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 items and services furnished outside the United States are excluded from coverage except for 
the following services, and certain services rendered on board a ship: 
- Emergency inpatient hospital services where the emergency occurred: 
~ While the beneficiary was physically present in the United States; or 
~ In Canada while the beneficiary was traveling without reasonable delay and by the most direct 
route between Alaska and another State. 
- Emergency or nonemergency inpatient hospital services furnished by a hospital located outside the 
United States, if the hospital was closer to, or substantially more accessible from, the beneficiary's 
United States residence than the nearest participating United States hospital which was adequately 
equipped to deal with and available to provide treatment of the illness or injury; 
- Physician and ambulance services furnished in connection with a covered foreign hospitalization. 
Program payment may not be made for any other Part B medical and other health services, including 
outpatient services furnished outside the United States; 
- Services rendered on board a ship in a United States port, or within 6 hours of when the ship arrived at, 
or departed from, a United States port, are considered to have been furnished in United States territorial 
waters. Services not furnished in a United States port, or within 6 hours of when the ship arrived at, or 
departed from, a United States port, are considered to have been furnished outside United States 
territorial waters, even if the ship is of United States registry; and 
 
The term "United States" means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the 
Virgin Islands, Guam, the Northern Mariana Islands, American Samoa and, for purposes of services rendered 
on a ship, includes the territorial waters adjoining the land areas of the United States. You can find these rules 
in Medicare Benefit Policy Manual Chapter 16, Section 60. 
 
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 the Plan covers worldwide emergency and urgent care services outside of the United States 
under the following circumstances. If you have an emergency or an urgent need for care outside of the United States and its territories, you will be responsible for paying for those services up front and requesting 
appropriate reimbursement from the Plan. The Plan will reimburse you for covered out-of-network emergency 
and urgent care services outside of the United States and its territories at rates no greater than the rates at which 
Original Medicare would pay for such services had the services been performed in the United States in the 
locality where you reside. The amount the Plan pays you, if any, will be reduced by any applicable cost-
sharing. Because the Plan will reimburse you at rates no greater than the rates at which Original Medicare 
would reimburse, and because foreign providers might charge more for services, the total of the reimbursement 
plus the applicable cost-sharing may be less than the amounts you pay to the foreign provider. You must submit 
proof of payment to the Plan for reimbursement. You can find this information in Chapter 3 on pages 47 to 48 
of the Plans 2022 Evidence of Coverage.