Federal external review for self-funded job-based plans in Texas
In short
- TDI says most people with a health plan in Texas have a self-funded plan, and that a card without "TDI" or "DOI" on it means the plan is self-funded.
- The request for an outside review is filed with the plan within four months after the final internal denial.
- The independent review organization sends written notice within 45 days of receiving the request, and the claimant pays no costs.
The Texas Department of Insurance (TDI) says most people with a health plan in Texas have a self-funded plan, usually through an employer. Those plans fall under federal law and the U.S. Department of Labor, not TDI. When such a plan keeps a denial that turns on medical judgment, federal rules provide an outside review by an independent review organization (IRO). This page sets out those rules.
How to tell a plan is self-funded
- TDI says that a health plan ID card without "TDI" or "DOI" on it means the plan is self-funded.
- The card may say an insurance company "administers" the plan, or "ASO" (administrative services only).
- The plan documents, or the benefits administrator at work, can confirm it. A separate page covers card markers.
Which denials qualify
The federal process covers a denial that "involves medical judgment", including the plan's requirements for "medical necessity, appropriateness, health care setting, level of care, or effectiveness of a covered benefit", and denials of care as experimental or investigational, "as determined by the external reviewer" (45 CFR 147.136(d)(1)(i)(A)). A denial about whether someone is eligible for the plan does not qualify ((d)(2)(ii)(A)(2)). Older "grandfathered" plans are generally outside these rules ((a)(1)(ii)).
The steps in the federal rule
- Ask within four months. The request is filed with the plan within four months after receipt of the final internal denial. If there is no matching date, the deadline is the first day of the fifth month ((d)(2)(i)).
- The plan checks it. Within five business days, the plan confirms coverage, that internal appeals are finished (unless not required), and that the forms are complete. Its written notice follows within one business day. If the request is not eligible, the notice must give the reasons and the Labor Department's contact details ((d)(2)(ii)).
- An IRO is assigned. It must be accredited (by URAC or a similar body), and the plan rotates cases among at least three IROs. The claimant pays no costs, including filing fees ((d)(2)(iii)(A)).
- More papers. The claimant may send the IRO more information in writing within ten business days of its notice. The plan sends its file to the IRO within five business days of assignment ((d)(2)(iii)(B)(2)-(3)).
- A fresh look. The IRO reviews the claim "de novo". It considers the records, the attending health care professional's recommendation, practice guidelines, and the plan's clinical review criteria unless they conflict with the plan terms or the law ((B)(5)).
- A decision in 45 days. The IRO sends written notice within 45 days of receiving the request ((B)(6)). If it reverses the denial, the plan "immediately must provide coverage or payment" ((d)(2)(iv)).
When waiting could seriously harm health
An expedited outside review can be asked for at the same time as an expedited internal appeal. The IRO then decides in no more than 72 hours (45 CFR 147.136(d)(3)). A separate page covers urgent appeals.
Where the request goes
HealthCare.gov says a plan outside a state process and outside the HHS-run federal process "must contract with an independent review organization". It also says the Explanation of Benefits, or the final internal denial, gives contact details for the organization that handles the review.
What can be gathered
- The final internal denial and the date it was received.
- The claim file and the criterion used (see the claim file page).
- The doctor's letter and records, and proof of what was sent and when.
Free public help
- The plan's member line, printed on the card.
- U.S. Department of Labor, Employee Benefits Security Administration: online at askebsa.dol.gov, or its Dallas Regional Office, 972-850-4500 (as listed by TDI).
- Texas Department of Insurance, for help telling plan types apart: 800-252-3439.
- Office of Public Insurance Counsel (OPIC), the state office that speaks for insurance consumers: 1-877-611-6742.
What Denial Reply prepares
Denial Reply prepares appeal paperwork for Texas adults from the denial letter and records, with a calendar that carries the four-month outside-review deadline. The free decoder at /decode needs no upload.
Related guides: which kind of plan you have · Texas outside review · the 72-hour urgent appeal
Who, how, why
- Who: Denial Reply. Drafted with AI and checked by the founder, who is not a doctor and is not licensed to practice law.
- How: From 45 CFR 147.136, HealthCare.gov's external review page and TDI's pages on self-funded and fully insured plans, all read November 3, 2026 (linked below).
- Why: To help people use the outside-review right the federal rules give. It is general information, not legal or medical advice.
Sources
- 45 CFR 147.136: https://www.law.cornell.edu/cfr/text/45/147.136 (read 2026-11-03)
- HealthCare.gov, "External Review": https://www.healthcare.gov/appeal-insurance-company-decision/external-review/ (no date shown; read 2026-11-03)
- TDI, "How to file a complaint about a self-funded health plan": https://www.tdi.texas.gov/consumer/selffundedplans.html (updated 6/23/2023; read 2026-11-03)
- TDI, insurance tips page on fully insured and self-funded plans: https://www.tdi.texas.gov/tips/fully-insured-vs-self-insured.html (updated 12/17/2025; read 2026-11-03)