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 effective for claims with dates of service on and after March 3, 2009, the Centers for 
Medicare & Medicaid Services finds that the evidence is sufficient to determine that the results of the sleep 
tests identified below can be used by a beneficiarys treating physician to diagnose Obstructive Sleep Apnea 
(OSA), that the use of such sleep testing technologies demonstrates improved health outcomes in Medicare 
beneficiaries who have OSA and receive the appropriate treatment, and that these tests are thus reasonable and 
necessary under section 1862(a)(1)(A) of the Social Security Act. 
 
1. Type I Polysomnography (PSG) is covered when used to aid the diagnosis of OSA in beneficiaries who have 
clinical signs and symptoms indicative of OSA if performed attended in a sleep lab facility. 
2. Type II or Type III sleep testing devices are covered when used to aid the diagnosis of OSA in beneficiaries 
who have clinical signs and symptoms indicative of OSA if performed unattended in or out of a sleep lab 
facility or attended in a sleep lab facility. 
3. Type IV sleep testing devices measuring three or more channels, one of which is airflow, are covered when 
used to aid the diagnosis of OSA in beneficiaries who have signs and symptoms indicative of OSA if 
performed unattended in or out of a sleep lab facility or attended in a sleep lab facility. 
4. Sleep testing devices measuring three or more channels that include actigraphy, oximetry, and peripheral 
arterial tone, are covered when used to aid the diagnosis of OSA in beneficiaries who have signs and symptoms 
indicative of OSA if performed unattended in or out of a sleep lab facility or attended in a sleep lab facility. 
 
Effective for claims with dates of services on and after March 3, 2009, other diagnostic sleep tests for the 
diagnosis of OSA, other than those noted above for prescribing CPAP, are not sufficient for the coverage of 
CPAP and are not covered. You can find this information in the Centers for Medicare and Medicaid Services, 
Internet Only Manual, Publication 100-03, National Coverage Determinations (NCD) Manual: Sleep Testing 
for Obstructive Sleep Apnea (OSA), NCD 240.4.1. 
 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.