Colorado's independent external review is set out in C.R.S. 10-16-113.5. You have four months from the denial notice to request one. The carrier then contacts the Division of Insurance, which — or whose contractor — names the independent review entity, so the insurer never selects its own judge. A standard review is decided within 45 calendar days and an expedited one within 72 hours, the carrier pays the full cost, and the determination binds both sides.
The carrier asks; the Division answers
Most states describe external review from the patient's side. Colorado's statute describes it from the carrier's: once a request comes in, the carrier must contact the Division of Insurance, and the Division or its contractor tells the carrier the name of the independent external review entity that will handle the case. The insurer is a party to the review, not the organiser of it.
- The Division — not the carrier — names the reviewing entity.
- The reviewer is an expert reviewer independent of the plan.
- Denials turning on medical necessity are the core of what is eligible.
Plan type still governs
Four months from the notice
The statutory window is four months: an individual requesting an independent external review must make the request within four months after receiving notification of the denial. The clock runs from the notice, so the date on the letter is the date that matters — not the date the claim was denied internally, and not the date you got around to reading it.
How to start one
- 1
Finish the carrier's internal appeal
External review follows the plan's own appeal process, except where the case is urgent enough to run in parallel.
- 2
Request the external review from the carrier
The request goes in, and the statute then puts the burden on the carrier to contact the Division for an assignment.
- 3
Send the clinical record
The expert reviewer decides on what is in front of them. Include the documentation that shows the service met the criterion the plan applied.
- 4
Ask the Division if anything stalls
The Division of Insurance Consumer Services team takes questions about external-review requests at 303-894-7490 or [email protected].
Speed, and who pays
- Standard review: decided within 45 calendar days of receipt of the request.
- Expedited review: within 72 hours, with written confirmation inside 48 hours where the decision was first given orally.
- Cost: the carrier pays for the independent external review. There is no bill to the patient or the practice.
Binding — on both sides
Colorado is explicit that the determination of the expert reviewer binds the carrier and the individual who requested the review. That cuts both ways and is worth understanding before filing: an overturn obliges the plan to cover the service, and an upheld denial closes this avenue rather than opening another. It is a reason to file the complete record the first time rather than holding material back.
One shot, decided on the file
Prior authorization: 180 days, published rules, and an exemption at 80%
Colorado moved on the front end in 2019 with HB19-1211, effective 08/02/2019, and the provisions are the kind a practice can hold a carrier to:
- An approved prior authorization is valid for at least 180 days, and continues for the duration of the authorized course of treatment.
- Carriers must publish and keep current their prior-authorization requirements and restrictions — an unpublished criterion is contestable as such.
- A provider with an 80% approval rate on prior-authorization requests over the previous 12 months may qualify for exemption from prior authorization altogether.
Check the exemption before the appeal
For Colorado practices
Two habits pay off here. Diary the four months from the date printed on the denial notice, because that is the date the statute keys to. And treat the submission as final: with a determination that binds both parties, an incomplete file is not a first draft, it is the whole case. Where the denial turns on medical necessity, the strongest submissions map the documented findings and prior treatment onto the specific criterion the carrier cited.
Frequently asked
How long do I have to request external review in Colorado?
Who chooses the reviewer?
Does it cost anything?
How fast is a decision?
Is the decision binding?
Does Colorado's process cover an ERISA plan?
Primary sources: C.R.S. 10-16-113.5 (independent external review of adverse determinations); Colorado DOI — Bulletin B-4.19, Independent External Reviews for Denials of Health Claims; Colorado DOI — When Your Health Insurance Company Says No; 45 CFR 147.136 (internal claims, appeals & external review); HealthCare.gov — external review process. General information, not legal or medical advice — confirm against the governing rule for the plan type.
When the appeal has to be written, and cited
Upload the denied EOB and Merits returns a complete, citation-verified appeal letter — the clinical argument, the payer's own coverage criteria, and your federal appeal rights — in about a minute.
