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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 coverage of NMES to treat muscle atrophy is limited to the treatment of disuse atrophy where nerve supply to the muscle is intact, including brain, spinal cord and peripheral nerves, and other non-neurological reasons for disuse atrophy. Some examples would be casting or splinting of a limb, contracture due to scarring of soft tissue as in burn lesions, and hip replacement surgery (until orthotic training begins). (See 160.13 of the NCD Manual for an explanation of coverage of medically necessary supplies for the effective use of NMES.) Use for Walking in Patients with Spinal Cord Injury (SCI) The type of NMES that is use to enhance the ability to walk of SCI patients is commonly referred to as functional electrical stimulation (FES). These devices are surface units that use electrical impulses to activate paralyzed or weak muscles in precise sequence. Coverage for the use of NMES/FES is limited to SCI patients for walking, who have completed a training program which consists of at least 32 physical therapy sessions with the device over a period of three months. The trial period of physical therapy will enable the physician treating the patient for his or her spinal cord injury to properly evaluate the person's ability to use these devices frequently and for the long term. Physical therapy necessary to perform this training must be directly performed by the physical therapist as part of a one-on-one training program. The goal of physical therapy must be to train SCI patients on the use of NMES/FES devices to achieve walking, not to reverse or retard muscle atrophy. Coverage for NMES/FES for walking will be covered in SCI patients with all of the following characteristics: 1. Persons with intact lower motor units (L1 and below) (both muscle and peripheral nerve); 2. Persons with muscle and joint stability for weight bearing at upper and lower extremities that can demonstrate balance and control to maintain an upright support posture independently; 3. Persons that demonstrate brisk muscle contraction to NMES and have sensory perception electrical stimulation sufficient for muscle contraction; 4. Persons that possess high motivation, commitment and cognitive ability to use such devices for walking; 5. Persons that can transfer independently and can demonstrate independent standing tolerance for at least 3 minutes; 6. Persons that can demonstrate hand and finger function to manipulate controls; 7. Persons with at least 6-month post recovery spinal cord injury and restorative surgery; 8. Persons without hip and knee degenerative disease and no history of long bone fracture secondary to osteoporosis; and 9. Persons who have demonstrated a willingness to use the device long-term. NMES/FES for walking will not be covered in SCI patient with any of the following: 1. Persons with cardiac pacemakers; 2. Severe scoliosis or severe osteoporosis; 3. Skin disease or cancer at area of stimulation; 4. Irreversible contracture; or 5. Autonomic dysflexia. You can find this information in Medicare's National Coverage Determination (NCD) for Neuromuscular
Electrical Stimulation (NMES) (160.12). The rules say that Transcutaneous Electrical Nerve Stimulation (TENS) and/or Neuromuscular Electrical Stimulation (NMES) can ordinarily be delivered to patients through the use of conventional electrodes, adhesive tapes and lead wires. There may be times, however, where it might be medically necessary for certain patients receiving TENS or NMES treatment to use, as an alternative to conventional electrodes, adhesive tapes and lead wires, a form-fitting conductive garment (i.e., a garment with conductive fibers which are separated from the patients' skin by layers of fabric). A form-fitting conductive garment (and medically necessary related supplies) may be covered under the program only when: 1. It has received permission or approval for marketing by the Food and Drug Administration; 2. It has been prescribed by a physician for use in delivering covered TENS or NMES treatment; and 3. One of the medical indications outlined below is met: The patient cannot manage without the conductive garment because there is such a large area or so many sites to be stimulated and the stimulation would have to be delivered so frequently that it is not feasible to use conventional electrodes, adhesive tapes and lead wires; The patient cannot manage without the conductive garment for the treatment of chronic intractable pain because the areas or sites to be stimulated are inaccessible with the use of conventional electrodes, adhesive tapes and lead wires; The patient has a documented medical condition such as skin problems that preclude the application of conventional electrodes, adhesive tapes and lead wires; The patient requires electrical stimulation beneath a cast either to treat disuse atrophy, where the nerve supply to the muscle is intact, or to treat chronic intractable pain; or The patient has a medical need for rehabilitation strengthening (pursuant to a written plan of rehabilitation) following an injury where the nerve supply to the muscle is intact. A conductive garment is not covered for use with a TENS device during the trial period specified in 160.3 unless: 4. The patient has a documented skin problem prior to the start of the trial period; and 5. The B/Medicare Administrative Contractor's medical consultants are satisfied that use of such an item is medically necessary for the patient. You can find this information in Medicare's National Coverage Determination (NCD) for Supplies Used in the Delivery of Transcutaneous Electrical Nerve Stimulation (TENS) and Neuromuscular Electrical Stimulation (NMES) (160.13).
If you want to read these Medicare rules, you can go to this website www.medicareappeal.com.