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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 this Medicare Contractor will cover molecular syndromic infectious disease pathogen 
identification panel tests when ALL of the following criteria are met: 
 
    The patient has a clinical indication for infectious disease testing: 
        For immunocompetent patients, the clinical indication includes a presumption of active infection OR 
infection-associated complications (which may include exacerbation of underlying disease) that require the 
identification of a causative organism for appropriate management. Atypical clinical presentations of disease 
are considered appropriate indications for special populations who may not present with classic symptoms of 
infection (i.e., the elderly). 
        For immunocompromised patients (i.e., those with weakened immune systems including those with 
human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS), patients who are 
taking immunosuppressive medications (i.e., chemotherapy, biologics, transplant-related immunosuppressive 
drugs, high-dose systemic corticosteroids) and those with inherited diseases that affect the immune system (i.e., 
congenital immunoglobulin deficiencies), atypical clinical presentations of disease are considered appropriate 
indications for testing. In this patient population, testing may be performed ONCE as part of a pre-transplant 
evaluation, regardless of the presence of symptoms. 
        Note: For certain panels, such as the Urogenital/Anogenital Panel, epidemiologic indication or potential 
exposure to pathogens as a result of a high-risk experience is considered a covered clinical indication, even in 
the absence of clinical symptoms. These are specifically noted below in LIMITED COVERAGE FOR 
EXPANDED (>5 Pathogens) PANEL TESTING. 
    The results of testing will impact clinical management in a manner already demonstrated in the peer-
reviewed published literature to improve patient outcomes. 
    Testing is performed according to the intended use of the test in the intended patient population for which 
the test was developed and validated. 
        This includes performing the test using the intended sample types along with parallel testing that must 
accompany the test (i.e., the meningoencephalitis and bloodstream pathogen tests include requirements for 
parallel testing using conventional Gram stain and culture-based detection for correlation of results). 
        This also includes the provision - by the laboratory to ordering providers - of the major limitations of a 
given panel test.     An evaluation for more than 1 pathogen by molecular testing is necessary for patient management (testing 
for a single pathogen is NOT reasonable and necessary for the specific infection, patient, or indication). The 
panel performed includes at least the minimum pathogens required for clinical decision making for its intended 
use that can be reasonably detected by the test. 
    Expanded panel testing is only indicated when targeted panel testing is not appropriate (i.e., will not provide 
sufficient information for the appropriate clinical management of the patient).  
    Services that do not have Food and Drug Administration (FDA)-cleared/approved indicated uses, as well as 
FDA-approved tests performed in ways not consistent with their intended-use labeling directions, will require 
registration with Molecular Diagnostic Services Program (MolDX) and a Technical Assessment (TA) to 
demonstrate compliance of the service with this policy. Similarly, tests (and CPT codes) for which there are no 
accompanying ICD-10 codes in the associated Billing and Coding Article will require registration with 
MolDX and a TA to demonstrate compliance of the service with this policy. 
    Registered tests must demonstrate equivalent or superior test performance characteristics - analytical validity 
(AV) and clinical validity (CV) - to established standard-of-care (SOC) methods (i.e., culture, pathogen-
specific polymerase chain reaction [PCR]) for the majority of targets included on the panel. 
        CV of any new organisms and analytes that are not already established as SOC or that do not have a 
predicate test that is covered by this contractor must be established through a study published in the peer-
reviewed literature for the intended use of the test in the intended population. 
    Documentation of the following is clearly stated in the medical record: 
        Specific clinical indications for testing (i.e., clinical suspicion of a pathogen as the cause of the patients 
condition) 
        Specific reasons for performing panel testing 
        Provider type/specialty and Place of Service 
    Testing must be performed according to Clinical Laboratory Improvement Amendments (CLIA) and/or FDA 
regulations. For example, CLIA-non-waived tests may only be performed in certified laboratories and 
according to CLIA regulations. CLIA-waived tests may be performed in healthcare settings that operate under 
a CLIA Certificate of Waiver or Certificate of Compliance/Certificate of Accreditation. Panels intended for 
home use (including those that have been FDA approved or cleared) do NOT meet the coverage criteria of this 
policy. 
 
Non-Coverage Criteria 
Molecular Syndromic Panel Tests will NOT be covered in the following circumstances: 
 
        If the test is performed as a test of cure. 
        If the patient has been previously tested by molecular diagnostic methods for the same pathogens within 
14 days for the same clinical indication. 
            If a previous panel test was performed with a similar/duplicative intended use, a subsequent test is only 
reasonable and necessary if the non-duplicative content of the second test is reasonable and necessary. 
            Exception: Repeat panel testing for the same clinical indication will only be covered if first panel 
yielded a negative result AND there is a high index of suspicion for a pathogen as the cause of symptoms AND 
the patients clinical condition is not improving or is deteriorating after a clinically appropriate length of time. 
In such cases, 1 additional panel test may be covered between 1 and 14 days after the initial panel test, so long 
as the test fulfills the criteria for coverage as set forth in this policy. 
 
Respiratory (RP) and Pneumonia (PNP) Panels will only be covered when targeted testing is not appropriate 
AND according to the following additional criteria: 
    For immune-competent patients, at least 1 of the following must apply: 
        Testing is ordered by a clinician specialist in Infectious Diseases or Pulmonology for a patient with severe 
and established underlying respiratory pathology (i.e., severe asthma, chronic obstructive pulmonary disease 
(COPD), cystic fibrosis, pulmonary fibrosis, radiation therapy to the lung) AND treatment with antibiotics may 
be indicated according to established guidelines. Specific examples that do NOT meet coverage criteria 
according to established guidelines include the following:             Asthma exacerbations without the additional presence of either fever and purulent sputum or 
radiographic evidence of pneumonia 
            Uncomplicated community acquired pneumonia (CAP) 
        The patient is seriously or critically ill or at imminent risk of becoming seriously or critically ill (as 
defined by the American Hospital Associations General Guide for the Release of Information on the 
Condition of Patients) as a result of a presumed respiratory infection AND the patient is being treated in an 
appropriate critical care facility. 
    For ALL patients: Only 1 of the following panels - RP OR PNP- will be covered for a given patient for the 
same clinical indication. The PNP should be prioritized in the evaluation of pneumonia from lower respiratory 
tract specimens (i.e., bronchoalveolar lavage samples [BALs]). For the purposes of repeat panel testing for the 
same clinical indication, RP and PNP will be considered as equivalent tests, such that if criteria for repeat 
testing are met (as defined above), a clinician may choose to perform the repeat test using the PNP, even if the 
original test was performed using the RP. 
    For ALL patients, exceptions to the limitation on medical specialists who can order expanded panel tests are 
provided in the accompanying Billing and Coding Article, such that patient geography and access to care do 
not preclude the receipt of appropriate diagnostic testing when indicated. 
 
You can find these rules in the Local Coverage Determination (LCD) MolDX: Molecular Syndromic Panels for 
Infectious Disease Pathogen Identification Testing L39044. 
 
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.