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 items and services furnished outside the United States are excluded from coverage except for 
the following services, and certain services rendered on board a ship: 
- Emergency inpatient hospital services where the emergency occurred: 
           ~ While the beneficiary was physically present in the United States; or 
           ~ In Canada while the beneficiary was traveling without reasonable delay and by the most direct 
route between Alaska and another State. 
- Emergency or nonemergency inpatient hospital services furnished by a hospital located outside the 
United States, if the hospital was closer to, or substantially more accessible from, the beneficiary's United 
States residence than the nearest participating United States hospital which was adequately equipped to deal 
with and available to provide treatment of the illness or injury; 
- Physician and ambulance services furnished in connection with a covered foreign hospitalization. 
Program payment may not be made for any other Part B medical and other health services, including outpatient 
services furnished outside the United States; 
- Services rendered on board a ship in a United States port, or within 6 hours of when the ship arrived at, 
or departed from, a United States port, are considered to have been furnished in United States territorial waters. 
Services not furnished in a United States port, or within 6 hours of when the ship arrived at, or departed from, a 
United States port, are considered to have been furnished outside United States territorial waters, even if the 
ship is of United States registry; and 
 
The term "United States" means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the 
Virgin Islands, Guam, the Northern Mariana Islands, American Samoa and, for purposes of services rendered 
on a ship, includes the territorial waters adjoining the land areas of the United States. You can find these rules 
in Medicare Benefit Policy Manual Chapter 16, Section 60. 
 
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 contract 
says the Plan covers worldwide emergency and urgent care services outside of the United States under the 
following circumstances: emergency services, including emergency or urgently needed care and emergency 
ambulance transportation from the scene of an emergency to the nearest medical treatment facility. 
Transportation back to the United States from another country is not covered. Pre-scheduled, pre-planned 
treatments (including chronic dialysis) for any ongoing chronic conditions and/or elective procedures are not 
covered. Any follow-up care including after-care, rehabilitation, physician visits, and skilled nursing facility 
stay are not considered emergent or urgently needed care and are not covered. You can find this information on 
page 54 of the Plan's 2022 Evidence of Coverage.