To determine whether a service or item is denied as “not medically necessary,” and whether the limitation of liability provision is applicable:
- The service or item must be otherwise covered; and,
- The service or item must be determined to be not reasonable and necessary for diagnosis or treatment of any kind of illness, injury, or medical condition (investigational or experimental) or for a particular case or for certain conditions.
Indications and Limitations of Coverage
Items and services which are not reasonable and necessary for the diagnosis or treatment of illness or injury or to improve the functioning of a malformed body member are not covered, e.g., payment cannot be made for the rental of a special hospital bed to be used by the patient in their home unless it was a reasonable and necessary part of the patient’s treatment.
Services denied as not reasonable and medically necessary, under section 1862(a)(1) of the Social Security Act, are subject to the Limitation of Liability provision. Thus, to be held liable for denied charge(s), the member must be given appropriate written advance notice of the likelihood of non-coverage and agree to pay for services. A written notice covering an extended course of treatment is acceptable, provided the notice identifies all services the provider believes will not be paid. The signed agreement, in the form of a Pre-Service Denial Notice, should be maintained in the provider's records.
A health care item or service for the purpose of causing, or assisting to cause, the death of any individual (assisted suicide) is not covered. This prohibition does not apply to the provision of an item or service for the purpose of alleviating pain or discomfort, even if such use may increase the risk of death, so long as the item or service is not furnished for the specific purpose of causing death.
CMS Pub. 100-02, Medicare Benefit Policy Manual, Chapter 16, Section 20
Section 1862(a)(1) of the Social Security Act - http://www.ssa.gov/OP_Home/ssact/title18/1862.htm
Services Not Reasonable and Necessary. Provider Education, Medicare Part B. NHIC, Corp. http://www.medicarenhic.com/providers/articles/srvcesnotreason_1207.pdf