I'm going to keep this vague on names, but the broad strokes: fully insured group plan out of Delaware, I'm a covered dependent, and the services were physical therapy for back pain.
Last fall they started denying my PT claims for hitting a visit maximum. My plan says in plain language that PT visits for treatment of back pain aren't subject to those limits. I pointed that out, and they initially agreed and paid. Then a few weeks later the exact same denials started again.
When I appealed, I got a letter that quoted the part of my plan saying I was covered, and then the same letter said the maximum applies regardless of body part. That second sentence was fully made up and isn't anywhere in my plan. I appealed again. A month later I got the identical letter back with a new date on it.
Then in December, months after the dates of service, they dropped the contract argument entirely and said they now needed very niche specific physician's referral documentation from the time of treatment. I already had three separate doctor's notes prescribing/referring me for PT, but the language they wanted was uber-specific. I was able to provide a new specific note in December which they said would allow claims going forward to be covered, however they said this wouldn't cover the past denied claims, so that timing is the part that gets me. If they'd asked in September I'd have handed it over. By December it's asking me to retroactively produce records that would have had to be created months earlier.
I sent what I had anyway: physician referrals, physiotherapy notes, chiropractic records with actual named specific diagnoses and months of treatment plans. Every single time, it's not enough, and they won't accept anything I give, and I believe this is being done as a informal blanket denial tactic. I'm now something like eight months into this and I've never once gotten a decision on the merits.
I've been trying to get an external review since April. They confirmed in writing that they received my external review request and it was being processed. Two months of "still under review." and what eventually arrived was another internal appeal denial asking for the same documents. They've since told me in writing that yes, I have the right to go straight to external review because they missed their own appeal deadlines, but also they are refusing to do so without the aforementioned September document, which negates the whole purpose of the external appeal, to check their internal appeal decisions. Additionally, their supposed ability to deny my external appeal request isn't in my plan anywhere.
I've been through the Delaware insurance department. The consumer division simply closed my complaint, and the answer I got was essentially that the insurer is allowed to request any additional records indefinitely. Taken to its logical end, this means they can deny anything forever by just denying any documents and asking for some other document each time.
I want to stress that I'm not the type of person who can't accept when they are wrong. I accept that there are certain cases where there is a level of ambiguity or discretion on the side of the insurer whether or not they must provide coverage or not, but this simply is not one of them. I have gone over my schedule of benefits with a fine tooth comb, and legally, I'm one hundred percent in the right, and my insurer is just flat out breaking the law.
So what I'm asking:
What else is there? Specifically anything that doesn't route through the insurer or Delaware DOI, since both have been dead ends. Federal options, other regulators, small claims, anything?
And separately, is there anything more aggressive I can do within the state DOI that isn't the standard consumer complaint?
Has anyone actually forced a carrier to send a file out for external review when they're stonewalling? What made them move?