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 is the secondary payer to certain primary plans. When Medicare is the secondary payer, the provider or enrollee must first submit the claim to the primary payer. If the primary payer does not pay in full for the services, Medicare secondary benefits may be paid. The enrollee must file a claim with the primary payer or cooperate fully with the provider so that the provider can file the necessary claim. You can find these rules in the Centers for Medicare and Medicaid Services, Internet Only Manual, Medicare Secondary Payer Manual, Chapter 1, Sections 10 and 30. The rules say that plans must identify payers that are primary to Medicare, identify the amounts payable by the primary payer, and coordinate benefits to Medicare enrollees with the benefits of the primary payer. You can find this rule at 42 CFR Section 422.108.The rules say that Medicare will not pay for dental services. Dental services are items and services involving the care, treatment, filling, removal or replacementof teeth or structures directly supporting the teeth. Medicare defines "structures directly supporting the teeth" as the periodontium, which includes the gingivae, dentogingival junction, periodontal membrane, cementum of the teeth, and alveolar process. You can find this rule in the Social Security Act, Section 1862(a)(12) and in the Centers for Medicare and Medicaid Services, Internet Only Manual, Medicare Benefit Policy Manual, Chapter 15, Section 150.The rules say that a contract plan provider is an agent of the plan. Services and referrals obtained from a plan provider are viewed as plan-approved unless notice is given that the services will not be covered. When a plan provider gives, or refers an enrollee for, a service that the enrollee reasonably believes is covered by the plan, the enrollee is held harmless and need not pay more than the plan-allowed cost-sharing for that service. 
If a service is never covered by the plan and the plan's Evidence of Coverage (EOC) is clear that the service or item is never covered, the plan does not have to hold the enrollee harmless. For a service or item that is normally not covered, but could be covered under some conditions, the EOC alone is not adequate notice of non-coverage. If no notice of non-coverage is given, the enrollee is held harmless. You can find this rule in the Centers for Medicare and Medicaid Services, Internet Only Manual, Medicare Managed Care Manual, Chapter 4, Section 160.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. The contract says that the Plan covers certain dental services as a supplemental (extra) benefit. Unspecified preventive procedure is not a covered benefit. This benefit includes a $200 allowance for fillings and simple tooth extractions every year.You can find this information on page 76 of the Plan's 2020 Evidence of Coverage (EOC).