LCD/NCD Portal

L5031

 

TRANSCUTANEOUS ELECTRICAL NERVE STIMULATORS (TENS)

 

 

Region IV

DME Region

Jurisdiction C

 

06/08/2012

 

• For any item to be covered by Medicare, it must

o be eligible for a defined Medicare benefit category

o be reasonable and necessary for the diagnosis or treatment of illness or injury or to improve the functioning of a malformed body member

o Meet all other applicable Medicare statutory and regulatory requirements.

 For the items addressed in this local coverage determination, the criteria for "reasonable and necessary", based on Social Security Act §1862(a)(1)(A) provisions, are defined by the following indications and limitations of coverage and/or medical necessity.

• A transcutaneous electrical nerve stimulator (TENS) (E0720, E0730) requires a written order prior to delivery. Refer to the Documentation Requirements section of this LCD and to the Non-medical Necessity Coverage and Payment Rules section of the related Policy Article for information about these prescription requirements.

• The physician ordering the TENS unit and related supplies must be the treating physician for the disease or condition justifying the need for the TENS unit.

• A TENS is covered for the treatment of beneficiaries with chronic, intractable pain or acute post-operative pain when one of the following coverage criteria, I-III, is met.

 

 

• Acute Post-operative Pain

• TENS is covered for acute post-operative pain.

o Coverage is limited to 30 days from the day of surgery.

o Payment will be made only as a rental.

o A TENS unit will be denied as not reasonable and necessary for acute pain (less than three months duration) other than for post-operative pain.

 

• Chronic Pain Other than Low Back Pain

• TENS is covered for chronic, intractable pain other than chronic low back pain when all of the following criteria must be met:

o The presumed etiology of the pain must be a type that is accepted as responding to TENS therapy.

o Examples of conditions for which TENS therapy is not considered to be reasonable and necessary are (not all-inclusive):

o headache

o visceral abdominal pain

o pelvic pain

o temporomandibular joint (TMJ) pain

o The pain must have been present for at least three months

o Other appropriate treatment modalities must have been tried and failed

• TENS therapy for chronic pain that does not meet these criteria will be denied as not reasonable and necessary.

• Chronic Low Back Pain (CLBP)

o TENS therapy for CLBP is only covered when all of the following criteria are met:

o The beneficiary has one of the following ICD-9 diagnosis:

 353.4 Lumbosacral root lesions, not elsewhere classified

 720.2 Sacroiliitis, not elsewhere classified

 721.3 Lumbosacral spondylosis without myelopathy

 721.42 Thoracic or lumbar spondylosis with myelopathy – lumbar region

 722.10 Lumbar intervertebral disc without myelopathy

 722.52 Lumbosacral intervertebral disc

 722.73 Intervertebral disc disorder myelopathy – lumbar region

 722.83 Post laminectomy syndrome – lumbar region

 722.93 Other and unspecified disc disorders, lumbar region

 724.02 Spinal stenosis, lumbar region without neurogenic claudication

 724.03 Spinal stenosis, lumbar region with neurogenic claudication

 724.2 Lumbago

 724.3 Sciatica

 724.4 Thoracic or lumbosacral neuritis or radiculitis, unspecified, radicular syndrome of lower extremities

 738.4 Acquired spondylolisthesis

 739.3 Non-allopathetic lesions NEC (not elsewhere classified) – lumbar region

 756.11 Spondylosysis, lumbosacral region

 756.12 Spondylolisthesis

 805.4 Fracture of vertebral column without mention of spinal cord injury, lumbar, closed

 806.4 Fracture of vertebral column with mention of spinal cord injury, lumbar, closed

 846.0 Sprains and strains of sacroiliac region – lumbosacral (joint) (ligament)

 846.1 Sprains and strains of sacroiliac ligament

 847.2 Sprains and strains of other and unspecified parts of back, lumbar

 953.2 Injury to nerve roots and spinal plexus, lumbar root

• The beneficiary is enrolled in an approved clinical study that meets all of the requirements set out in NCD §160.27 (CMS Internet Only Manual 100-3, Chapter 1).

o Refer to the APPENDICES section for additional information about approved clinical studies.

• TENS therapy for CLBP that does not meet these criteria will be denied as not reasonable and necessary.

• General Requirements for chronic pain (II) and CLBP (III)

• When used for the treatment of chronic, intractable pain described in section II, the TENS unit must be used by the beneficiary on a trial basis for a minimum of one month (30 days), but not to exceed two months.

o The trial period will be paid as a rental.

o The trial period must be monitored by the physician to determine the effectiveness of the TENS unit in modulating the pain.

o For coverage of a purchase, the physician must determine that the beneficiary is likely to derive significant therapeutic benefit from continuous use of the unit over a long period of time.

• A 4-lead TENS unit may be used with either 2 leads or 4 leads, depending on the characteristics of the beneficiary's pain.

o If it is ordered for use with 4 leads, the medical record must document why 2 leads are insufficient to meet the beneficiary’s needs.

• TENS used for CLBP as described in section III does not require a trial rental period or an assessment of effectiveness by the treating physician.

o Upon the beneficiary’s enrollment into an approve study, the TENS is eligible for purchase.

 

 

• Supplies

• Separate allowance will be made for replacement supplies when they are reasonable and necessary and are used with a covered TENS. Usual maximum utilization is:

o 2 TENS leads - a maximum of one unit of A4595 per month

o 4 TENS leads - a maximum of two units of A4595 per month.

• If the use of the TENS unit is less than daily, the frequency of billing for the TENS supply code should be reduced proportionally.

• Replacement of lead wires (A4557) more often than every 12 months would rarely be reasonable and necessary.

• A conductive garment (E0731) used with a TENS unit is rarely reasonable and necessary, but is covered only if all of the following conditions are met:

o It has been prescribed by the treating physician for use in delivering covered TENS treatment

o One of the medical indications outlined below is met:

 the beneficiary cannot manage without the conductive garment because

 there is such a large area or so many sites to be stimulated

 the stimulation would have to be delivered so frequently that it is not feasible to use conventional electrodes, adhesive tapes, and lead wires

o the beneficiary cannot manage without the conductive garment for the treatment of chronic intractable pain because the areas or sites to be stimulated are inaccessible with the use of conventional electrodes, adhesive tapes, and lead wires

o the beneficiary has a documented medical condition, such as skin problems, that preclude the application of conventional electrodes, adhesive tapes, and lead wires

o The beneficiary requires electrical stimulation beneath a cast to treat chronic intractable pain.

• A conductive garment is not covered for use with a TENS device during the trial period unless:

o The beneficiary has a documented skin problem prior to the start of the trial period

o The TENS is reasonable and necessary for the beneficiary.

• If the criteria above are not met for E0731, it will be denied as not reasonable and necessary.

• Reimbursement for supplies is contingent upon use with a covered TENS unit.

o Claims for TENS supplies provided when there is no covered TENS unit will be denied as not reasonable and necessary.

• Effective for claims with dates of service on or after June 8, 2012 supplies provided for use with a previously covered TENS unit used for CLBP (not as part of an approved study) are not eligible for reimbursement.

o These supply claims will be denied as not reasonable and necessary.

 

 

• REFILL REQUIREMENTS

o For DMEPOS items and supplies provided on a recurring basis, billing must be based on prospective, not retrospective use.

 For DMEPOS products that are supplied as refills to the original order, suppliers must contact the beneficiary prior to dispensing the refill and not automatically ship on a pre-determined basis, even if authorized by the beneficiary.

 This shall be done to ensure that the refilled item remains reasonable and necessary, existing supplies are approaching exhaustion, and to confirm any changes or modifications to the order.

 Contact with the beneficiary or designee regarding refills must take place no sooner than 14 calendar days prior to the delivery/shipping date.

 For delivery of refills, the supplier must deliver the DMEPOS product no sooner than 10 calendar days prior to the end of usage for the current product.

 This is regardless of which delivery method is utilized.

• (CMS Program Integrity Manual, Internet-Only Manual, CMS Pub. 100-8, Chapter 5, Section 5.2.6).

o For all DMEPOS items that are provided on a recurring basis, suppliers are required to have contact with the beneficiary or caregiver/designee prior to dispensing a new supply of items.

 Suppliers must not deliver refills without a refill request from a beneficiary.

 Items delivered without a valid, documented refill request will be denied as not reasonable and necessary.

o Suppliers must not dispense a quantity of supplies exceeding a beneficiary's expected utilization.

 Suppliers must stay attuned to changed or atypical utilization patterns on the part of their clients.

 Suppliers must verify with the ordering physicians that any changed or atypical utilization is warranted.

 Regardless of utilization, a supplier must not dispense more than a 3-month quantity at a time.

 

 

Bill Type Codes:

• Contractors may specify Bill Types to help providers identify those Bill Types typically used to report this service.

• Absence of a Bill Type does not guarantee that the policy does not apply to that Bill Type.

• Complete absence of all Bill Types indicates that coverage is not influenced by Bill Type and the policy should be assumed to apply equally to all claims.

 

 

Revenue Codes:

• Contractors may specify Revenue Codes to help providers identify those Revenue Codes typically used to report this service.

• In most instances Revenue Codes are purely advisory; unless specified in the policy services reported under other Revenue Codes are equally subject to this coverage determination.

• Complete absence of all Revenue Codes indicates that coverage is not influenced by Revenue Code and the policy should be assumed to apply equally to all Revenue Codes.

 

 

CPT/HCPCS Codes

• The appearance of a code in this section does not necessarily indicate coverage.

 

 

HCPCS MODIFIERS:

 

• EY - No physician or other licensed health care provider order for this item or service

 

• GA – Waiver of liability statement issued as required by payer policy, individual case

 

• GZ – Item or service expected to be denied as not reasonable and necessary

 

• KX - Requirements specified in the medical policy have been met

 

• Q0 (zero) - Investigational clinical service provided in a clinical research study that is in an approved clinical research study

 

 

HCPCS CODES:

 

EQUIPMENT

E0720 TRANSCUTANEOUS ELECTRICAL NERVE STIMULATION (TENS) DEVICE, TWO LEAD, LOCALIZED STIMULATION

E0730 TRANSCUTANEOUS ELECTRICAL NERVE STIMULATION (TENS) DEVICE, FOUR OR MORE LEADS, FOR MULTIPLE NERVE STIMULATION

E0731 FORM FITTING CONDUCTIVE GARMENT FOR DELIVERY OF TENS OR NMES (WITH CONDUCTIVE FIBERS SEPARATED FROM THE PATIENT'S SKIN BY LAYERS OF FABRIC)

SUPPLIES

A4557 LEAD WIRES, (E.G., APNEA MONITOR), PER PAIR

A4595 ELECTRICAL STIMULATOR SUPPLIES, 2 LEAD, PER MONTH, (E.G. TENS, NMES)

 

 

ICD-9 Codes that Support Medical Necessity

 

For TENS (E0720, E0730) used for CLBP when the approved clinical study (criterion III) requirements are met.

 

353.4 LUMBOSACRAL ROOT LESIONS NOT ELSEWHERE CLASSIFIED

720.2 SACROILIITIS NOT ELSEWHERE CLASSIFIED

721.3 LUMBOSACRAL SPONDYLOSIS WITHOUT MYELOPATHY

721.42 SPONDYLOSIS WITH MYELOPATHY LUMBAR REGION

722.10 DISPLACEMENT OF LUMBAR INTERVERTEBRAL DISC WITHOUT MYELOPATHY

722.52 DEGENERATION OF LUMBAR OR LUMBOSACRAL INTERVERTEBRAL DISC

722.73 INTERVERTEBRAL DISC DISORDER WITH MYELOPATHY LUMBAR REGION

722.83 POSTLAMINECTOMY SYNDROME OF LUMBAR REGION

722.93 OTHER AND UNSPECIFIED DISC DISORDER OF LUMBAR REGION

724.02 SPINAL STENOSIS, LUMBAR REGION, WITHOUT NEUROGENIC CLAUDICATION

724.03 SPINAL STENOSIS, LUMBAR REGION, WITH NEUROGENIC CLAUDICATION

724.2 LUMBAGO

724.3 SCIATICA

724.4 THORACIC OR LUMBOSACRAL NEURITIS OR RADICULITIS UNSPECIFIED

738.4 ACQUIRED SPONDYLOLISTHESIS

739.3 NONALLOPATHIC LESIONS OF LUMBAR REGION NOT ELSEWHERE CLASSIFIED

756.11 CONGENITAL SPONDYLOLYSIS LUMBOSACRAL REGION

756.12 SPONDYLOLISTHESIS CONGENITAL

805.4 CLOSED FRACTURE OF LUMBAR VERTEBRA WITHOUT SPINAL CORD INJURY

806.4 CLOSED FRACTURE OF LUMBAR SPINE WITH SPINAL CORD INJURY

846.0 LUMBOSACRAL (JOINT) (LIGAMENT) SPRAIN

846.1 SACROILIAC (LIGAMENT) SPRAIN

847.2 LUMBAR SPRAIN

953.2 INJURY TO LUMBAR NERVE ROOT

For other uses of TENS (acute post-operative pain (criterion I), chronic pain other than CLBP(criterion II), there are no specified diagnosis codes.

 

 

Documentations Requirements

• Section 1833(e) of the Social Security Act precludes payment to any provider of services unless "there has been furnished such information as may be necessary in order to determine the amounts due such provider".

o It is expected that the beneficiary's medical records will reflect the need for the care provided.

o The beneficiary's medical records include the physician's office records, hospital records, nursing home records, home health agency records, records from other healthcare professionals and test reports.

o This documentation must be available upon request.

 

 

• PRESCRIPTION (ORDER) REQUIREMENTS

 

• GENERAL (PIM 5.2.1)

o All items billed to Medicare require a prescription.

 An order for each item billed must be signed and dated by the treating physician, kept on file by the supplier, and made available upon request.

 Items dispensed and/or billed that do not meet these prescription requirements and those below must be submitted with an EY modifier added to each affected HCPCS code.

 

 

• DISPENSING ORDERS (PIM 5.2.2)

o Equipment and supplies may be delivered upon receipt of a dispensing order except for those items that require a written order prior to delivery.

 A dispensing order may be verbal or written.

 The supplier must keep a record of the dispensing order on file.

 It must contain:

 Description of the item

 Beneficiary's name

 Prescribing Physician's name

 Date of the order and the start date, if the start date is different from the date of the order

 Physician signature (if a written order) or supplier signature (if verbal order)

 For the “Date of the order” described above, use the date the supplier is contacted by the physician (for verbal orders) or the date entered by the physician (for written dispensing orders).

 Signature and date stamps are not allowed.

• Signatures must comply with the CMS signature requirements outlined in PIM 3.3.2.4.

 The dispensing order must be available upon request.

 For items that are provided based on a dispensing order, the supplier must obtain a detailed written order before submitting a claim.

 

 

• DETAILED WRITTEN ORDERS (PIM 5.2.3)

o A detailed written order (DWO) is required before billing.

o Someone other than the ordering physician may produce the DWO.

o However, the ordering physician must review the content and sign and date the document.

o It must contain:

 Beneficiary's name

 Physician's name

 Date of the order and the start date, if start date is different from the date of the order

 Detailed description of the item(s) (see below for specific requirements for selected items)

 Physician signature and signature date

 For items provided on a periodic basis, including drugs, the written order must include:

 Item(s) to be dispensed

 Dosage or concentration, if applicable

 Route of Administration

 Frequency of use

 Duration of infusion, if applicable

 Quantity to be dispensed

 Number of refills

o For the “Date of the order” described above, use the date the supplier is contacted by the physician (for verbal orders) or the date entered by the physician (for written dispensing orders).

o Frequency of use information on orders must contain detailed instructions for use and specific amounts to be dispensed.

 Reimbursement shall be based on the specific utilization amount only.

 Orders that only state “PRN” or “as needed” utilization estimates for replacement frequency, use, or consumption are not acceptable. (PIM 5.9)

o The detailed description in the written order may be either a narrative description or a brand name/model number.

o Signature and date stamps are not allowed. Signatures must comply with the CMS signature requirements outlined in PIM 3.3.2.4.

o The DWO must be available upon request.

o A prescription is not considered as part of the medical record.

 Medical information intended to demonstrate compliance with coverage criteria may be included on the prescription but must be corroborated by information contained in the medical record.

 

• WRITTEN ORDERS PRIOR TO DELIVERY (PIM 5.2.4)

o A detailed written order prior to delivery (WOPD) is required for TENS.

 The supplier must have received a WOPD that has been both signed and dated by the treating physician and meets the requirements for a DWO before dispensing the item.

 

 

• MEDICAL RECORD INFORMATION

 

• GENERAL (PIM 5.7 - 5.9)

o The Indications and Limitations of Coverage and/or Medical Necessity section of this LCD contain numerous reasonable and necessary (R&N) requirements.

 The Nonmedical Necessity Coverage and Payment Rules section of the related Policy Article contains numerous non-reasonable and necessary, benefit category and statutory requirements that must be met in order for payment to be justified.

 Suppliers are reminded that:

• Supplier-produced records, even if signed by the ordering physician, and attestation letters (e.g. letters of medical necessity) are deemed not to be part of a medical record for Medicare payment purposes.

• Templates and forms, including CMS Certificates of Medical Necessity, are subject to corroboration with information in the medical record.

• Information contained directly in the contemporaneous medical record is the source required to justify payment except as noted elsewhere for prescriptions and CMNs.

o The medical record is not limited to physician's office records but may include records from hospitals, nursing facilities, home health agencies, other healthcare professionals, etc. (not all-inclusive).

o Records from suppliers or healthcare professionals with a financial interest in the claim outcome are not considered sufficient by themselves for the purpose of determining that an item is reasonable and necessary.

 

 

• CONTINUED USE

o Continued use describes the ongoing utilization of supplies or a rental item by a beneficiary.

o Suppliers are responsible for monitoring utilization of DMEPOS rental items and supplies.

 No monitoring of purchased items or capped rental items that have converted to a purchase is required.

 Suppliers must discontinue billing Medicare when rental items or ongoing supply items are no longer being used by the beneficiary.

o Beneficiary medical records or supplier records may be used to confirm that a DMEPOS item continues to be used by the beneficiary.

 Any of the following may serve as documentation that an item submitted for reimbursement continues to be used by the beneficiary:

o Timely documentation in the beneficiary’s medical record showing usage of the item, related option/accessories and supplies

o Supplier records documenting the request for refill/replacement of supplies in compliance with the Refill Documentation Requirements

 (This is deemed to be sufficient to document continued use for the base item, as well)

o Supplier records documenting beneficiary confirmation of continued use of a rental item

o Timely documentation is defined as a record in the preceding 12 months unless otherwise specified elsewhere in this policy.

 

 

• CONTINUED MEDICAL NEED

o For all DMEPOS items, the initial justification for medical need is established at the time the item(s) is first ordered; therefore, beneficiary medical records demonstrating that the item is reasonable and necessary are created just prior to, or at the time of, the creation of the initial prescription.

 For purchased items, initial months of a rental item or for initial months of ongoing supplies or drugs, information justifying reimbursement will come from this initial time period.

 Entries in the beneficiary's medical record must have been created prior to, or at the time of, the initial DOS to establish whether the initial reimbursement was justified based upon the applicable coverage policy.

o For ongoing supplies and rental DME items, in addition to information described above that justifies the initial provision of the item(s) and/or supplies, there must be information in the beneficiary's medical record to support that the item continues to be used by the beneficiary and remains reasonable and necessary.

 Information used to justify continued medical need must be timely for the DOS under review.

 Any of the following may serve as documentation justifying continued medical need:

• A recent order by the treating physician for refills

• A recent change in prescription

• A properly completed CMN or DIF with an appropriate length of need specified

• Timely documentation in the beneficiary's medical record showing usage of the item.

o Timely documentation is defined as a record in the preceding 12 months unless otherwise specified elsewhere in the policy.

 

 

• REFILL DOCUMENTATION (PIM 5.2.5-6)

o A routine refill prescription is not needed. A new prescription is needed when:

 There is a change of supplier

 There is a change in the item(s), frequency of use, or amount prescribed

 There is a change in the length of need or a previously established length of need expires

 State law requires a prescription renewal

o For items that the beneficiary obtains in-person at a retail store, the signed delivery slip or a copy of the itemized sales receipt is sufficient documentation of a request for refill.

 For items that are delivered to the beneficiary, documentation of a request for refill must be either a written document received from the beneficiary or a contemporaneous written record of a phone conversation/contact between the supplier and beneficiary.

• The refill request must occur and be documented before shipment.

• A retrospective attestation statement by the supplier or beneficiary is not sufficient. The refill record must include:

 Beneficiary's name or authorized representative if different than the beneficiary

 A description of each item that is being requested

 Date of refill request

 Information documenting that the beneficiary’s remaining supply is approaching exhaustion by the expected delivery date

 For consumable supplies

• i.e., those that are used up (e.g., ostomy or urological supplies, surgical dressings, etc.)

• The supplier should assess the quantity of each item that the beneficiary still has remaining, to document that the amount remaining will be nearly exhausted on or about the supply anniversary date.

 For non-consumable supplies,

• i.e., those more durable items that are not used up but may need periodic replacement

• (e.g., PAP and RAD supplies)

• The supplier should assess whether the supplies remain functional, providing replacement (a refill) only when the supply item(s) is no longer able to function.

• Document the functional condition of the item(s) being refilled in sufficient detail to demonstrate the cause of the dysfunction that necessitates replacement (refill).

• This information must be kept on file and be available upon request.

 

 

• PROOF OF DELIVERY (PIM 4.26, 5.8)

o Proof of delivery (POD) is a Supplier Standard and DMEPOS suppliers are required to maintain POD documentation in their files.

 For medical review purposes, POD serves to assist in determining correct coding and billing information for claims submitted for Medicare reimbursement.

• Regardless of the method of delivery, the contractor must be able to determine from delivery documentation that the supplier properly coded the item(s), that the item(s) delivered are the same item(s) submitted for Medicare reimbursement and that the item(s) are intended for, and received by, a specific Medicare beneficiary.

o Suppliers, their employees, or anyone else having a financial interest in the delivery of the item are prohibited from signing and accepting an item on behalf of a beneficiary (i.e., acting as a designee on behalf of the beneficiary).

 The signature and date the beneficiary or designee accepted delivery must be legible.

o For the purpose of the delivery methods noted below, designee is defined as any person who can sign and accept the delivery of DMEPOS on behalf of the beneficiary.

o Proof of delivery documentation must be available to the Medicare contractor on request.

 All services that do not have appropriate proof of delivery from the supplier will be denied and overpayments will be requested.

 Suppliers who consistently fail to provide documentation to support their services may be referred to the OIG for imposition of Civil Monetary Penalties or other administrative sanctions.

o Suppliers are required to maintain POD documentation in their files.

 There are three methods of delivery:

• Delivery directly to the beneficiary or authorized representative

• Delivery via shipping or delivery service

• Delivery of items to a nursing facility on behalf of the beneficiary

 

 

• Method 1—Direct Delivery to the Beneficiary by the Supplier

• Suppliers may deliver directly to the beneficiary or the designee. In this case, POD to a beneficiary must be a signed and dated delivery slip. The POD record must include:

o Beneficiary's name

o Delivery address

o Sufficiently detailed description to identify the item(s) being delivered (e.g., brand name, serial number, narrative description)

o Quantity delivered

o Date delivered

o Beneficiary (or designee) signature and date of signature

• The date of signature on the delivery slip must be the date that the DMEPOS item was received by the beneficiary or designee.

o In instances where the supplies are delivered directly by the supplier, the date the beneficiary received the DMEPOS item must be the date of service on the claim.

 

 

• Method 2—Delivery via Shipping or Delivery Service Directly to a Beneficiary

• If the supplier utilizes a shipping service or mail order, the POD documentation must be a complete record tracking the item(s) from the DMEPOS supplier to the beneficiary.

o An example of acceptable proof of delivery would include both the supplier's own detailed shipping invoice and the delivery service's tracking information.

o The supplier's record must be linked to the delivery service record by some clear method like the delivery service's package identification number or supplier's invoice number for the package sent to the beneficiary.

o The POD record must include:

 Beneficiary's name

 Delivery address

 Delivery service's package identification number, supplier invoice number or alternative method that links the supplier's delivery documents with the delivery service's records.

 Sufficiently detailed description to identify the item(s) being delivered (e.g., brand name, serial number, narrative description)

 Quantity delivered

 Date delivered

 Evidence of delivery

• If a supplier utilizes a shipping service or mail order, suppliers must use the shipping date as the date of service on the claim.

• Suppliers may also utilize a return postage-paid delivery invoice from the beneficiary or designee as a POD. This type of POD record must contain the information specified above.

 

 

• Method 3—Delivery to Nursing Facility on Behalf of a Beneficiary

• When a supplier delivers items directly to a nursing facility, the documentation described for Method 1 (see above) is required.

• When a delivery service or mail order is used to deliver the item to a nursing facility, the documentation described for Method 2 (see above) is required.

• Regardless the method of delivery, for those beneficiaries that are residents of a nursing facility, information from the nursing facility showing that the item(s) delivered for the beneficiary's use were actually provided to and used by the beneficiary must be available upon request.

 

 

• POLICY SPECIFIC DOCUMENTATION REQUIREMENTS

 

• CERTIFICATE OF MEDICAL NECESSITY (PIM 5.3)

• For TENS provided under criteria I and II in the Indications and Limitations of Coverage and/or Medical Necessity, a Certificate of Medical Necessity (CMN), which has been completed, signed, and dated by the treating physician, must be kept on file by the supplier and made available upon request.

o The CMN may act as a substitute for the detailed written order if it contains the same information as required in a detailed written order.

o The CMN for TENS is CMS Form 848 (DME form 06.03B).

o In addition to the information that the physician enters in Section B, the supplier can use the space in Section C for other details of the order or the physician can enter the other details directly.

• A new CMN is not required just because the supplier changes assignment status on the submitted claim.

• A CMN is not needed for a TENS rental.

• A CMN is not needed for TENS provided for CLBP provided as part of an approved clinical study.

• For all claims for TENS and related supplies there must be information in the medical record demonstrating that the coverage criteria are met.

• For acute post-operative pain covered under criterion I, there must be information about:

o The date of surgery.

o The nature of the surgery.

o The location and severity of the pain.

• For chronic pain covered under criterion II, there must be information in the medical record describing:

o the location of the pain

o the severity of the pain

o the duration of time the beneficiary has had the pain

o the presumed etiology of the pain

o prior treatment and results of that treatment

o reevaluation of the beneficiary at the end of the trial period, must indicate

 how often the beneficiary used the TENS unit

 the typical duration of use each time

 the results (effectiveness of therapy)

o For CLBP covered under criterion III, there must be information in the medical record describing:

o participation in an approved study

o the qualifying ICD-9 diagnosis

o For CLBP, each claim must include:

o The ICD-9 diagnosis describing the CLBP

o The “clinicaltrials.gov” identifier number must be included in the narrative field on each claim.

• Each claim for code E0731 must be accompanied by the brand, name and model number of the conductive garment.

 

• KX, GA, GZ AND Q0 (zero) MODIFIERS:

• Suppliers must add a KX modifier to code E0731 only if all of the criteria in the INDICATIONS AND LIMITATIONS OF COVERAGE AND/OR MEDICAL NECESSITY section of this policy have been met.

• Suppliers must add a KX modifier and a Q0 (zero) modifier to codes E0720 and E0730 used for CLBP only if all of the criteria described in section III of the INDICATIONS AND LIMITATIONS OF COVERAGE AND/OR MEDICAL NECESSITY section of this policy have been met.

• For the situation where a KX modifier is required, if all of the criteria in the INDICATIONS AND LIMITATIONS OF COVERAGE AND/OR MEDICAL NECESSITY section have not been met, the GA or GZ modifier must be added to these codes.

o When there is an expectation of a reasonable and necessary denial, suppliers must enter the GA modifier on the claim line if they have obtained a properly executed Advance Beneficiary Notice (ABN) or the GZ modifier if they have not obtained a valid ABN.

• If the beneficiary is not enrolled in an approved clinical study for CLBP, the Q0 (zero) must not be used.

• Claim lines billed for E0720, E0730 and E0731 without a GA, GZ or KX modifier as specified above will be rejected as missing information.

• Refer to the Supplier Manual for more information on documentation requirements.

 

 

Appendices

• PIM citations above denote references to CMS Program Integrity Manual, Internet Only Manual 100-8.

• TENS used to treat CLBP is provided under limited coverage.

o Reimbursement is only available for beneficiaries who are enrolled in an approved clinical trial.

o CMS maintains a list of policies that require study participation as a condition of coverage on the CMS web site.

o For each policy the approved studies are listed and a link provided to the study on the clinicaltrials.gov web site.

o The clinicaltrials.gov identifier number required on each claim is listed on this site.

 

Sources of Information and Basis for Decision

 

A37064 - Transcutaneous Electrical Nerve Stimulators (TENS) - Policy Article - Effective January 2011

 

LCD Attachments

TENS CMN - CMS 848 (DME MAC 06.03B)

 

 

Local Coverage Determination (LCD) for Transcutaneous Electrical Nerve Stimulators (TENS) (L5031)