INExternal review · Indiana

Indiana puts a board-certified specialist on the file

Indiana spends less of its statute on the deadline than on who has to read the file. The medical reviewer must be board certified in the specialty the disputed service belongs to — so the argument is read by someone who actually performs it.

Indiana's external grievance review sits in IC 27-8-29. A covered individual or their representative must file a written request with the insurer not more than 120 days after being notified of the resolution of the internal grievance. The Department of Insurance certifies independent review organizations annually and supplies the list to insurers. A standard external grievance is decided within 15 business days and an expedited one within 72 hours — fast by national standards — by a reviewer who must be board certified in the specialty in which the proposed service would be provided and knowledgeable about it through actual clinical experience. Health maintenance organizations run a parallel process under IC 27-13-10.1.

120 days, counted from the resolution

The request for external grievance review must be filed not more than 120 days after the covered individual is notified of the resolution of the internal grievance — and the start point, not the length, is what catches people. It runs from the resolution of the grievance, not from the original denial. Older summaries of Indiana law still circulate quoting 45 days; that was the pre-ACA text of IC 27-8-29 and it is not the current rule.

  • The request is written, and it goes to the insurer rather than to the Department.
  • The clock starts at notification of the internal grievance resolution, not at the original denial.
  • A covered individual or their authorised representative may file it.

Date the resolution letter, not the denial

Where a plan has sent several letters, the one that resolves the internal grievance is the one that starts the 120 days. Reading from the original denial date shortens the window against yourself.

Who reads the file

Indiana is specific about the reviewer's credentials, and the specification is a strong one. The medical review professional assigned by the independent review organization must be board certified in the specialty in which the proposed service would be provided, must be knowledgeable about that service through actual clinical experience, must hold an unlimited licence to practise in a US state, and must have no history of disciplinary action or sanction.

  • Board certified in the relevant specialty — not merely a licensed physician.
  • Knowledgeable about the proposed service through actual clinical experience.
  • Unlimited licence, and no disciplinary history.
  • The Department certifies the organizations annually and makes the list available to insurers.

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.

How fast the answer comes

  • Standard external grievance: a determination within 15 business days.
  • Expedited external grievance: within 72 hours.
  • The reviewer decides on information gathered from the covered individual or designee, the insurer, and the treating provider — so the treating physician is a direct input, not a bystander.

Filing it

  1. 1

    Finish the internal grievance

    The external review follows the insurer's internal grievance procedure under IC 27-8-28.

  2. 2

    Note the resolution date

    That date starts the 120 days. Record it the moment the resolution notice arrives.

  3. 3

    Send a written request to the insurer

    Indiana routes the request through the insurer, which then works from the Department's certified list of review organizations.

  4. 4

    Get the treating provider's input in

    The reviewer gathers information from the treating health care provider as well as the parties, so a prepared clinical statement carries weight.

For Indiana practices

Two features shape how an Indiana submission should be written. The answer comes back in 15 business days, so there is no long stretch in which a reviewer might come back for more — whatever is in the file is what gets read. And that reader is board certified in the specialty at issue, which raises the useful ceiling on how technical the argument can be: the criteria, the imaging and the failed alternatives will land with someone who performs the service rather than with a generalist.

If the plan is a self-funded employer plan

None of the above applies to a self-funded ERISA plan, which is not subject to Indiana insurance law and follows the federal external-review route instead. Confirm which kind of coverage produced the denial before starting any count, because the two frameworks measure from different documents — Indiana from the resolution of the internal grievance, the federal process from the final internal adverse determination.

Frequently asked

How long do I have to request external review in Indiana?
Not more than 120 days after you are notified of the resolution of the internal grievance. Summaries still quoting 45 days are reading the pre-ACA version of IC 27-8-29.
Where does the request go?
To the insurer, in writing. Indiana routes external grievance review through the insurer, which works from the Department of Insurance's annual list of certified independent review organizations.
How fast is a decision?
Within 15 business days for a standard external grievance, and within 72 hours for an expedited one.
What are the reviewer's qualifications?
Board certification in the specialty in which the proposed service would be provided, actual clinical experience with that service, an unlimited licence to practise, and no history of disciplinary action or sanction.
Can the treating physician contribute?
Yes. The reviewer bases the determination on information gathered from the covered individual or designee, the insurer, and the treating health care provider.
Does this apply to an ERISA plan?
Generally no. A self-funded ERISA plan is outside Indiana insurance law and uses the federal external-review process, which is measured from the final internal adverse determination rather than from the grievance resolution.
I'm in an HMO — is the process the same?
Parallel, but in its own chapter. IC 27-13-10.1 governs HMO external review of adverse utilization review determinations, medical-necessity denials, determinations that a service is experimental or investigational, and rescission of a contract. Check which chapter the plan is written under before relying on a particular deadline.

Primary sources: Indiana Code 27-8-29 — External Review of Grievances; IC 27-13-10.1 — HMO external review of grievances; Indiana DOI — Internal and External Grievance Procedures; IC 27-8-29-19 — Annual certification of independent review organizations; 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

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