The demand
What arrives, and the parts of it that carry the money.
- Demand package
- The set of documents a claimant’s representative sends to support a settlement demand — medical bills, treatment records, wage-loss documentation, and a narrative arguing for a figure. It is assembled to persuade, which is why it is reviewed rather than read.
- Demand letter
- The narrative document at the front of the package. It sets out the theory of liability, describes the injuries, totals the damages, and states the amount sought.
- Bodily injury (BI) claim
- A claim for physical injury to a person, as distinct from a claim for damage to property. Bodily injury is the part of a liability claim where medical documentation determines the number.
- Third-party liability claim
- A claim brought by someone who is not the policyholder, against the policyholder’s insurer, alleging the policyholder caused their injury. The claimant has no contract with the insurer, which is what distinguishes it from a first-party claim.
- Special damages
- The economic losses that can be itemised — medical charges, lost wages, out-of-pocket costs. Often shortened to "specials". This is the part of a demand that documentation can actually test.
- Medical specials
- The medical portion of the special damages — the total billed charges attributed to treating the claimed injury. It is usually the largest itemised component of a demand and the one most exposed to review.
- General damages
- Non-economic losses such as pain, suffering, and loss of enjoyment of life. They are argued rather than itemised, and are frequently framed as a multiple of the medical specials — which is why an unrelated charge left standing can raise the demand by more than its own face value.
- Policy limits demand
- A demand for the full amount available under the applicable liability policy. It carries weight beyond its size: in many jurisdictions, declining a policy limits demand that is later judged to have been reasonable can expose the insurer to liability above the limit.
- Time-limited demand
- A demand that expires on a stated date, often a short one. The purpose is to create a record that the insurer had a clear opportunity to settle within limits and did not take it. Several states now regulate the form these demands must take and how quickly an insurer must respond, and the rules differ meaningfully between them.
- Settlement severity
- The average cost to resolve a claim, as opposed to how many claims are filed. It is the figure a demand review programme is ultimately measured against.
The medicine
The clinical questions that decide how much of the treatment belongs to the claim.
- Causality
- Also called causation. Whether the incident being claimed actually caused the condition being treated. The threshold question — if causality fails, the pricing of the treatment stops mattering.
- Relatedness
- Whether a specific course of treatment connects to the compensable injury, as opposed to a separate condition being treated in the same period. Causality asks about the injury; relatedness asks, line by line, about the care.
- Medical necessity
- Whether the care delivered was appropriate for the documented diagnosis — the right service, at the right intensity, for a defensible duration, supported by what the record actually says.
- Pre-existing condition
- A condition present before the incident. Its existence does not by itself remove treatment from a claim; the question is whether the incident changed the condition, and by how much.
- Aggravation and exacerbation
- Two different things, frequently used as if they were one. An aggravation is generally understood as a lasting worsening of an underlying condition; an exacerbation is a temporary flare that settles back to the prior baseline. Which one the record supports governs how much of the subsequent treatment belongs to the claim.
- Medical chronology
- A date-ordered reconstruction of treatment built from the records themselves. It makes visible what a stack of bills conceals — gaps in care, overlapping providers, duplicated services, and treatment that began before the incident.
- Letter of protection (LOP)
- An agreement under which a provider treats a claimant without payment up front, in exchange for being paid out of the eventual settlement. The arrangement is legitimate and common. It also means the charges are frequently not constrained by any fee schedule or negotiated rate, so they can sit well above what the same service is billed at elsewhere.
The billing
How charges are constructed, and the standards used to test them.
- Billed charges
- The provider’s list price for a service. It is the number that appears on the bill and the number a demand totals, and it often bears little relationship to what the same service is reimbursed at under any negotiated or scheduled rate.
- Fee schedule
- The maximum reimbursement a jurisdiction permits for a given service, set per state and revised on that state’s own timetable. Where one applies, it is the clearest available benchmark for whether a charge is reasonable.
- Usual and customary (UCR)
- What providers in the same geographic area typically charge for the same service. It is the reasonableness benchmark generally reached for when no fee schedule controls the charge.
- Upcoding
- Billing a higher-intensity code than the documentation supports — a longer visit, a more complex procedure, a higher level of service than the record describes.
- Unbundling
- Billing separately for component services that should have been submitted under a single comprehensive code. The total rises while the care stays the same.
- Duplicate billing
- The same service charged more than once — resubmitted under a different code, billed by two providers for one encounter, or simply repeated in a package assembled from several sources. It is one of the more common findings and one of the least visible without a date-ordered view of the treatment.
- Provider treatment patterns
- How a given provider’s billing behaves across claims — the procedures they reach for, the intensity they code at, the length of the treatment courses they run. A charge that looks unremarkable in isolation reads differently against the pattern it came from.
- NCCI edits
- The National Correct Coding Initiative edit tables published by the Centers for Medicare & Medicaid Services, which identify code pairs that should not be billed together. They are the standard reference for detecting unbundling.
- CPT code
- Current Procedural Terminology — the code set maintained by the American Medical Association that identifies procedures and services. It records what was done.
- ICD-10 code
- The diagnosis code set. It records why something was done. Reading the diagnosis codes against the procedure codes is one of the more direct ways to test whether the treatment billed matches the injury claimed.
- Medical lien
- A claim asserted against settlement proceeds by a provider who treated the claimant, or by an insurer that paid for the treatment. Liens have to be resolved out of the settlement, so their size affects what the claimant actually nets.
The review
The kinds of review that exist, and what each one can and cannot answer.
- Medical bill audit
- Line-by-line examination of the charges against fee schedules, coding rules, and reasonableness benchmarks. It answers what should have been charged. It cannot answer whether the treatment belonged to the claim.
- Nurse clinical review
- Review of the medical records by a licensed nurse to assess causality, relatedness, and medical necessity. It answers whether the treatment was justified — the question a bill audit is not built to reach.
- Peer review
- Review of the record by a physician, usually of the same or a similar specialty to the treating provider. Records-only, with no examination of the claimant.
- Independent medical examination (IME)
- An in-person examination by a physician who is not the treating provider. It costs more and takes longer than any records review, and is generally reserved for claims where the clinical dispute is genuinely contested.
- Utilization review
- Evaluation of whether treatment is necessary and appropriate, typically looking forward at care being proposed or currently delivered. Distinct from bill review, which looks backward at what has already been charged.
- Explanation of review (EOR)
- The document returned to a provider setting out what was allowed, what was reduced, and the reason for each adjustment. It is the written record of the pricing decision.
The programme around it
The roles, systems, and measures a demand review has to fit into.
- Adjuster
- Also called a claim handler or claims examiner. The person responsible for investigating, evaluating, and resolving a claim. Demand review exists to give the adjuster a documented position to negotiate from rather than an estimate.
- Third-party administrator (TPA)
- A firm that administers claims on behalf of a carrier or a self-insured employer without carrying the underlying risk itself.
- Self-insured employer
- An employer that pays claims from its own funds rather than transferring the risk to a carrier. It carries the exposure directly, usually without the in-house clinical staff a large carrier would have.
- RMIS
- Risk management information system — the system of record where claims are stored and worked. Any review service has to deliver into it, because it is where the adjuster already is.
- Reserves
- The amount an insurer sets aside as its estimate of what a claim will ultimately cost. Reviewing a demand affects not only the settlement figure but the accuracy of the reserve set against it.
- Claim leakage
- The gap between what a claim was settled for and what it should have cost had every available control been applied correctly. Leakage is rarely one large error; it is usually many small ones, each individually too small to argue about.
- Loss adjustment expense (LAE)
- The cost of handling a claim, as distinct from the indemnity paid to resolve it. Review fees are LAE, which is why a review programme is judged on whether the severity it removes exceeds the expense it adds — and why pricing tied to the work rather than the savings makes that comparison simple to run.
These definitions are general. Liability claims are governed state by state, and several of the terms above — particularly around policy limits and time-limited demands — carry requirements that differ meaningfully between jurisdictions. Nothing here is legal advice.
For how these ideas fit together in an actual review, seereviewing a demand packageand the two-tier process.
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