Legal Question in Health Care Law in California

After an ''Independent Medical Review,'' I only received a partial reimbursement

The Dept. of Managed Health Care ruled in my favor during an Independent Medical Review (IMR), overturning my health insurance denial of a medication, & deemed that it had been prescribed as ''medically necessary.''

However, after the ruling & I submitted the receipts that totalled $60,000 for a retroactive reimbursement, my health insurance company wrote and said they would only cover half of the monthly quantity. Despite a follow-up letter from my physician again stating the quantity I was stabilized on, they only reimbursed approx. $ 30,000.

1) Is their a statue of limitations since I cashed their check (their was no statement that it constituted payment in full)? I received the check April 2003.

2) Does the insurance company owe me interest on the outstanding amount?

3) Did they renege on the ruling?

4) When I called my IMR ''representative'' for help, her response was that the monthly quantity ''sounded like a lot, and said I would have to make another appeal. I felt she was not impartial, did she not uphold the ruling. Can she be held accountable in some monetary fashion?


Asked on 11/20/05, 12:52 am

1 Answer from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: After an ''Independent Medical Review,'' I only received a partial reimbursement

Your legal questions are too entailed for answers on this forum. You should consult with an attorney regarding the numerous questions you want answers. You may contact us directly for a free consultation.

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Answered on 11/20/05, 3:20 am


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