Denials & appeals

Part D Formulary Exceptions: How to Ask Your Plan to Cover a Drug

On this page
  1. What is a formulary?
  2. What kinds of exceptions can I ask for?
  3. What does my prescriber need to send?
  4. How do I ask for an exception?
  5. What if I need the drug right away?
  6. What is a transition fill?
  7. What if my plan changes its drug list?
  8. What if my plan says no?
  9. What should I say when I call my plan?
  10. How can I avoid this problem next year?
  11. Frequently asked questions
  12. Want help understanding a drug plan denial?

If your Medicare drug plan won't cover a drug you need, or charges a high tier price for it, you or your prescriber can ask the plan for an exception. Your prescriber must send a statement explaining the medical reason the exception should be approved. If the plan says no, you can appeal within 65 days of the denial notice, and you can ask for a fast decision if waiting could seriously harm your health.

What is a formulary?

A formulary is your plan's list of covered drugs. Medicare's guide to drug coverage says each plan can cover different drugs, so there's no single list for all plans. Plans can also:

  • Put drugs into different tiers, with different costs.
  • Use coverage rules like prior authorization, step therapy, and quantity limits.
  • Change the drug list during the year, if they follow Medicare's rules.

What kinds of exceptions can I ask for?

Medicare's guide describes these:

  • Formulary exception: asking the plan to cover a drug that isn't on its list. The guide says if you or your prescriber believe none of the drugs on the list will work for your condition, you can ask for an exception.
  • Tiering exception: if your drug is in a higher tier and your prescriber thinks you need it instead of a similar drug in a lower tier, you can ask for a lower copay or coinsurance.
  • Prior authorization exception: asking the plan to cover the drug even if you don't meet its prior authorization requirements.
  • Step therapy exception: asking to skip trying a less expensive drug first.
  • Quantity limit exception: asking for more than the plan's usual limit.

What does my prescriber need to send?

Medicare.gov says that if you ask for an exception, your prescriber must give a statement explaining the medical reason it should be approved.

The Centers for Medicare & Medicaid Services (CMS) says that once your plan gets your prescriber's supporting statement, it must give you its decision within 72 hours for a standard request or 24 hours for an expedited (fast) request. The clock starts when the plan gets the statement.

For prior authorization and step therapy exceptions, Medicare's guide says the statement should include the prescriber's belief that:

  • Because of your medical condition, the drug is medically necessary.
  • You would have negative health effects with a different drug, or a different drug would be less effective.

How do I ask for an exception?

Medicare.gov says you can:

  • Send a completed "Model Coverage Determination Request" form, or
  • Write your plan a letter.

You can also ask by phone. Medicare.gov says you have the right to a coverage determination either orally or in writing. Your prescriber can also ask for you.

Ask your plan for its own form if it has one. Keep a copy of everything you send.

What if I need the drug right away?

If waiting for a standard decision could seriously jeopardize your health, ask for a fast (expedited) decision. Your prescriber can tell the plan it's urgent.

What is a transition fill?

Medicare's guide says that when your drug coverage begins, you may get a transition fill: a one-time 30-day supply of a drug you've been taking that your new plan either doesn't cover or requires prior authorization or step therapy for. This gives you time to ask for an exception or switch drugs.

Have a bill you're not sure about? We'll check it with you.

Start with a free bill

What if my plan changes its drug list?

The guide says your plan must tell you about changes to its drug list that affect drugs you take. In some cases, it gives written notice and at least a month's supply under the old rules. You can ask for an exception at that point too.

What if my plan says no?

You can appeal. Medicare.gov says:

  • You, your representative, or your prescriber must ask for an appeal (called a redetermination) within 65 days from the date on the plan's denial notice.
  • The plan must decide within 7 days for a standard benefits appeal, 14 days for a payment appeal, and 72 hours for a fast appeal.
  • If you disagree with the plan's decision, you have 60 days to ask for a reconsideration by an independent reviewer.

Include any new information, like a stronger statement from your prescriber.

What should I say when I call my plan?

"I'm calling about my prescription for [drug]. It's [not on your drug list / on a high tier / blocked by a step therapy requirement]. My doctor will send a statement explaining why I need it. I'd like to ask for an exception. If it's urgent, I'd like a fast decision. Can you tell me where my doctor should send the statement, and give me a reference number?"

How can I avoid this problem next year?

Each fall, check your plan's drug list for the next year. Use Medicare's Plan Finder to compare plans that cover your drugs. A State Health Insurance Assistance Program (SHIP) counselor can help for free.

Frequently asked questions

Can I get a drug that's not on my plan's formulary?

You can ask for a formulary exception. Your prescriber must send a statement explaining the medical reason.

How long do I have to appeal a denied exception?

Medicare.gov says you must ask for an appeal within 65 days from the date on the denial notice.

Can I ask for a lower copay on a high-tier drug?

Yes. A tiering exception asks the plan to charge a lower tier's cost sharing for your drug.

What is a transition fill?

A one-time 30-day supply of a drug you've been taking that your new plan doesn't cover or restricts, giving you time to request an exception or switch.

Want help understanding a drug plan denial?

Bill Review Coach is a monthly medical bill review service for seniors and their families. Snap a photo of the denial letter or pharmacy receipt, and we'll explain your options and give you a script for calling your plan. You make the calls and write the emails; we help you know what to say.

General information, not legal advice. Check your own bill and notices.

Have a bill like this?

Send it to us. Your first bill is free, no card needed.

Start with a free bill