How to Appeal an ER Visit Denied as "Non-Emergent" from Cigna

Your insurer billed your ER visit as "not an emergency" based on your final diagnosis? Federal law says that is not how it works.

Why emergency room visit claims get denied

• Retrospective review — the insurer judged the visit by the final diagnosis, not your symptoms
• "Non-emergent" classification after the fact
• Out-of-network emergency facility

The argument that wins

• Invoke the prudent layperson standard — a federal protection (ACA, plus state law). Coverage must be judged on the symptoms you had at the time, not the diagnosis you got afterward.
• If a reasonable person with your symptoms would have believed it was an emergency — chest pain, severe abdominal pain, difficulty breathing — the visit must be covered as an emergency, even if it turned out to be minor.
• For out-of-network emergency care, the No Surprises Act protects you from balance billing and requires in-network-level cost-sharing.

Evidence to gather

• The symptoms you experienced when you decided to go to the ER
• The ER triage and intake notes
• A short narrative of why a reasonable person would have sought emergency care

Appealing with Cigna

Cigna appeals are typically submitted through the myCigna portal or by mail to the address on your Explanation of Benefits. The standard internal appeal window is generally 180 days, with expedited review for urgent needs.

Whatever the channel, the argument is what wins — and that is the same regardless of insurer. Use the grounds above, attach the evidence, and file before your deadline.

Frequently asked questions