COExternal review · Colorado

In Colorado the carrier must ask the state who will review its denial

Colorado inverts the usual suspicion about who picks the reviewer. When you request an external review, your carrier has to contact the Division of Insurance, and the Division names the entity that will judge the carrier's own denial.

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

State external review applies to fully insured plans. ERISA self-funded plans are not subject to state insurance law — their external review runs through the federal process regardless of the state. Confirm the plan type before choosing a path.

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. 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. 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. 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. 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

Because the determination binds the person who asked for it as well as the insurer, the external review is not a rehearsal. Everything the reviewer should weigh — the chart, the guideline, the prior therapy — needs to be in the submission.

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

If your approval rate over the last twelve months clears 80%, the more durable fix is qualifying out of prior authorization rather than appealing each denial as it lands.

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?
Four months after you receive notification of the denial, under C.R.S. 10-16-113.5. The clock runs from the notice.
Who chooses the reviewer?
The Division of Insurance, or its contractor. The carrier must contact the Division, which then names the independent external review entity — the insurer does not pick it.
Does it cost anything?
Not to you. The statute puts the cost of the independent external review on the carrier.
How fast is a decision?
A standard review is decided within 45 calendar days of receipt. An expedited review is decided within 72 hours, with written confirmation within 48 hours if the decision was first given orally.
Is the decision binding?
Yes, and on both sides: the determination binds the carrier and the individual who requested the review.
Does Colorado's process cover an ERISA plan?
Generally no. A self-funded ERISA plan is not subject to Colorado insurance law and uses the federal external-review process instead.

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.