What is an internal appeal?
An internal appeal asks the health plan to reconsider an adverse determination—when the plan denies PA, reduces payment, or says care is not medically necessary or not a covered benefit.
This is different from external review, where an SCDOI-approved independent review organization (IRO) reviews the case after internal review is complete.
General walkthrough: Appeals roadmap.
South Carolina appeal timelines
Chapter 38-71 (health carrier appeals)
South Carolina's Chapter 38-71 implements federal internal appeal standards for regulated health carriers. For most non-grandfathered plans:
- File within 180 days of the adverse determination in most cases (federal internal claims rules)
- Pre-service appeals: decision within 30 days
- Post-service appeals: within 60 days
- Urgent appeals: as fast as the medical condition requires, often within 72 hours
Deemed exhaustion (§ 38-71-1960)
You may proceed to external review without waiting further if:
- The carrier does not issue a written appeal decision within the time frames in its internal appeals process (after receiving all necessary information) and you did not agree to a delay
- The carrier waives internal appeal
- The carrier materially fails to follow internal appeal procedures
Final adverse determination notice
Your notice must explain external review rights and include SCDOI contact information in plain language (§ 38-71-1940). File external review within 60 days of the adverse or final adverse determination notice.
How to file
- Read the denial for appeal instructions and deadlines.
- Submit in writing when possible—include member ID, claim number, and clinical support.
- Request expedited review if delay would cause serious harm.
- Keep copies of everything sent and the date sent.
Carrier links: South Carolina prior auth & internal appeals links.
Evidence that helps
- Treating clinician letter on medical necessity
- Insurer's clinical criteria (request in writing if not provided)
- Peer-reviewed literature for experimental/investigational disputes
Medicaid appeals
Medicaid managed care requires an MCO appeal before a state fair hearing in most cases:
- MCO appeal: typically within 60 calendar days of the adverse benefit determination; plan must resolve within about 30 days (extensions possible)
- State fair hearing (SCDHHS): request within 120 calendar days of the MCO resolution letter (SCDHHS — file an appeal) · P.O. Box 8206, Columbia, SC 29202-8206
- Some direct SCDHHS actions allow 30 days from the notice—follow your letter exactly
After internal appeal
If you receive a final denial, request external review in writing to your health carrier within 60 days (SCDOI — external review).