WAExternal review · Washington

In Washington the carrier assigns the reviewer — but cannot choose which one

Washington splits the reviewer decision in two: your health plan executes the assignment, but it has to take whichever certified IRO comes next in the Insurance Commissioner's rotational registry, and it can skip one only for a documented conflict of interest. Every decision those reviewers have issued since 2016 sits in a public database you can search by payer and diagnosis before writing a word.

In Washington, external review of a denied health-plan claim goes to a certified independent review organization under RCW 48.43.535, with the Office of the Insurance Commissioner certifying the IROs and running the assignment registry. The request is filed with the carrier rather than the state: there is no OIC form or consumer portal for it, and the carrier makes the assignment through the Commissioner's online system by taking the next reviewer in a mandatory rotation. You have 180 days from the carrier's final internal determination, the review costs the patient and the practice nothing, and the IRO must decide within 15 days of receiving the necessary information or 20 days of the referral, whichever comes earlier (72 hours when expedited).

Who assigns the reviewer: carrier-executed, Commissioner-sequenced

The health plan performs the assignment. The Commissioner controls the order. RCW 48.43.535(3) directs the Commissioner to run a rotational registry for assigning a certified IRO to each dispute, and WAC 284-43A-140(2) and WAC 284-43A-150(1) then require carriers to use that registry through the Commissioner's online service and take the next IRO in sequence. A carrier may not assign out of sequence for any reason other than a conflict of interest under WAC 284-43A-050.

That places Washington between two more familiar models: states where the insurance department hand-picks the reviewer, and states where a carrier freely contracts with an IRO of its own choosing. Here the plan does the paperwork and the regulator decides who gets the case.

  • 27 IROs are currently certified and selectable in Washington, among them AllMed, KEPRO, MCMC, MAXIMUS Federal Services, Medical Review Institute of America, IPRO, and Advanced Medical Reviews.
  • The carrier must assign an IRO within three business days of the enrollee's request.
  • It must tell the appellant the assigned IRO's name and contact information within one day of selecting it (WAC 284-43A-140(4)(d)).
  • Every assignment is reported to the Commissioner within one business day, and the final IRO decision within three business days of the carrier receiving it.

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.

180 days — and the retrospective denial that skips the grievance

Washington writes the window in days rather than months. The carrier's written internal-review determination has to tell the appellant they have 'up to one hundred eighty days' to request external review, and that the internal decision is final and binding if they don't (WAC 284-43-3150(5)). The rule does not say on its face whether those 180 days run from the date of the final internal determination or from receipt of it, so calendar from the earlier date and don't build a filing plan on the difference. The internal appeal that precedes external review carries its own 180-day clock, and that one expressly runs from the appellant's receipt of the determination (WAC 284-43-3030(4)).

There is no separate, shorter provider clock in Washington. A practice files inside the enrollee's 180 days as the appellant's designated representative (WAC 284-43-3010); a provider seeking expedited review may act as the patient's representative even without a designation already on file.

One category of denial bypasses the grievance process entirely. Where a service carried a valid prior authorization and the carrier denied it retrospectively, the enrollee — or the provider on the enrollee's behalf — may go straight to an IRO, with no obligation to engage in, exhaust, or wait out the carrier's grievance process (RCW 48.43.525(2), as amended by Chapter 157, Laws of 2026; mirrored in RCW 48.43.535(2)).

How to file: the request goes to the carrier, not the regulator

  1. 1

    Finish the internal appeal, or claim deemed exhaustion

    Complete the carrier's internal review first. Where the carrier failed to strictly adhere to its own internal-review requirements, WAC 284-43-3130 deems the internal process exhausted and the case can move on.

  2. 2

    Send the request to the health plan

    There is no OIC application form or consumer portal for filing. Washington routes the request through the carrier, which then processes the IRO assignment in the Commissioner's online system. Follow the external-review instructions the carrier is required to print in its final internal determination (WAC 284-43-3150(2)).

  3. 3

    Wait for the assignment notice

    The carrier assigns an IRO within three business days and must give the appellant the reviewer's name and contact information within one day of selecting it.

  4. 4

    Get the evidence to the IRO

    The carrier must deliver its file to the IRO no later than the third business day after receiving the review request, and the enrollee gets at least five business days to send the IRO additional material the reviewer is required to consider (RCW 48.43.535(4)-(5)). In an expedited case that window compresses to 24 hours.

  5. 5

    Call OIC if the carrier stalls

    Consumer Advocacy, 800-562-6900. The office does not take the filing — intake is the carrier's job — but a plan that ignores the assignment or notice mechanics is exactly what it is there for.

The clocks, and who pays

  • Standard: the IRO must decide within 15 days after receiving the necessary information, or within 20 days after receiving the referral, whichever comes earlier. Where information is incomplete, exceptional circumstances stretch it to no later than 25 days after referral.
  • Notice of the result and its basis goes to the enrollee and the carrier within two business days of the determination (WAC 284-43A-070(3)).
  • Expedited: 72 hours from receipt of the request, with written confirmation within 48 hours if the request was made orally (RCW 48.43.535(7)(a)). If the ordering provider, contracted or not, determines that standard timing would seriously jeopardize life, health, the ability to regain maximum function, or subject the patient to severe and intolerable pain, the carrier must presume expedited handling (WAC 284-43-3170).
  • Upstream, for sequencing: the carrier decides the internal appeal within 14 days, or 20 if the service is experimental or investigational, extendable by 16 more days for good cause (WAC 284-43-3110).
  • Cost to the patient and to the practice: none. The carrier pays the IRO's charges (RCW 48.43.535(8)), and carriers must provide the review without imposing any cost on the appellant or their provider (WAC 284-43A-140(4)(b)).
  • Washington also caps what the IRO may bill the carrier (WAC 284-43A-130): $600 for contract interpretation, $700 for a standard medical-necessity review, $1,000 for a highly specialized review of a complex condition or an experimental/investigational treatment, and $1,100 where multiple reviewers are used, plus a $200 surcharge for expedited review. Those figures are inclusive of postage, fax, and record handling.
  • No dollar threshold. A carrier may not impose a minimum disputed amount as a condition of external review (WAC 284-43A-140(1)), so a small-balance denial is eligible.

Three review rules that cut toward the patient

Washington's rules put unusual weight on the record. If all pertinent information has been disclosed and the reviewers still cannot reach a determination, the IRO must decide in favor of the enrollee. If the carrier refuses to produce available records the IRO requested, the IRO may overturn the denial on that basis alone; the same rule runs the other way when the patient or the provider is the one withholding (WAC 284-43A-070(4)).

The third rule changes how an appeal should be written. Reviewers may override the health plan's own medical-necessity standards where those standards are unreasonable or inconsistent with sound, evidence-based medical practice, and the yardstick is the Washington standard of practice, with national standards usable where there is no evidence that Washington's differs (WAC 284-43A-080, RCW 48.43.535(6)). A determination that overrides the plan has to document why the plan's standard was found unreasonable.

Two grounds, not one

Washington lets you argue that the patient satisfies the plan's criterion and, separately, that the criterion itself is unreasonable measured against Washington practice. Documenting both gives the reviewer two independent routes to overturn.

Every Washington IRO decision since 2016 is searchable

The Commissioner publishes a database of individual IRO decisions covering every case since 2016, filterable by year, health insurer, IRO, ICD-10 diagnosis, treatment, reason for appeal, and outcome. The outcome values are Overturned, Partially Overturned, Upheld, Withdrawn by the Carrier, Withdrawn by the Enrollee, and IRO Unavailable. For a practice, that means pulling the actual case narratives for the same payer and the same diagnosis before drafting the appeal.

We do not quote a Washington overturn rate on this page. The database exposes the outcome filter, but we found no OIC publication of an aggregate percentage we could verify against a primary source, and an unsourced number is worth nothing to you. Read the cases instead: how a reviewer described the evidence that carried is more useful to a specific appeal than a statewide average would be.

For Washington providers and billers

Chapter 157, Laws of 2026 — E2SSB 5395, on transparency and accountability in prior-authorization determinations — took effect June 11, 2026, with sections 3 and 7 following on January 1, 2027. Several pieces of it are directly usable when a denial looks thin.

  • Every prior-authorization determination notice sent to the enrollee and to the requesting or referring provider must disclose the credentials, board certifications, and specialty of the clinician who had clinical oversight of the determination.
  • A medical-necessity determination may be made only by a licensed physician or licensed health professional working within scope, who must actually review the requesting provider's recommendation, the patient's clinical history, and the individual clinical circumstances.
  • AI may not be the sole means used to deny, delay, or modify care. Algorithms may process and approve, but a medical-necessity denial requires human review, may not rest on a group data set alone, must be auditable by OIC, and must be periodically reviewed for accuracy.
  • A retrospectively denied service that carried a valid prior authorization is deemed approved and payable, and interest accrues on the claim at 1% per month retroactive to the submission date.
  • Carriers must post prior-authorization policy changes in a single location on their website, and after December 30, 2030 any new application of prior authorization must be exposed through the electronic PA system.
  • By October 1, 2026, carriers report total PA requests, approvals, and denials by health plan and by each delegated benefit manager, including the percentage of denials aided by AI and the percentage of determinations made after the required turnaround times, with OIC publishing annual trend data.

Frequently asked

How long do I have to request external review in Washington?
180 days. WAC 284-43-3150(5) requires the carrier's final internal determination to state that the appellant has up to one hundred eighty days to file. Washington sets no separate, shorter provider clock — a practice files inside the patient's 180 days as their designated representative.
Who picks the independent reviewer?
The carrier makes the assignment, but only through the Insurance Commissioner's online registry and only by taking the next certified IRO in rotational sequence. Assigning out of sequence is permitted solely for a conflict of interest, and each assignment is reported to the Commissioner within one business day.
How fast is the decision?
The IRO must decide within 15 days after receiving the necessary information or within 20 days after the referral, whichever comes earlier, extendable to no more than 25 days after referral in exceptional circumstances. Expedited review is 72 hours, and the carrier must presume expedited handling when the treating provider says standard timing would seriously jeopardize the patient.
Does external review cost the patient or the practice anything?
No. The carrier pays the IRO under RCW 48.43.535(8), and WAC 284-43A-140(4)(b) requires the review to be provided without imposing any cost on the appellant or their provider. Washington also caps the IRO's own charges to the carrier, from $600 for contract interpretation up to $1,100 for a multi-reviewer case, plus $200 for expedited handling.
The plan authorized the service and then denied the claim. Do I still have to run the grievance first?
No. Under RCW 48.43.525 as amended in 2026, a retrospective denial of a service that carried a valid prior authorization is not an adverse benefit determination at all: the authorization is deemed approved and payable, interest runs at 1% per month back to the submission date, and the enrollee or the provider on their behalf may go directly to an IRO without exhausting the grievance process.
Does Washington's external review cover an ERISA plan?
Generally no. The state process reaches fully insured, non-grandfathered coverage regulated under Title 48 RCW. A self-funded ERISA plan sits outside the Commissioner's reach and follows the federal route instead.

Primary sources: RCW 48.43.535 — Independent review of health care disputes; WAC 284-43A-140 — External review (IRO rotation, no cost, no minimum amount); WAC 284-43-3150 — Notice of internal review determination (the 180-day window); RCW 48.43.525 — Retrospective denial of an authorized service (2026 amendment); Washington OIC — Searchable independent review decisions (2016–present); 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.