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 a Medicare plan may restrict members to a network of providers as long as medically 
necessary covered care is accessible and available through this network. The rules say that the Plan must 
arrange for and cover any medically necessary covered benefit of the plan provider network, but at in-network 
cost sharing, when an in-network provider or benefit is unavailable or inadequate to meet a member's medical 
needs. You can find this rule at 42 CFR Section 422.112(a)(1)(iii). 
 
The rules say that contract suppliers are not required to furnish a specific brand name item or mode of delivery 
to a beneficiary unless prescribed by a physician or treating practitioner to avoid an adverse medical outcome. 
A physician or treating practitioner (that is a physician assistant, clinical nurse specialist, or nurse practitioner) 
may prescribe, in writing, a particular brand of a competitively bid item or mode of delivery for an item if he or 
she determines that the particular brand or mode of delivery is necessary to avoid an adverse medical outcome 
for the beneficiary. The physician or treating practitioner must document in the beneficiarys medical record 
the reason why the specific brand or mode of delivery is necessary to avoid an adverse medical outcome. This 
documentation should include the following: 
 
1. The product's brand name or mode of delivery 
2. The features that this product or mode of delivery has versus other brand name products or modes of 
delivery; and 
3. An explanation of how these features are necessary to avoid an adverse medical outcome. 
 
You can find this rule in the Centers for Medicare and Medicaid Services (CMS), Internet-Only Manual, 
Publication 100-04, Medicare Claims Processing Manual, Chapter 36, Section 30.4. 
 
The rules say that if a physician or treating practitioner prescribes a particular brand or mode of delivery to 
avoid an adverse medical outcome, the contract supplier must either:  
 
1. Furnish the particular brand or mode of delivery as prescribed by the physician or treating practitioner; 
2. Consult with the physician or treating practitioner to find another appropriate brand of item or mode of 
delivery for the beneficiary and obtain a revised written prescription from the physician or treating practitioner; or 
3. Assist the beneficiary in locating a contract supplier that can furnish the particular brand of item or mode of 
delivery prescribed by the physician or treating practitioner. 
 
You can find this rule in the Centers for Medicare and Medicaid Services (CMS), Internet-Only Manual, 
Publication 100-04, Medicare Claims Processing Manual, Chapter 36, Section 30.4. 
 
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 Plan 
contract says that, with limited exceptions, members of the Plan must use network providers to get medical care 
and services. The only exceptions are emergencies, urgently needed care when the network is not available 
(generally, when the enrollee is out of the area), out-of-area dialysis services, and cases in which the Plan 
authorizes the use of out-of-network providers. You can find this information on page 12 of the 2023 Evidence 
of Coverage.