Can I sue the insurance company or HMO that refuses to pay for treatment?
A. If your HMO or insurer is subject to state law, you may be able to file a medical malpractice suit against your HMO or insurer, as well as your physician. If you file notice to your HMO or insurer of the intent to file a lawsuit, your HMO or insurer may request an IRO review within 14 days of receiving notice of a potential suit regarding treatment denial. If the HMO or insurer chooses to request an IRO review, it is legally required to comply with all state IRO requirements. You should contact your attorney for additional information or advice about suits against HMOs and insurers.