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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 3 requirements are met: 
History, physical examination, and concordant radiological image-based diagnostic testing and supporting 1 of 
the following5: 
Lumbar, cervical or thoracic radiculopathy, radicular pain and/or neurogenic claudication due to central disc 
herniation, osteophyte or osteophyte complexes, severe degenerative disc disease, producing foraminal or 
central spinal stenosis5; OR 
Post-laminectomy syndrome6-8 
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 4 weeks, and the inability to tolerate noninvasive conservative care or medical 
documentation of failure to respond to 4 weeks of noninvasive conservative care or acute herpes zoster 
refractory to conservative management where a 4-week wait is not required.9 
The ESIs must be performed under computed tomography (CT) or fluoroscopy image guidance with 
contrast,10 unless the patient has a documented contrast allergy or pregnancy where ultrasound guidance 
without contrast may be considered. 
TFESIs involving a maximum of 2 levels in 1 spinal region are considered medically reasonable and necessary. 
It is important to recognize that most conditions would not ordinarily require ESI at 2 levels in 1 spinal 
region.11 
CESIs and ILESIs involving a maximum of 1 level are considered medically reasonable and necessary.11 
It is medically reasonable and necessary to perform TFESIs bilaterally only when clinically indicated. 
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 3 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. 
An initial injection of contrast is required to confirm epidural placement, unless the patient has a 
contraindication to contrast. The subsequent ESIs should include corticosteroids and may be combined with 
anesthetics or saline.1 
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 this information in the Local Coverage Determination (LCD) Epidural Steroid Injections for Pain 
Management L38994. 
 
If you want to read these Medicare rules, you can go to this website www.medicareappeal.com.