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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 Percutaneous vertebroplasty (PVP) is a therapeutic, interventional neurosurgical and 
radiological procedure that consists of the percutaneous injection of a biomaterial, methyl methacrylate, into a 
lesion of a thoracic or lumbar vertebral body. The procedure is utilized for pain relief and bone strengthening of 
weakened vertebral bodies. The procedure is performed under fluoroscopic guidance, although some prefer the 
use of computed tomography (CT) with fluoroscopy for needle positioning and injection assessment. An 
intraosseous venogram is sometimes performed before cement injection to determine whether the needle is 
positioned within a direct venous anastomosis to the central or epidural veins, to minimize extravasation into 
venous structures. Conscious sedation with additional local anesthesia (1% lidocaine) is generally utilized; 
however, patients who experience difficulties with ventilation or are unable to tolerate prone position during 
the procedure may require general anesthesia or deep sedation with airway and ventilation support. The methyl 
methacrylate is injected into the vertebral body until resistance is met or until cement reaches the posterior 
wall. 
 
Painful, debilitating, osteoporotic vertebral collapse/compression fractures, that have not responded to non-
surgical management (e.g. narcotic and/or non-narcotic medication, physical therapy modalities) with or 
without methods of immobility (e.g. bed rest, bracing). 
 
Both PVP and PVA will be considered reasonable and necessary for osteoporotic conditions when ALL of the 
following criteria are met: 
 
    Acute (< 6 weeks) or subacute (6-12 weeks) osteoporotic VCF (T5 L5) based on symptom onset, and 
documented by recent (within 30 days) advanced imaging (bone marrow edema on MRI or bone-
scan/SPECT/CT uptake) (1-3, 10,25,27) and 
    The beneficiary is symptomatic and is hospitalized with severe pain (Numeric Rating Scale [NRS] or visual 
Analog Scale [VAS] pain score = 8) (4-7) or is non-hospitalized with moderate to severe pain (NRS or VAS = 
5) despite optimal non-surgical management (NSM) (8) with one of the following: 
 
        Worsening pain or 
        Stable to improved pain (but NRS or VAS = 5) when 2 or more of the following are present: 
            Progression of vertebral body height loss 
            >25% vertebral body height reduction 
            Kyphotic deformity 
            Severe impact of VCF on daily functioning (Roland Morris Disability Questionnaire (RDQ) > 17) 
            Steroid-induced fractures 
            Reinforcement or stabilization of vertebral body prior to surgery 
    Continuum of Care 
    All patients presenting with vertebral compression fractures (VCF) should be referred for evaluation of bone 
mineral density and osteoporosis education for subsequent treatment as indicated and instructed to take part in 
an osteoporosis prevention/treatment program. (8) 
 
Exclusion criteria for any patient considered for percutaneous vertebroplasty or vertebral augmentation (2,5,8-
10) (Can have NONE of the following): 
 
    1. Absolute contraindication 
        Current back pain is not primarily due to the identified acute VCF(s). 
        Osteomyelitis, discitis or active systemic infection 
    3. Relative contraindication 
        Greater than three vertebral fractures per procedure 
        Allergy to bone cement or opacification agents 
        Uncorrected coagulopathy 
        Spinal instability 
        Myelopathy from the fracture 
        Neurologic deficit 
        Neural impingement 
        Fracture retropulsion/canal compromise 
        Pregnancy 
 
You can find this information in Medicare's Local Coverage Determination (LCD): Percutaneous Vertebral 
Augmentation (PVA) for Vertebral Compression Fracture (VCF) (L38213). 
 
If you want to read these Medicare rules, you can go to this website www.medicareappeal.com.