MEExternal review · Maine

Maine gives you a full year to ask for external review

Four months is the national norm and 45 days is the harshest. Maine allows twelve months from the denial of the second-level appeal, which makes it the most forgiving external-review deadline in the country.

Maine's independent external review is governed by 24-A M.R.S. 4312 and Bureau of Insurance Rule Chapter 850. You apply within 12 months after the second-level internal appeal is denied — Maine runs a two-level internal process, so the trigger is the second denial, not the first. The Bureau screens eligibility and then sends a packet containing an authorisation and a contact sheet; the application can also be filed through the Bureau's online form. The external review organization must complete the review within 30 days of receiving the case, and issues a written decision to both the consumer and the carrier.

Twelve months, from the second-level denial

Two things make Maine's clock different. The window is 12 months rather than four, and it runs from the denial of the SECOND-level appeal — because Maine's internal process has two levels rather than one. A first-level denial does not start the count, which is worth confirming before assuming a case has been sitting too long.

An old denial may still be live here

In most states a denial from eight months ago is beyond reach. In Maine it may not be. Before writing off an aged Maine claim, check whether the second-level appeal was denied within the last twelve months.

How the Bureau starts the file

Maine begins with contact rather than paperwork. You call or write the Bureau of Insurance to request an external review; once the Bureau determines that you qualify, it sends you a packet containing an authorisation and a contact sheet. You complete the contact sheet, sign the authorisation, and return them with a copy of the second-level appeal denial letter from the insurer.

  • Request the review by calling or writing to the Bureau of Insurance.
  • The Bureau confirms eligibility and sends the packet.
  • Return the completed contact sheet, the signed authorisation, and the second-level denial letter.
  • The application can also be filed through the Bureau's online external review form, or by mailing the PDF version.

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.

Thirty days for the decision

The external review organization must complete the review within 30 days after it first receives the case, and a written decision goes to the consumer and to the carrier. Maine's Rule Chapter 850 sets out how these appeals are conducted and the deadlines for responding to consumers along the way.

How to file

  1. 1

    Finish both internal levels

    Maine's internal process runs two levels; the external clock starts when the second-level appeal is denied.

  2. 2

    Contact the Bureau

    Call or write the Bureau of Insurance to request the external review — this is the step that opens the file.

  3. 3

    Complete the packet the Bureau sends

    A contact sheet to complete and an authorisation to sign, returned with the second-level denial letter.

  4. 4

    Or file online

    Maine also publishes an online external review application and a mailable PDF form.

The rules behind the process

The statutory basis is 24-A M.R.S. 4312, independent external review, and the operational detail lives in Rule Chapter 850. The Bureau also publishes a consumer guide to requesting an external review and, in Bulletin 265, guidance on utilization review determinations — worth reading where the dispute is about how the determination itself was made rather than about the medicine.

Prior authorization and step therapy: miss the clock, grant the request

Maine puts short deadlines on the front end and attaches a real consequence to missing them. For a non-emergency service a carrier must answer a provider's prior-authorization request within 72 hours or two business days, whichever is less (24-A M.R.S. 4304). The step-therapy override rules at 24-A M.R.S. 4320-N run on the same clock, with 24 hours where exigent circumstances exist — and if the carrier or utilization review organization does not grant or deny in time, the exception or appeal is granted.

  • The required drug is contraindicated, or will likely cause an adverse reaction.
  • It is expected to be ineffective given the enrollee's clinical characteristics.
  • The enrollee already tried it — or a similar drug — and it was discontinued for lack of efficacy or an adverse reaction.
  • It is not in the enrollee's best interest based on medical necessity.

Record the hour, not just the day

Where a missed deadline grants the request outright, the timestamp on your submission is the substantive fact. A 72-hour or two-business-day rule is decided in hours, so log when it went and when the answer came.

For Maine practices

The generous window changes what is worth revisiting. A practice that clears out aged denials on a four-month assumption will be discarding Maine cases that remain fully eligible. It is worth running a periodic sweep of Maine second-level denials from the past year, since the cost of checking is small and the right survives far longer here than anywhere else.

Frequently asked

How long do I have to request external review in Maine?
Twelve months after the second-level appeal is denied — the longest external-review window in the country.
Does the clock start at the first denial?
No. Maine runs a two-level internal appeal, and the twelve months run from the denial of the second-level appeal.
How do I start it?
Call or write the Bureau of Insurance. Once the Bureau determines you qualify it sends a packet with an authorisation and a contact sheet; you can also use the online external review application or mail the PDF form.
What do I have to send back?
The completed contact sheet, the signed authorisation, and a copy of the second-level appeal denial letter from the insurer.
How long does the review take?
The external review organization must complete the review within 30 days of first receiving the case, and sends a written decision to you and to the carrier.
Where are the detailed rules?
24-A M.R.S. 4312 sets out independent external review, and Bureau of Insurance Rule Chapter 850 explains how the appeals are conducted and the response deadlines.

Primary sources: 24-A M.R.S. 4312 — Independent external review; Maine Bureau of Insurance — Requesting an external review; Maine Bureau of Insurance — Complaints, appeals and external reviews; Maine Bureau of Insurance — Bulletin 265, utilization review determinations; 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.