438.402) (opens in a new tab)
- Electronic Code of Federal Regulations: Medicaid managed-care appeal decision times (42 CFR § 438.408) (opens in a new tab)
Official sources
These sources explain general private-plan appeal protections and separate Medicare and Medicaid procedures. Rules and source pages can change; use the current notice and official instructions for your coverage.
- HealthCare.gov: Internal appeals (opens in a new tab)
- HealthCare.gov: External review (opens in a new tab)
- U.S. Department of Labor (DOL), Employee Benefits Security Administration: Filing a claim for your health benefits (opens in a new tab)
- Electronic Code of Federal Regulations: ERISA group health plan claims procedures (29 CFR § 2560.503-1) (opens in a new tab)
- Centers for Medicare & Medicaid Services (CMS): State external-review processes (opens in a new tab)
- Medicare.gov: Appeals in Original Medicare, Medicare Advantage, and drug plans (opens in a new tab)
- Electronic Code of Federal Regulations: Medicaid managed-care appeal rights (42 CFR § 438.402) (opens in a new tab)
- Electronic Code of Federal Regulations: Medicaid managed-care appeal decision times (42 CFR § 438.408) (opens in a new tab)
- National Association of Insurance Commissioners (NAIC): Find a state insurance department (opens in a new tab)
For broader appeal steps, read the general health-insurance appeal guide or the external review guide, or browse all patient resources.