If the insurance company turns down your request for bariatric surgery, you
may be able to appeal the decision. Many people do not take advantage
of the appeals process or know of the laws that govern insurance companies in
their state.
Work with Your Bariatric Program
Assistance is key. It is critical that you work with your bariatric program to
determine the correct approach to appealing a denial. Your program is there to assist
you and to help you adhere to your policy’s requirements.
Tip
Write a description of how morbid obesity decreases the quality of your life.
Be sure to include details such as difficulty walking, socializing, or
maintaining personal hygiene. This documentation can be useful for your
bariatric program and health insurance company.
Possible Options After Appeals
Even if you exhaust the appeals options, you still may have options:
Independent Review Board
Many states are required to have an independent, external board to evaluate
the validity of denied coverage. This option is available to people in more
than 40 states.
To look at your state’s website for filing instructions, click on that state.
You may also locate a phone number to your state’s insurance commission in
your phone book under government services. You can also ask your insurance
company, employer benefits department or bariatric surgery program
coordinator, if requesting an independent review of your case is an option. In
states where an independent review is required, decisions usually are issued
within 60 days.
Arbitration
As an alternative to a lawsuit, some health plans require or offer an option
of seeking a coverage decision using a neutral third party. Arbitration occurs
when an opinion or an evidence-based decision is made by an unbiased
person. Instead of going to court, the parties dispute the case in front of an
arbitrator that the parties have agreed on based on his or her experience and
expertise in the field. This procedure is often less costly and less
time-consuming than going through the court system.
It is important to remember that arbitration might not always be an option or
a better way of disputing a denied appeal. It is recommended to contact your
plan to verify the options available to you.
Litigation
When a lawsuit is filed and brought before a court, it is called litigation.
This formal legal action is usually taken in the event all other options for
obtaining coverage for your surgery have been exhausted. This option is
expensive and time consuming. You can consult with your bariatric surgery
program coordinator to identify local legal counsel in the event you feel
legal action is required to gain access to bariatric surgery.
State Insurance Departments and Phone Numbers
Click on state and phone number to go to the state’s insurance department
webpage
If your insurance policy does not cover bariatric surgery, you may want to
discuss alternative financing options with your bariatric program.
For more assistance, find a bariatric surgeon and program using the Surgeon
Locator.