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 state that equipment which the enrollee 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. 
Irreparable wear refers to deterioration sustained from day-to-day usage over time and a specific event cannot 
be identified. Replacement of equipment due to irreparable wear takes into consideration the reasonable useful 
lifetime of the equipment. If the item of equipment has been in continuous use by the enrollee on either a rental 
or purchase basis for the equipments useful lifetime, the enrollee may elect to obtain a new piece of 
equipment. Replacement may be reimbursed when a new physician order and/or new CMN, when required, is 
needed to reaffirm the medical necessity of the item. 
The reasonable useful lifetime of durable medical equipment is determined through program instructions. In the 
absence of program instructions, A/B MACS (B) may determine the reasonable useful lifetime (RUL) 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 enrollee, 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 enrollee. These rules can be found in the Medicare Benefit Policy Manual Chapter 15, Section 
110.2 for Repairs, Maintenance, Replacement, and Delivery. 
 
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). 
 
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 DME supplies are limited to equipment and devices which do not duplicate the function of another piece of equipment or device covered by the Health Plan and are appropriate for use in the home. 
Coverage does not include items to be used outside of the home, such as oxygen, ramps, portable nebulizers, 
and other equipment. You can find this information in Chapter 4 on pages 69-70 of the Plan's 2023 Evidence of 
Coverage.