Can an Insurance Company Refuse to Cover a Medication

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Insurance companies can refuse to cover a medication for various reasons. They may consider the medication experimental, not medically necessary, or not supported by clinical evidence.

According to the FDA, only a small percentage of medications are approved for use in the US each year. This means that many medications may not be approved for coverage by insurance companies.

Insurance companies may also consider the cost-effectiveness of a medication. If a medication is deemed too expensive, they may not cover it. In fact, a study found that 75% of medications approved by the FDA in 2019 were not covered by major insurance plans.

In some cases, insurance companies may require patients to try cheaper alternatives before covering a more expensive medication. This is known as a "step therapy" or "fail-first" policy.

Understanding Insurance Coverage

Insurance companies are required to provide a list of prescription medications they cover, but this doesn't mean they cover all medications.

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You can find this list on your health insurance plan's website or by contacting your insurance provider directly. Small employers must also provide this information in their health plans, but larger employers have different requirements.

Your pharmacist can usually tell you why your medication isn't covered and if there are alternative options available.

If your insurance denies medication coverage, you can request an exception to the formulary, which requires your healthcare provider to provide a supporting statement explaining why the medication is medically necessary.

Some insurance plans require you to try an alternative medication before granting an exception, known as "step therapy."

Here are some common reasons why insurance companies might refuse to cover a medication:

  • Cost of the medication
  • Clinical data for using the medication to treat a specific condition
  • Availability of generic options
  • Other medications available that may offer similar results

In some cases, insurance companies may change their formularies and stop covering a medication you've been taking without much notice. If this happens to you, you can appeal the decision and continue receiving coverage while the appeal is being processed.

Verify Prescription Coverage

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All health insurance plans on the marketplace must provide prescription drug coverage, but this doesn't mean they cover all prescription medications. This is because plans can choose which medications to cover and which to exclude.

If you're unsure whether your plan covers a specific medication, you can check the plan's formulary, which lists the medications they cover. Plans are required to publish their formularies online.

You can also appeal to your insurer if they don't cover a medication you need. Some states have consumer assistance programs to help with the appeal process.

You don't have to use your health insurance for prescriptions, but it's usually cheaper to do so.

Here are some reasons why an insurer might not cover a medication:

  • Cost of the medication
  • Clinical data for using the medication to treat a specific condition
  • Availability of generic options
  • Other medications available that may offer similar results

Your pharmacist or doctor can help you understand why a medication isn't covered and if there are alternative options available.

Ask Why the Drug Isn't Covered

You should understand why your medication isn’t covered before taking action. Your pharmacist can generally tell you why insurance doesn’t approve the medication and if there are covered alternatives.

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It's essential to ask your provider why they prescribed this particular drug. They may be able to suggest a less expensive generic option or another treatment you can explore with your medical team.

You should also ask about the insurance company's prior authorization process. This may involve a form your healthcare provider fills out explaining why you need that medication, which can help get your prescription approved for coverage.

Insurance companies may deny coverage of a medication because it's not listed in their formulary. However, this doesn't mean you can't get it covered – you may have to fight to make it happen.

Handling Denials and Appeals

If your insurance company denies coverage for a medication, you have options. You can file an appeal, which can be done through the insurance company's internal process.

You may have up to 6 months to file an internal appeal with a private health insurance company after they deny a request. The insurance company must respond to the appeal within 30 days of receiving it, or 60 days if you have already started using the medication.

For another approach, see: Can You Appeal Insurance Cancellation

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To file an internal appeal, you'll typically need to submit a doctor's letter explaining why you need the medication, and follow the insurer's forms. You can also contact the insurer with your name, claim number, and health insurance policy number.

If your appeal is denied, you may be able to request an external review, which involves a neutral third party reviewing your case and making a decision. This process can take up to 45 days and is typically done through an external review process by the federal Department of Health and Human Services (HHS) or a private review organization.

Here are some steps to follow when appealing a medication denial:

  • File an internal appeal with your insurance company
  • Submit a doctor's letter explaining why you need the medication
  • Follow the insurer's forms and deadlines
  • Request an external review if your appeal is denied

Handling Denials

If your insurance company denies coverage for a medication, you have options. You can file an appeal, which may involve working with your medical provider to submit a letter of appeal or application. The appeal process varies depending on your insurer, but it typically involves a written request and possibly a phone call with a medical director at the insurance company.

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You may have up to 6 months to file an internal appeal with a private health insurance company after they deny a request. The insurance company must respond to the appeal within 30 days of receiving it, or 60 days if you've already covered the cost yourself.

Filing an appeal can be a time-consuming process, and physicians often carry the burden of lost productivity. However, discussing the patient's need for a particular therapy with the medical director, plus filing any paperwork that's needed, may help get the denial of service overturned.

If your insurance company denies your appeal, you can file for an independent review through your state's insurance regulator. This process can take up to 45 days and may involve an external review by the federal Department of Health and Human Services (HHS) or a private review organization.

Some ways to save money on medications include getting a higher dose and cutting it in half, getting a 90-day supply, or asking for free samples. You can also consider generic forms of medications, which are often less expensive and covered under insurance.

Here are some common medications that are often denied by insurance companies, along with some possible alternatives:

  • Mental Health: Buspirone, Venlafaxine, Escitalopram, Fluoxetine, Mirtazapine, Hydroxyzine, Bupropion, Sertraline

Keep in mind that the appeal process can be complex and time-consuming, and it's often helpful to work with an attorney who has experience with ERISA law.

Step Therapy

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Step therapy is a practice where an insurance company recommends a particular medication be tried before a more expensive one can be used.

This practice can be detrimental to patients with inflammatory bowel disease (IBD), as they may worsen on the insurance-company recommended medication before their first choice is covered.

Patient advocacy groups strongly oppose step therapy in the IBD space, considering it not patient-friendly.

A 2017 study published in the journal Inflammatory Bowel Diseases found that almost all insurance companies do not follow the IBD management guidelines set forth by the American Gastroenterological Association when creating their policies on medication approvals.

Physicians may appeal to the insurance company if they disagree with step therapy for their patient.

Requesting Coverage Exceptions

You can request an exception to have your insurer cover a medication they don't usually pay for. This is known as a formulary exception.

Your healthcare provider will need to provide a supporting statement to inform your insurance that the medication is medically necessary and that alternatives will have an adverse effect. This statement can be a crucial part of the exception process.

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Some plans require you to try an alternative medication before they grant a request for an exception, known as "step therapy." If the alternative drug is unsuccessful, your provider can complete the paperwork to get the original medication approved.

You can also start a prior authorization request for medications by asking a healthcare professional to complete a form from your insurer. This form will typically require them to explain why you need the medication and how soon you need it.

If your insurance company denies your request, you may be able to appeal the decision once. Your insurance company will typically respond within a few days with their decision.

Taking Action

If your insurance company refuses to cover a medication, you have the right to take action.

First, have your doctor request approval from your insurance company. If the doctor's request is denied, there are additional steps you can take on your own.

You can appeal the decision, and during the appeals process, your medication coverage should continue.

If your insurer suddenly changes its formulary and no longer covers a medication you've been taking, you can also appeal the decision.

Overcoming Denial

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If you're facing insurance denial for medication, don't panic. You have options.

You can start by asking the insurance company to explain why coverage was denied. If that doesn't work, you can file an appeal.

Filing an appeal is a crucial step, as it can help you understand the insurance company's rules and how you can save money on prescription drugs.

If the claims administrator denies your medication claim and you believe the denial was unjust, you must file an appeal before taking legal action.

If this caught your attention, see: Life Insurance Policy Denial

Overcoming Denial

If your insurance denies medication, you have options. You can file an appeal.

Each insurance plan has its own rules about which drugs it covers. This can make it confusing, but it's essential to understand these rules to navigate the process.

Filing an appeal is a crucial step in overcoming denial. Under ERISA, you must go through the appeals process before taking legal action.

You can't bring your fight to court without going through the appeals process. This ensures that your case is carefully reviewed before proceeding to trial.

A federal court judge will make the decision about whether your health insurance company must pay for your medication if your case does proceed to trial. This can be a lengthy process, but it's worth it to get the care you need.

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Our attorneys are always up-to-date on changes to the law, which is crucial in handling prescription coverage cases.

We stay on our toes by keeping abreast of important cases impacting medication denials, so we can effectively navigate the complex process.

With each court decision, we learn about how the courts interpret and apply these laws, giving us a deeper understanding of the system.

Some attorneys claim they can handle prescription coverage cases but are unaware of recent cases and changes to the law, which can put their clients at a disadvantage.

We are dedicated to staying current with legal changes, ensuring that our clients receive the best possible outcome in their cases.

Turn to Our Experienced Attorneys

If you're facing a situation where your insurance company refuses to cover a medication, don't worry, you have options. Our experienced attorneys can guide you through the process and help you understand your rights.

We've seen cases where insurance companies deny coverage for medications that are deemed "off-label" or not FDA-approved, as in the case of the medication that was approved for one condition but not another. This can be frustrating for patients who need the medication to treat their condition.

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Our attorneys have a deep understanding of the laws and regulations surrounding insurance coverage, including the ERISA law, which governs most employer-sponsored health plans. They can help you navigate the complex process of appealing a denial.

In some cases, insurance companies may deny coverage for medications that are deemed "experimental" or "investigational", but this can be subjective and open to interpretation. Our attorneys can help you understand what this means for your specific situation.

We've also seen cases where insurance companies deny coverage for medications due to a lack of "medical necessity", as in the case of a medication that is deemed not necessary for a patient's condition.

Common Issues

Insurance companies can refuse to cover a medication if it's deemed experimental or not widely accepted by the medical community, as seen with the case of Avastin for breast cancer treatment.

The FDA had approved Avastin for breast cancer, but the insurance company refused to cover it, citing a lack of evidence supporting its effectiveness.

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Insurance companies may also deny coverage for medications that are not FDA-approved or are being used off-label, as in the case of Avastin for breast cancer treatment.

This can be a major issue for patients who are relying on these medications to manage their conditions.

Insurance companies may also refuse to cover medications that are deemed unnecessary or excessive, such as a patient who is prescribed multiple medications for a single condition.

A patient's medical history and current health status can also play a role in determining whether a medication is covered or not, as seen with the case of patients with pre-existing conditions.

Robin Little

Senior Writer

Robin Little is a seasoned writer with a keen eye for detail and a passion for storytelling. With a strong background in research and analysis, Robin has honed their craft to deliver engaging and informative content on a wide range of topics. Their expertise in the realm of financial markets has earned them a reputation as a trusted voice in the industry.

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