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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 state that a spinal orthosis (L0450 - L0651) is covered when it is ordered for one of the following
indications:
1. To reduce pain by restricting mobility of the trunk; or
2. To facilitate healing following an injury to the spine or related soft tissues; or
3. To facilitate healing following a surgical procedure on the spine or related soft tissue; or
4. To otherwise support weak spinal muscles and/or a deformed spine.
If a spinal orthosis is provided and the coverage criteria are not met, the item will be denied as not medically
necessary.
You can find this rule at Local Coverage Determination (LCD): Spinal Orthoses: TLSO and LSO (L33790).
The rules say that a knee immobilizer without joints (L1830), or a knee orthosis with adjustable knee joints
(L1832, L1833), or a knee orthosis, with an adjustable flexion and extension joint that provides both mediallateral
and rotation control (L1843, L1845, L1851, L1852), are covered if the beneficiary has had recent injury
to or a surgical procedure on the knee(s).
The rules also say that knee orthoses L1832, L1833, L1843, L1845, L1851 and L1852 are also covered for a
beneficiary who is ambulatory and has knee instability due to a condition specified in the ICD-10 Codes that
Support Medical Necessity Group 4 Codes section. Knee instability must be documented by examination of the
beneficiary and objective description of joint laxity (e.g., varus/valgus instability, anterior/posterior Drawer
test). Claims will be denied as not reasonable and necessary when the beneficiary does not meet the above
criteria for coverage.
You can find this rule at Local Coverage Determination (LCD): Knee Orthoses (L33318).
CMS has not issued specific coverage criteria in the form of an LCD (Local Coverage Determination) or NCD
(National Coverage Determination) for this particular item or service. However, per Social Security Act,
Section 1862 (a)1(A) and the 42 CFR 411.15(k), Medicare does not pay for any items or services that are not
reasonable and necessary for the diagnosis or treatment of illness or injury or to improve the functioning of a
malformed body member. The determination of medical necessity must be tailored to the individual patient and
their unique clinical scenario. CMS considers services to be medically reasonable and necessary if they are:
- Safe and effective;
- Not mainly for the convenience of the patient or the physician;
- Not experimental or investigational; and
- Appropriate, including the duration and frequency that is considered appropriate for the service, in terms of
whether it is:
- Furnished in accordance with accepted standards of medical practice for the diagnosis or treatment of the
patient's condition or to improve the function of a malformed body member;
- Furnished in a setting appropriate to the patient's medical needs and condition;
- Ordered and furnished by qualified personnel;
- One that meets, but does not exceed, the patient's medical need; and
- At least as beneficial as an existing and available medically appropriate alternative.
You can find this rule in the Medicare Program Integrity Manual, Chapter 13, Section 13.5.1.
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.