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 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 percutaneous vertebroplasty (PVP) and percutaneous vertebral augmentation (PVA or 
Kyphoplasty) procedures will be considered medically reasonable and necessary for the following indications: 
 
1. Painful, debilitating, osteoporotic vertebral collapse/compression fractures, defined as those that have not 
responded to non-surgical medical management with and without methods of immobility. 
 
Both percutaneous vertebroplasty (PVP) and percutaneous vertebral augmentation (PVA) will be considered 
reasonable and necessary when ALL of the following criteria are met: 
- Acute (less than 6 weeks) or subacute (6-12 weeks) osteoporotic vertebral compression fracture (VCF) (T1 
L5), based on symptom onset, and documented by advanced imaging demonstrating bone marrow edema on 
magnetic resonance imaging (MRI) or bone-scan/Single-Photon Emission Computerized Tomography 
(SPECT)/computed tomography (CT) uptake and 
   
- The beneficiary is symptomatic and is hospitalized with severe pain (Numeric Rating Scale [NRS] or Visual 
Analog Scale [VAS] pain score greater than or equal to 8) or is non-hospitalized with moderate to severe pain 
(NRS or VAS greater than or equal to 5) despite optimal non-surgical management (NSM) with one of the 
following: 
Worsening Pain or 
Stable to improved pain (but NRS or VAS greater than or equal to 5) when 2 or more of the following are 
present: 
- Progression of vertebral body height loss 
- greater than 25% vertebral body height reduction 
- Kyphotic deformity 
- Severe impact of VCF on daily functioning (Roland Morris Disability Questionnaire [RDQ] greater than 17) 
 
Continuum of care 
 
All patients presenting with vertebral compression fractures (VCF) should be referred for evaluation of bone 
mineral density and osteoporosis education for subsequent treatment as indicated and instructed to take part in 
an osteoporosis prevention/treatment program. 
 
2. Malignant Vertebral Fractures 
Osteolytic vertebral metastasis or myeloma with severe back pain related to a destruction of the vertebral body, 
not involving the major part of the cortical bone. 
 
Limitations 
 
Exclusion criteria 
Absolute contraindication 
- Current back pain is not primarily due to the identified acute or subacute VCF(s). 
- Osteomyelitis, discitis or active systemic infection 
- Pregnancy 
- Active surgical site infection 
 
Relative contraindication 
- Greater than three vertebral fractures per procedure 
- Allergy to bone cement or opacification agents 
- Uncorrected coagulopathy 
- Spinal instability 
- Myelopathy from the fracture 
- Neurologic deficit 
- Neural impingement 
- Fracture retropulsion/canal compromise 
 
You can find this information in the Local Coverage Determination (LCD): Percutaneous Vertebral 
Augmentation (PVA) for Vertebral Compression Fracture (VCF) (L35130). 
 
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.