Florida Insurance Education

Health Insurance External Review Rights

If your health insurer denies a claim or a prior authorization, Florida law gives you the right to have that decision reviewed by an independent organization — not just the insurer's own internal appeals department. External review overturns insurer denials at significant rates, yet most policyholders never exercise this right.

01

What External Review Is

External review is an independent review of a health insurance coverage denial by an organization with no financial relationship with your insurer. External reviewers are clinical experts who evaluate whether the denial was medically appropriate and consistent with applicable standards of care. The insurer is bound by the external reviewer's decision.

02

When You Can Request External Review

You can typically request external review after exhausting your insurer's internal appeal process — or in some cases, simultaneously with an expedited appeal. External review is available for: medical necessity denials; experimental or investigational treatment denials; and other coverage denials. The AFL established federal external review rights that apply to most health plans.

03

Expedited External Review

If your medical situation is urgent — your life or health could be seriously jeopardized by waiting — you can request an expedited external review. Expedited reviews must be completed within 72 hours. This right exists even before you exhaust internal appeals in life-threatening situations. Do not wait if the situation is urgent.

04

How to File for External Review

Your denial notice must include information about your right to external review and how to request it. Typically: submit a written request to your insurer or directly to the external review organization; include the denial notice, your treating provider's support, and clinical documentation; and meet the submission deadline (typically 120-180 days from the denial).

Florida-Specific Facts

What Florida Policyholders Need to Know

  • Florida external review governed by Fla. Stat. §627.6404
  • External review organizations certified by DFS conduct independent reviews
  • Standard review: 45 days; expedited review: 72 hours
  • Florida policyholders can file a complaint with DFS if external review rights are denied
  • Self-insured ERISA plans follow federal external review process — different rules apply
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Regulatory resource: Florida Department of Financial Serviceshttps://www.myfloridacfo.com. The Insurance Professor provides education only — not legal or insurance advice.

Health Insurance External Review Rights — Other States