Appeal a Medical Necessity Denial in Texas
Texas patients have one of the strongest external-review processes in the country. Texas Insurance Code chapter 4202 establishes the IRO process, and the IRO's decision is binding on the insurer.
When a Texas insurer denies care as not medically necessary, the patient (or provider with patient consent) can request IRO review after exhausting the internal appeal. Chapter 4202 specifies that the IRO is randomly assigned by TDI, the patient does not pay, and the insurer pays the IRO fee.
Your appeal letter should identify the specific UM criterion the insurer applied (insurers must provide UM criteria on request under chapter 4201), establish how the patient's case meets that criterion (or how the criterion conflicts with current standard of care), and request IRO escalation if the internal appeal is denied.
For HMO plans, Texas Insurance Code chapter 1271 also gives the patient the right to a peer-to-peer reviewer in the same specialty as the patient's treating physician.
Statutes and resources cited
- Texas Insurance Code chapter 4202 (Independent Review Organizations)
- Texas Insurance Code chapter 4201 (Utilization Review Agents - UM criteria disclosure)
- Texas Insurance Code chapter 1271 (HMO peer reviewer in same specialty)
- TDI IRO Information Line: 1-866-554-4926
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