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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 Epidural steroid injection (ESI) will be considered medically reasonable and necessary when
the following three (3) requirements are met:
o History, physical examination, and concordant radiological image-based diagnostic testing and
supporting one of the following:
 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 stenosis; OR
 Post-laminectomy syndrome
 Acute herpes zoster associated pain
AND
o 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 followup
for assessment of response.
AND
o Pain duration of at least four (4) weeks, and the inability to tolerate noninvasive conservative
care or medical documentation of failure to respond to four (4) weeks of noninvasive
conservative care or acute herpes zoster refractory to conservative management where a four (4)
week wait is not required.
2. The ESIs must be performed under CT or fluoroscopy image guidance with contrast, unless the patient
has a documented contrast allergy or pregnancy where ultrasound guidance without contrast may be
considered.
3. Transforaminal EPIDURAL steroid injections (TFESIs) involving a maximum of two (2) levels in one
spinal region are considered medically reasonable and necessary. It is important to recognize that most
conditions would not ordinarily require ESI at two (2) levels in one spinal region.
4. Caudal EPIDURAL steroid injections (CESIs) and interlaminar EPIDURAL steroid injections (ILESIs)
involving a maximum of one level are considered medically reasonable and necessary.
5. It is medically reasonable and necessary to perform TFESIs bilaterally only when clinically indicated.
6. 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 three months, 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.
7. An initial injection of contrast is required to confirm epidural placement, unless the patient has a
contraindication to contrast. The subsequent epidural steroid injections should include corticosteroids
and may be combined with anesthetics or saline.
8. 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 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.
The Plan contract says that the Plan covers items and services in accordance with Medicare rules.