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Health Care & Hospital Law

Jul. 6, 2011

Doctors Should Determine Medical Necessity, Not Insurance Companies

Health insurers have too long ignored California's longstanding medical necessity standard. By William M. Shernoff and Samuel Bruchey of Shernoff Bidart Echeverria


By William M. Shernoff and Samuel Bruchey


For many years, health insurers have carried out a disturbing practice of systematically overruling the judgment of physicians when they investigate the medical necessity of treatment provided to policyholders.


To do this, they create self-serving policy definitions of "medical necessity," and deny claims when treatment does not fit within these terms. These insurers deny claims as not medically neces...

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