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What to Do When Medicare Advantage Plans Deny Coverage

Since their introduction over 20 years ago, Medicare Advantage plans have become a rapidly expanding option in the Medicare system. In 2025, more than 34 million people enrolled in a Medicare Advantage plan, accounting for 54% of those eligible for Medicare, KFF reports. By 2034, 64% of all eligible beneficiaries of Medicare are expected to be enrolled in a Medicare Advantage plan.

Medicare Advantage plans, administered by private companies, are required to offer comparable coverage to original Medicare, which consists of Part A (hospital insurance) and Part B (medical insurance). Many Medicare Advantage plans, however, also come with extra benefits that original Medicare does not provide, such as prescription drug coverage, vision and dental care and gym memberships.

One potential drawback of Medicare Advantage plans is their use of prior authorizations when determining if care is medically necessary. If a service or procedure is deemed medically unnecessary, your Medicare Advantage plan can deny coverage.

Here’s what to do if your Medicare Advantage plan refuses to provide coverage.

[READ: Worst Medicare Advantage Plans: How to Find a Good One]

What Is Prior Authorization?

Prior authorization is a process in which a health care provider must receive approval from a patient’s insurance plan before it will cover a specific medication, procedure or treatment. While prior authorization is intended to reduce unnecessary care and control costs, critics warn that prior authorization can delay or deny medically necessary treatment.

Nearly all Medicare Advantage enrollees are required to obtain prior authorization for at least some services, such as:

— Certain prescription medications

Chemotherapy or radiation treatments

Hospital stays

Imaging tests, such as MRIs or CT scans

Physical, occupational or speech therapy

Specialist visits

How often do Medicare Advantage plans deny prior authorization requests?

Medicare Advantage plans fully or partially denied 3.2 million of the 50 million prior authorization requests submitted in 2023, according to KFF. Only about 11% of denials were appealed, but nearly 82% of them were overturned.

Researchers analyzing claims from a large insurer found that in 2022 about one-third of Medicare Advantage enrollees experienced at least one service denial each year. Roughly 15% of prior authorization denials were tied to Medicare Advantage policies that were more restrictive than original Medicare, indicating that some denied care would have been covered under original Medicare. The Office of the Inspector General reached a similar conclusion, finding that 13% of Medicare Advantage coverage denials met original Medicare criteria. In response to these findings, the Centers for Medicare & Medicaid Services (CMS) issued a final rule clarifying that Medicare Advantage coverage may not be more restrictive than original Medicare.

Can AI deny my Medicare Advantage claim?

AI alone cannot deny your Medicare Advantage claim. AI tools may be used to support reviews, but coverage decisions must also include clinician oversight.

According to a CMS final rule issued in 2023, Medicare Advantage plans also “must ensure that they are making medical necessity determinations based on the circumstances of the specific individual, as opposed to using an algorithm or software that doesn’t account for an individual’s circumstances.”

Further changes are on the horizon, such as the Improving Seniors Timely Access to Care Act, reintroduced in 2025 and currently pending in Congress. This act aims to streamline prior authorization processes in Medicare Advantage plans and reinforce regulations issued by CMS. It also includes further guardrails intended to limit inappropriate reliance on AI or automated decision-making in coverage determinations.

Reasons for Denial

There are many reasons why a prior authorization may be denied, including:

Administrative errors. Sometimes there can be mistakes or incomplete information, such as missing codes in the submitted paperwork or an error in processing the request.

Benefit exhaustion. The enrollee has exhausted their benefits for the year, such as hitting the maximum out-of-pocket limit or coverage limit for a particular service.

Insufficient documentation. The submitted request did not include enough information or documentation to support the claim of medical necessity.

Lack of medical necessity. The plan determines that the requested service or medication is not medically necessary.

Lack of FDA approval. The treatment or medication has not been approved by the Food and Drug Administration for the specific condition being treated.

Out-of-network providers or facilities. Many plans require enrollees to use in-network providers or facilities only.

How to Appeal a Denial

Appealing a denial can be frustrating and time-consuming, but it may be worth the effort in the end.

“Most people don’t bother to appeal denials, but we urge people to do so,” explains David Lipschutz, the co-director and attorney for the Center for Medicare Advocacy in Washington, D.C. “Your chances of winning are generally better after the first couple levels of appeal.”

Before you begin, carefully read the denial letter and note any questions or concerns you have. At each level, a set of instructions on how to move the appeal to the next level should be included with the decision letter.

Call your plan to review the denial and to confirm that it wasn’t issued because of something easily resolvable, such as missing or incomplete information or an administrative error.

If you still feel that an appeal is warranted, Medicare’s appeal process has five levels:

Level 1: Reconsideration. You will need to begin the process through your Medicare Advantage plan. You, your representative or your doctor must appeal within 65 days of the coverage determination. If you miss the deadline, you must include the reason for filing late in your appeal.

Level 2: Review by an Independent Review Entity (IRE). If your appeal is denied, you have the right to request a review by an independent third party that works for Medicare, not your insurance plan.

Level 3: Decision by the Office of Medicare Hearings and Appeals. If the IRE upholds the denial, you have the right to request a hearing before an administrative law judge (ALJ) or to have them decide without a hearing based on the information in your appeal record. Hearings are typically held by phone or video teleconference.

Level 4: Medicare Appeals Council review. If the ALJ denies the appeal, you have the right to request a review by the Medicare Appeals Council.

Level 5: Judicial review by a federal-district court. For your appeal to move forward to this final level, the appeal must meet the minimum amount of $1,960 in 2026.

Medicare Advantage appeals have two response times: standard and expedited. The plan has to respond in writing within 30 calendar days for a standard request and within 72 hours for an expedited request. Different response times for each level of appeal must be met, and a useful chart outlining response times can be found at Medicare.gov.

[READ: How to Use AI to Help Fight a Health Insurance Denial: Step-by-Step Guide]

Helpful Tips

Experts recommend adopting these tips to strengthen your appeal:

Keep detailed records. Keep a file with all of the paperwork from every appeal level sent to you. Keep a detailed account of any phone calls with your insurance plan, including dates, times and what was said.

Be repetitive. Even if you think they should already have it, ensure you provide your name, address, Medicare number, the service being appealed and why in all correspondence.

Understand your rights. Familiarize yourself with your rights under Medicare and your Medicare Advantage plan. Lipschutz advises researching your plan’s coverage rules, making sure you understand what criteria must be met to better prepared to argue your case.

Be persistent. Don’t give up if your appeal is denied at first. You may need to appeal multiple times to be successful.

[READ: When and How to Change Your Medicare Plan]

Bottom Line

Prior authorizations can decrease wasteful spending but also create barriers to care. If you feel your Medicare Advantage plan inappropriately denied your request, you should feel empowered to appeal. Understanding why your request was denied, keeping thorough records and staying persistent through the appeals process can be critical to accessing the care you need.

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What to Do When Medicare Advantage Plans Deny Coverage originally appeared on usnews.com

Update 01/16/26: This story was previously published at an earlier date and has been updated with new information.

Deputy followed her six miles, then threw her to the ground: Sun Prairie family alleges racial profiling, excessive force

Click here for updates on this story    SUN PRAIRIE, WI (365 Media Foundation, Inc) -- A Sun Prairie family has filed complaints with the Dane County Sheriff’s Office (DCSO) and Sun Prairie Police Department (SPPD), and is pursuing legal action, after a Dane County Sheriff’s Deputy followed a 19-year-old woman for more than six miles, handcuffed her father, forcibly threw her to the ground and violently detained her without provocation.Sun Prairie Police body camera video shows Bryanna Montgomery, 19, was backing away from Deputy Tory Boyce when he grabbed her arm and the back of her neck, throwing her to the ground and kneeling on her back. With the assistance of Sun Prairie Police officer Tyler Chitwood, who also knelt on Bryanna Montgomery’s back, Boyce placed Montgomery in the back of his patrol car.“I’m about to watch my kid get killed in front of our (expletive) house,” Jovan Montgomery recalls thinking. He said he may pursue therapy, as the whole encounter has given him recurring nightmares.A Sun Prairie Police Department spokesman said the department is looking into the case but could not comment at this time. “The Dane County Sheriff’s Office takes all complaints about the conduct of our employees seriously. Maintaining the trust and confidence of our community members is of the utmost importance,” Dane County Sheriff Kalvin Barret said in an email to Madison365. “Whenever we receive a complaint, we thoroughly review the matter and take appropriate action based on the outcome of the investigation.”The following video comes from two SPPD body cameras. The second depicts a better view of Boyce’s actions but is muted, which is against SPPD policy. The video contains profanity and disturbing images.youtu.be/Q1m7lt0gYOs?si=mZGLeF-gYyLHu0EwAll eight body camera videos are available at this link: youtu.be/AwpbkPlcdkEThe incidentJovan Montgomery told Madison365 that he and his daughter Bryanna had gone to Madison’s east side to pick up his other daughter’s car late Wednesday, July 29. Bryanna was driving that car back to their home in Sun Prairie, with Jovan in his car behind. He said he noticed a Dane County Sheriff’s Deputy following closely behind Bryanna on the East Side of Madison, and that the deputy continued to follow her all the way to Sun Prairie. A ticket mailed to Bryanna subsequently alleges that she ran the stop sign at Portage Road and Hanson Road in the Town of Burke. Google Maps indicates that it’s a 6.6-mile drive from there to the Montgomery home, which is where Boyce finally turned on his lights and pulled Bryanna over.A DCSO representative said there’s no set policy on how long it should take to initiate a traffic stop after a deputy observes a violation.“The timeline completely depends on the discretion of the individual law enforcement officer surrounding the anticipated contact,” DCSO Public Information Officer Elise Shaffer wrote in an email responding to Madison365’s questions. “Every contact with the public presents its own unique set of circumstances.”Madison365 has submitted open records requests for Boyce’s patrol car dash cam video. The dark blue route is the one Jovan Montgomery said he and his daughter took from the East Side of Madison to Sun Prairie, with Sheriff’s Deputy Tory Boyce following the entire way. Jovan Montgomery said he followed the deputy as the deputy followed Byranna, calling his wife, who was at home. When they arrived home and the deputy turned his lights on, Jovan parked behind the deputy’s car. Jovan got out of his car just as Boyce was getting out of his, and Jovan said Boyce immediately shone his flashlight into Jovan’s eyes and demanded to see his ID. Jovan Montgomery said he asked what crime he had committed, and declined to show his ID. A law enforcement officer can ask anyone for an ID, and a person can decline that request, unless the officer has reasonable suspicion that they’ve committed a crime, Shaffer said. “He probably wanted to see if I got a warrant (for arrest),” Jovan Montgomery said. “I don’t. Once he saw me, he saw a Black man, and he’s like, ‘target acquired.'”After declining to provide an ID, Jovan Montgomery walked onto his front lawn and requested Boyce summon assistance from the Sun Prairie Police Department (SPPD), because he knew SPPD uses body cameras. Eight SPPD officers arrived very shortly thereafter.SPPD body camera video indicates that Boyce told SPPD officers “he’s detained, she’s detained,” pointing in turn at Jovan and Bryanna Montgomery. Jovan Montgomery’s wife and Bryanna’s stepmother, Emily Wendt, was also outside and vocally confrontational with police, but was not detained.Wendt is white. Jovan and Bryanna Montgomery are Black.SPPD officer Tyler Chitwood wrote in an incident report that he asked Boyce if he wanted Jovan Montgomery in handcuffs, and that Boyce said yes.Chitwood’s body camera video shows that he asked, “You want him actually detained?” And Boyce answered, “Yes, with the way he’s acting,” as Jovan Montgomery, standing on his front lawn, took a step back with his arms folded.Chitwood and officer Odalys Gloria then placed Jovan Montgomery in handcuffs. Chitwood wrote in his report that Jovan Montgomery offered “passive resistance” by tensing his arm, but complied.Shaffer said Wisconsin law enforcement officers “are allowed to handcuff a person when that person is under formal arrest, placed in protective custody, or when a law enforcement officer has specific articulable facts showing the person poses a safety or flight risk during temporary detention.”Madison365 has submitted open records requests for Deputy Boyce’s incident reports to ascertain whether he articulated any such facts. Shaffer could not answer whether his reports contain such facts.Video recorded by Chitwood and Gloria then shows Boyce speaking with Bryanna Montgomery on the sidewalk. Boyce said he wanted to “explain the traffic stop” and seemed to indicate he wanted Bryanna Montgomery to move closer to the street for that purpose. It’s unclear why he couldn’t explain the traffic stop where they were standing, on the sidewalk. Bryanna Montgomery did not seem threatening, nor did she seem to be attempting to flee. However, when she refused to walk with Boyce toward the street, he grabbed her upper arm with one hand, the back of her neck with the other and threw her face-first to the ground, on the strip of grass between the sidewalk and the curb. While Wendt screamed and implored officers to get off of her, and Jovan told Bryanna to hold still and calm down, both Chitwood and Boyce knelt on her back while securing her in handcuffs. She said once that she couldn’t breathe. Once they had her cuffed, Chitwood asked whether she needed an ambulance; she said no. They then walked her to a patrol car and she voluntarily got in the back seat, saying, “I weigh like 20 times less than both of you. You don’t need two grown men on my (expletive) back.”A few minutes later, a DCSO Sergeant arrived and walked Jovan toward his garage door, away from the SPPD officers. Jovan said he explained the situation to the sergeant and the sergeant unlocked the handcuffs on him and instructed SPPD officers to get Bryanna out of the squad car and unlock the handcuffs on her. Boyce told Bryanna that he would mail a ticket, and the police all left.Bryanna Montgomery then received tickets in the mail for failure to obey a traffic sign, for following too closely and for driving without her driver’s license on her person. Jovan Montgomery received a ticket for following Boyce too closely. That ticket indicates the violation happened on Main Street in Sun Prairie, even though all three vehicles avoided Main Street due to road construction.“This was a big deal”After the police had all left, Wendt and Jovan Montgomery took Bryanna to the emergency room, where she was treated for a racing heart rate, difficulty breathing, and abrasions to her legs. A little over a week later, during an interview with Madison365, Jovan seemed more traumatized than Bryanna was.“You’re supposed to de-escalate,” he said of his expectations of police. “You’re supposed to make sure people feel safe. I don’t even feel safe in front of police anymore.”He said he remembers hearing Bryanna say, “We’re not doing this today” to Boyce, and thinking she meant, “we’re not doing what you guys just did a week ago with Corey (Ruiz),” referring to the man shot and killed by Madison police on July 22, just a week before this encounter. “That’s not gonna happen. You’re not gonna do any violence or murder somebody in front of our house. I’m no threat.”Bryanna said she felt more disrespected than fearful.“You’re not even talking to me like I’m a human,” Bryanna said. “You’re talking to me like you own me.”“It just seemed like it was just a really bad day, and it seemed like the deputy wanted to make it a worse day,” Jovan Montgomery said. “I really feel that I was being targeted… as a Black man.”The family has filed complaints with both DCSO and SPPD. They have also consulted an attorney and are considering a lawsuit against both agencies.“I want a public apology towards me and for my child, because a routine traffic stop should not turn into where people are being thrown around like rag dolls or like we’re slaves,” Jovan said. “Those days are over with.”Wendt said she wants “some accountability that something’s going to change. There’s going to have to be some monetary compensation, too. This is trauma… what we want is acknowledgement. We want Byranna’s case to mean something for change. This was a big deal.”Please note: This story was provided to CNN Wire by an affiliate and does not contain original CNN reporting. This content carries a strict local market embargo. If you share the same market as the contributor of this article, you may not use it on any platform.
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