Appeal type: unknown
Decision: unknown

The rules say that plans must pay for a medical service or item if regular Medicare would pay for it in this case. You can find this rule at 42 Code of Federal Regulations (CFR) Section 422.101.
The rules say that Medicare may cover the use of an FDA-approved drug or biological if it is safe and effective and otherwise reasonable and necessary for the patient. Food and Drug Administration (FDA) approved drugs used for indications other than what is indicated on the official label may be covered if the use is determined to be medically accepted, taking into consideration the major drug compendia, authoritative medical literature and/or accepted standards of medical practice. You can find this rule in the Centers for Medicare and Medicaid Services, Internet Only Manual, Publication 100-02, Medicare Benefit Policy Manual, Chapter 15, Sections 50.4.1 and 50.4.2.
The rules say that Botulinum toxins (Botox, Dysport, Xeomin and Myobloc), will be considered medically reasonable and necessary when administered for treatment of FDA-labeled indications and Off-label indications (as applicable) below:
1. FDA3 indications for onabotulinumtoxinA (Botox) as noted on the FDA website: https://www.accessdata.fda.gov/scripts/cder/daf/index.cfm?event=overview.process&ApplNo=103000
2. Off-Label indications for onabotulinumtoxinA (Botox) may be considered medically reasonable and necessary in patients for the following conditions:
&#8722; Esophageal achalasia in adults who are considered poor surgical candidates4
&#8722; Chronic anal fissure for patients with inadequate response to conservative or pharmacologic treatment5
&#8722; Essential hand tremor for patients with a high amplitude tremor that disrupts activities of daily living and have had inadequate response to oral pharmacotherapy such as propranolol and primidone6
&#8722; Focal limb dystonia6
&#8722; Hemifacial spasm in adults (cranial nerve VII disorder)6
&#8722; Isolated oromandibular dystonia in adults7
&#8722; Laryngeal dystonia (spastic dysphonia) for adductor type (ADSD)6
&#8722; Bothersome simple motor tics in adolescents and adults when the benefits of treatment outweigh the risks8
&#8722; Severely disabling or aggressive vocal tics in older adolescents and adults when the benefits of treatment outweigh the risks8
3. FDA9 indications for abobotulinumtoxinA (Dysport) as noted on the FDA website: https://www.accessdata.fda.gov/scripts/cder/daf/index.cfm?event=overview.process&ApplNo=125274
4. Off-label indications for abobotulinumtoxinA (Dysport?) may be considered medically reasonable and necessary in patients for the following conditions:
&#8722; Blepharospasm in adults6,7
&#8722; Hemifacial spasm in adults (cranial nerve VII disorder)6
&#8722; Isolated oromandibular dystonia in adults7
5. FDA10 indications for incobotulinumtoxinA (Xeomin) as noted on the FDA website: https://www.accessdata.fda.gov/scripts/cder/daf/index.cfm?event=overview.process&ApplNo=125360
6. FDA11 indications for rimabotulinumtoxinB (Myobloc) as noted on the FDA website: https://www.accessdata.fda.gov/scripts/cder/daf/index.cfm?event=overview.process&ApplNo=103846
You can find this rule in the Local Coverage Determination for Botulinum Toxins, L38809 (eff 3/21/21).
If you want to read these Medicare rules, you can go to this website www.medicareappeal.com.
The Plan contract says that the Plan covers items and services in accordance with Medicare rules.