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Surgery Denial

Medicare Denied Your Surgical Procedure?

According to federal data, Centers for Medicare & Medicaid Services (CMS) denies approximately 18% of claims. When patients appeal, about 75% are overturned. Your surgical procedure denial may have grounds for a successful appeal.Sources: KFF ACA Marketplace Transparency Data, HHS OIG Reports, state insurance department filings. Rates are aggregate averages — individual results vary by plan type, denial reason, and documentation.

18%
Denial Rate
75%
Appeal Success
60-90 days
Typical Timeline
$10,000–$100,000+
Typical Claim

Based on published government and industry research. Individual results vary based on denial type, insurer, and documentation.

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 Review 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.

Medicare Denied Your Surgical Procedure? Here's How to Appeal | Lysco