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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 medically necessary services are those that are reasonable and necessary for the diagnosis or 
treatment of an illness or injury. Medically necessary services include services to improve the functioning of a 
malformed body member. You can find this rule in the Social Security Act, Section 1862(a)(1)(A). 
 
The rules say that services that are not medically necessary are not covered. The rules also say that 
experimental and investigational devices are not covered. You can find this rule at 42 CFR Sections 411.15 and 
411.15(o). 
 
The rules say that epidural steroid injection (ESI) will be considered medically reasonable and necessary when 
the following three (3) requirements are met: 
 History, physical examination, and concordant radiological image-based diagnostic testing supporting 
one of the following
5
: 
 Lumbar, cervical or thoracic radiculopathy, radicular pain and/or neurogenic 
claudication due to disc herniation, osteophyte or osteophyte complexes, severe 
degenerative disc disease, producing foraminal or central spinal stenosis; OR 
 Post-laminectomy syndrome; OR 
 Acute herpes zoster associated pain 
 Radiculopathy, radicular pain and/or neurogenic claudication is severe enough to greatly impact quality 
of life or function. An objective pain scale or functional assessment must be performed at baseline 
(prior to interventions). The same scale must be repeated at each follow-up for assessment of response. 
 Pain duration of at least four (4) weeks, and the inability to tolerate noninvasive conservative care or 
medical documentation of failure to respond to four (4) weeks of noninvasive conservative care or 
acute herpes zoster refractory to conservative management where a four (4) week wait is not required. 
2. The ESIs must be performed under CT or fluoroscopy image guidance with contrast
 
unless the patient has a 
documented contrast allergy or pregnancy where ultrasound guidance without contrast may be considered. 3. Transforaminal epidural steroid injections (TFESIs) involving a maximum of two (2) levels in one spinal 
region are considered medically reasonable and necessary. It is important to recognize that most conditions 
would not ordinarily require ESI at two (2) levels in one spinal region.  
4. Caudal epidural steroid injections (CESIs) and interlaminar epidural steroid injections (ILESIs) involving a 
maximum of one level are considered medically reasonable and necessary.  
5. It is medically reasonable and necessary to perform TFESIs bilaterally only when clinically indicated. 
6. Repeat ESI when the first injection directly and significantly provided improvement of the condition being 
treated may be considered medically reasonable and necessary when the medical record documents at least 
50% of sustained improvement in pain relief and/or improvement in function measured from baseline using the 
same scale* for at least three months. If a patient fails to respond well to the initial ESI, a repeat ESI after 14 
days can be performed, using a different approach, level and/or medication if appropriate, with the rationale 
and medical necessity for the second ESI documented in the medical record. 
7. An initial injection of contrast is required to confirm epidural placement, unless the patient has a 
contraindication to contrast. The subsequent epidural steroid injections should include corticosteroids and may 
be combined with anesthetics or saline. 
8. The ESIs should be performed in conjunction with conservative treatments. 
9. Patients should be part of an active rehabilitation program, home exercise program or functional restoration 
program. 
You can find these rules in Local Coverage Determination (LCD) Epidural Steroid Injections for Pain 
Management L39036. 
 
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.