When a health insurance claim is repeatedly reopened by the insurer, here is the complete guide:
Step 1: What does “claim reopened” mean? (a) the insurer initially processes the claim (approves or partially pays), (b) then reopens it — asking for more documents or disputing the claim again, © this can happen multiple times, (d) the purpose may be to delay payment or deny the claim.
Step 2: IRDAI rules on claim processing. (a) the insurer must settle or deny the claim within 30 days of receiving all documents, (b) if investigation is needed: within 120 days, © once a claim is settled: it cannot be reopened without valid reason, (d) the insurer must give written reasons for reopening, (e) repeated reopening without new evidence is an unfair practice.
Step 3: Common reasons for reopening. (a) the insurer alleges non-disclosure of pre-existing conditions (even after initial approval), (b) the insurer disputes the hospital bill (after initial acceptance), © the insurer claims the treatment was not medically necessary (after initial approval), (d) the insurer receives a “tip” or flag from the TPA.
Step 4: How to stop harassment. (a) demand written reasons for reopening — the insurer must specify the grounds, (b) if the reasons are vague or no new evidence: file a complaint with the insurer's grievance officer, © the grievance officer must respond within 15 days, (d) if not resolved: file with IRDAI Ombudsman (bima-sevak.in), (e) the Ombudsman can direct the insurer to settle and stop reopening.
Step 5: Consumer protection. (a) repeated reopening is deficiency in service under the Consumer Protection Act 2019, (b) file a consumer complaint seeking: (i) claim amount, (ii) interest, (iii) compensation for harassment, © the Consumer Commission can penalize the insurer for unfair trade practice.
Step 6: Non-disclosure defense. (a) if the insurer alleges non-disclosure: they must prove the non-disclosure was material to the risk, (b) the non-disclosure must be fraudulent or reckless (not innocent), © the insurer must repudiate within the policy term (not years later), (d) the Supreme Court has held that the burden is on the insurer to prove materiality.
Step 7: File RTI. File RTI with IRDAI asking for: (a) the number of complaints about repeated claim reopening, (b) the action taken against insurers, © the guidelines on claim reopening.