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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 will pay for durable medical equipment (DME) that is reasonable and necessary for 
treatment of an illness or injury, or to improve the functioning of a malformed body part. Medicare considers 
equipment to be reasonable and necessary if the equipment does not serve the same purpose as other equipment 
already available to an enrollee. You can find these rules in the Centers for Medicare and Medicaid Services, 
Internet Only Manual, Publication 100-02, Medicare Benefit Policy Manual, Chapter 15, Section 110.1(C). 
 
The rules state that a POV is covered if all of all of the following are met. 
 
    The beneficiary is able to: 
        Safely transfer to and from a POV, and 
        Operate the tiller steering system, and 
        Maintain postural stability and position while operating the POV in the home. 
    The beneficiarys mental capabilities (e.g., cognition, judgment) and physical capabilities (e.g., vision) are 
sufficient for safe mobility using a POV in the home. 
 
    The beneficiarys home provides adequate access between rooms, maneuvering space, and surfaces for the 
operation of the POV that is provided. 
 
    The beneficiarys weight is less than or equal to the weight capacity of the POV that is provided and greater 
than or equal to 95% of the weight capacity of the next lower weight class POV  i.e., a Heavy Duty POV is 
covered for a beneficiary weighing 285  450 pounds; a Very Heavy Duty POV is covered for a beneficiary 
weighing 428  600 pounds. 
 
    Use of a POV will significantly improve the beneficiarys ability to participate in MRADLs and the 
beneficiary will use it in the home. 
 
    The beneficiary has not expressed an unwillingness to use a POV in the home. 
 
If a POV will be used inside the home and coverage criteria A-I are not met, it will be denied as not reasonable 
and necessary. You can find this information in the Local Coverage Determination Power Mobility Device 
(L33789). 
 
Equipment which the beneficiary owns or is a capped rental item may be replaced in cases of loss or irreparable damage. Irreparable damage refers to a specific accident or to a natural disaster (e.g., fire, flood). A physicians 
order and/or new Certificate of Medical Necessity (CMN), when required, is needed to reaffirm the medical 
necessity of the item. In the absence of program instructions, A/B MACS (B) may determine the reasonable 
useful lifetime of equipment, but in no case can it be less than 5 years. Computation of the useful lifetime is 
based on when the equipment is delivered to the beneficiary, not the age of the equipment. Replacement due to 
wear is not covered during the reasonable useful lifetime of the equipment. During the reasonable useful 
lifetime, Medicare does cover repair up to the cost of replacement (but not actual replacement) for medically 
necessary equipment owned by the beneficiary. You can find this information in Centers for Medicare and 
Medicaid Services (CMS), Internet-Only Manual, Publication 100-02, Medicare Benefit Policy Manual, 
Chapter 15, section 110.2 
 
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.