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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 state 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 following5: 
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 stenosis5; OR 
Post-laminectomy syndrome6-8; OR 
Acute herpes zoster associated pain6 
AND 
 
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.  
AND 
 
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.9 
2. The ESIs must be performed under CT or fluoroscopy image guidance with contrast,10 unless the patient has 
a documented allergy to low molecular weight nonionic contrast. If the patient has such an allergy, ultrasound 
guidance without contrast may be considered. If the patient is pregnant, ultrasound guidance without contrast 
may also 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.11 
 4. Caudal epidural steroid injections (CESIs) and interlaminar epidural steroid injections (ILESIs) involving a 
maximum of one level are considered medically reasonable and necessary.11 
 
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 
SAME scale* for at least three months.7,8 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.1 
 
8. The ESIs should be performed in conjunction with conservative treatments.9 
 
9. Patients should be part of an active rehabilitation program, home exercise program or functional restoration 
program. 
 
You can find this information in the Local Coverage Determination (LCD) Epidural Steroid Injections for Pain 
Management L39240. 
 
If you want to read these Medicare rules, you can go to this website www.medicareappeal.com.