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Prior authorization denied or missing

What it means

Either the plan refused advance approval for a service, or care already happened without the approval paperwork and the claim was denied for that reason alone.

Why insurers use it

Prior auth is a volume-control tool. Every denied or abandoned request is savings, and insurers know most people never appeal — only about 1 in 9 denied patients does.

The counter-strategy

1

As of 2026, standard prior-auth decisions must come within 72 hours (24 for expedited) for most government-regulated plans — a late decision can be a deemed approval.

2

If care was urgent, invoke expedited review and the prudent layperson standard for emergencies.

3

For missing-auth denials on care already received: retroactive authorization requests plus evidence the service was medically necessary and time-sensitive.

4

Appeal anyway. Roughly 4 in 5 appealed Medicare Advantage prior-auth denials get overturned.

What the data says

About 80% of appealed Medicare Advantage prior-auth denials are overturned (KFF analysis of CMS data).

Rights that apply to this denial

Right to an organization determination

Your Medicare Advantage plan must give you a written decision when it denies a service or payment. Standard requests must be decided within

42 CFR § 422.566, § 422.568; CMS-0057-F
Level 1 appeal: plan reconsideration

You have 65 days from the date on your denial notice to ask the plan to reconsider. A different reviewer than the one who denied you must de

42 CFR § 422.578–422.590
Level 2: automatic independent review (IRE)

If your plan upholds its denial, it must automatically forward your case to an Independent Review Entity — you don't have to ask. The IRE is

42 CFR § 422.590(a), § 422.592
Right to an expedited (fast) appeal

If waiting the standard timeline could seriously harm your health or your ability to function, you can demand an expedited appeal decided wi

42 CFR § 422.584
Level 3: Administrative Law Judge hearing

If the IRE also says no and the amount in dispute meets the yearly threshold, you can request a hearing before an Administrative Law Judge w

42 CFR § 422.600–422.616
ERISA internal appeal (180 days)

If your health plan comes through a private employer, federal law gives you at least 180 days to appeal a denial. The plan must review your

29 CFR § 2560.503-1(h)
Not legal or medical advice. Coverage Rights is a self-help tool that helps you prepare your own appeal. For advice about your specific situation, talk to a licensed attorney or your doctor.

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