Medicare Denied Your Surgical Procedure?
Centers for Medicare & Medicaid Services (CMS) denies 18% of claims on average. But 75% of appeals succeed when patients fight back. Your surgical procedure denial may have grounds for a successful appeal.
Why Medicare Denies Surgical Procedure
Not medically necessary — conservative treatment recommended
Prior authorization not obtained or expired
Procedure classified as cosmetic or elective
Medicare's Common Denial Tactics
Denying claims as not reasonable and necessary
Coverage determinations based on LCD/NCD criteria
Denying skilled nursing facility stays as custodial care
How to Win Your Surgical Procedure Appeal
Surgeon letter of medical necessity with clinical justification
Documentation of failed conservative treatments
Peer-reviewed literature supporting the procedure
Pre-authorization documentation (if obtained but later denied)
Laws That Protect You
ACA §2719 — Internal and external review rights
ERISA §502(a) — Right to sue for denied benefits
No Surprises Act — Emergency surgery protections
Tips for Appealing to Medicare
Medicare has a 5-level appeal process — most denials are overturned by level 2 or 3
Request an ALJ hearing if redetermination and reconsideration fail
Cite specific LCD/NCD criteria and explain how your case meets them
Ready to Fight Your Surgical Procedure Denial?
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This information is for educational and informational purposes only. It does not constitute legal or medical advice. Statistics cited are from publicly available sources including KFF, HHS OIG, and state insurance department data. Individual results may vary. Consult a qualified professional before taking action on your specific situation.