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LCD L35396: Biomarkers for Oncology

LCD L35396, Biomarkers for Oncology, is the Local Coverage Determination that Novitas Solutions, Inc. applies to claims from 12 states (AR, CO, DC, DE, LA, MD, MS, NJ and others), effective 2025-04-24 and first in force 2015-10-01. The policy text runs 1,618 words, and its billing and coding article A52986 lists 427 ICD-10-CM codes that support medical necessity for 67 procedure codes. No other contractor publishes a policy with this title.

QuickIntell editorial content · Legacy registry date · Review not verified

Data effective
Data currency: Medicare Coverage Database LCD export release of September 24, 2026 (effective September 20, 2026). Next CMS release: weekly (Thursdays) for the MCD.
Contractor
Novitas Solutions, Inc.
States and territories
12
AR CO DC DE LA MD MS NJ NM OK PA TX
Revision effective
2025-04-24
Original effective
2015-10-01
Policy text
1,618 words
Covered ICD-10 codes (articles)
427

Where this LCD applies

Each contract number is a jurisdiction on the remittance; the policy binds claims processed under these contracts and no others.

Contracts that apply LCD L35396
ContractContractorTypeStates
12101Novitas Solutions, Inc.A and B MACDE
12201Novitas Solutions, Inc.A and B MACDC
12301Novitas Solutions, Inc.A and B MACMD
12401Novitas Solutions, Inc.A and B MACNJ
12501Novitas Solutions, Inc.A and B MACPA
12102Novitas Solutions, Inc.A and B MACDE
12202Novitas Solutions, Inc.A and B MACDC
12302Novitas Solutions, Inc.A and B MACMD
12402Novitas Solutions, Inc.A and B MACNJ
12502Novitas Solutions, Inc.A and B MACPA
12901Novitas Solutions, Inc.A and B MACDC DE MD NJ PA
07102Novitas Solutions, Inc.A and B MACAR
07202Novitas Solutions, Inc.A and B MACLA
07101Novitas Solutions, Inc.A and B MACAR
07201Novitas Solutions, Inc.A and B MACLA
07301Novitas Solutions, Inc.A and B MACMS
07302Novitas Solutions, Inc.A and B MACMS
04111Novitas Solutions, Inc.A and B MACCO
04211Novitas Solutions, Inc.A and B MACNM
04311Novitas Solutions, Inc.A and B MACOK
04411Novitas Solutions, Inc.A and B MACTX
04112Novitas Solutions, Inc.A and B MACCO
04212Novitas Solutions, Inc.A and B MACNM
04312Novitas Solutions, Inc.A and B MACOK
04412Novitas Solutions, Inc.A and B MACTX
04911Novitas Solutions, Inc.A and B MACCO NM OK TX

Billing and coding: diagnoses and procedure codes

Since 2019 the codes live in the companion article rather than the LCD. Billing and Coding A52986 (Billing and Coding: Biomarkers for Oncology) carries the diagnosis and procedure lists the contractor loads as the claims edit. CPT codes are shown as bare numbers because the descriptors are licensed by the AMA; HCPCS Level II descriptors are public and shown.

A52986: Billing and Coding: Biomarkers for Oncology (Billing and Coding, effective 2025-04-24)

Covered ICD-10-CM codes
427
29 groups
Non-covered ICD-10-CM codes
1
Procedure codes listed
67
Full article
cms.gov record
First 24 covered ICD-10-CM codes in A52986
ICD-10-CMDescription (FY2027)
C17.0—
C17.1—
C17.2—
C17.3—
C17.8—
C17.9—
C18.0—
C18.1—
C18.2—
C18.3—
C18.4—
C18.5—
C18.6—
C18.7—
C18.8—
C18.9—
C19Malignant neoplasm of rectosigmoid junction
C20Malignant neoplasm of rectum
C21.0—
C21.1—
C21.2—
C21.8—
C22.0—
C22.2—

Procedure codes: 0018U, 0026U, 0245U, 81120, 81121, 81170, 81175, 81176, 81206, 81207, 81208, 81210, 81218, 81219, 81233, 81235, 81236, 81237, 81245, 81246, 81261, 81262, 81263, 81270, 81272, 81273, 81275, 81276, 81287, 81292, 81293, 81294, 81301, 81305, 81310, 81311, 81313, 81314, 81315, 81316 and 27 more in the article.

Coverage indications, limitations and medical necessity

Compliance with the provisions in this policy may be monitored and addressed through post payment data analysis and subsequent medical review audits.

History/Background and/or General Information

The emergence of personalized laboratory medicine has been characterized by a multitude of testing options which can more precisely pinpoint management needs of individual patients. As a result, the growing compendium of products described as biomarkers requires careful evaluation by both clinicians and laboratorians as to what testing configurations are reasonable and necessary under the Medicare Act. There are a plethora of burgeoning tools, including both gene-based (genomic) and protein-based (proteomic) assay formats, in tandem with more conventional (longstanding) flow cytometric, cytogenetic, etc. biomarkers. Classified somewhat differently, there are highly diverse approaches ranging from single mutation biomarkers to multiple biomarker platforms, the latter of which often depend upon sophisticated biomathematical interpretative algorithms.

The term “biomarker” refers to a broad subcategory of medical signs (i.e., objective indications of medical state observed from outside the patient) which can be measured accurately and reproducibly. Medical signs stand in contrast to medical symptoms, which are limited to indications of health or illness perceived by the patient. In 1998, the National Institute of Health (NIH) defined a biomarker as: "a characteristic that is objectively measured and evaluated as an indicator of normal biologic processes pathogenic processes, or pharmacologic response to a therapeutic intervention." 1

This current LCD focuses upon selected testing in oncology, with some emphasis upon applying the revised 2016 CPT molecular coding format. The LCD primarily applies to molecular biomarker testing but does involve some other types of related biomarker testing, such as proteomics.

There are separate Local Coverage Determinations (LCDs) that address other biomarkers, which include a multitude of assays which are not specifically discussed below. (Please refer to the Novitas website for a complete listing of LCDs.)

Local Medicare coverage of such biomarkers must be predicated upon four fundamental principles:

• First, the biomarkers must have proven clinical validity/utility (CVU).

• Second, to support the medical necessity of the service, there must be acceptance/uptake of specific testing into patient management. It is essential that physicians be familiar enough with all specific biomarkers, of which they order, such that all test results may become clinically actionable.

• Providers managing oncological conditions must demonstrate that the use of biomarkers will be used to assist in the management/treatment of the beneficiary.

• Peer-reviewed full manuscript evidence is required to support combination panels for multiple biomarkers, particularly regarding their alleged composite clinical validity/utility. For example, such potential billing for multiple, diverse biomarkers (e.g., diagnostic/monitoring/prognostic/predictive) can only achieve medical necessity when it is evident how each requested biomarker can be individually contributory.

It is useful to categorize oncology biomarkers into functional clusters which reflect both (1) The predominant intent of testing (with the caveat that individual assays may cross over into more than one category) and (2) the relative evidentiary expectations:

• Oncology Biomarkers Used for Diagnosis/Classification/Monitoring/Surveillance: These types of assays are supportable by case-control sensitivity/specificity studies, with appropriate designs in place to minimize the extent of bias and confounding.

• Oncology Biomarkers Used for Prognosis/Prediction: Oncology biomarkers used for prognosis/prediction (i.e., a predictive biomarker is associated with response [benefit] or lack of response to a particular therapy, relative to other available therapy, whereas a prognostic biomarker provides information on the likely outcome of the disease in an untreated individual).

There is a complex and diverse set of study methods which can drive the robust formulation of evidence for such esoteric testing. This is well-summarized by Deverka et al 2 at the Center for Medical Technology Policy, but there are currently NO standardized thresholds or benchmarks for evaluating the CVU/medical necessity of emerging biomarkers. However, the following sources (although not exhaustive and complete) may help support CVU when requesting reconsideration for coverage of biomarkers that are not included in this LCD:

• FDA labeling documentation.

• National Comprehensive Cancer Network (NCCN) Biomarkers Compendium recommendations, particularly where Category 1 evidence is noted.

• Findings from well-established, independent technology assessments (e.g., Evaluation of Genomic Applications in Practice and Prevention [EGAPP], Agency for Healthcare Research and Quality [AHRQ], Blue Cross and Blue Shield Association Technology Evaluation Center [BCBSA TEC] and the Cochrane Collaboration).

• Other independent, objective evaluations or systematic literature reviews, which can substantively contribute to the evidence base, including, but not restricted to, emerging National Institutes of Health (National Cancer Institute) guidelines for the accrual of genomics/proteomics clinical validity/utility evidence. Although there is not a prescriptive format for such systematic reviews, the documentation submitted for reconsideration purposes should include the following three elements:

• Some type of recurring/periodic Committee structure, which is comprised of at least qualified biomathematicians/methodologists, molecular pathology laboratory specialists and relevant clinicians (e.g., oncologists).

• Evidence of active sharing of the critical evaluations in a manner that enables sufficiently broad input into this process, and a feasibly wide acceptance of this process by representative molecular pathology stakeholders. There is no preference between such a Committee being based at a single site, or even rotating among several sites.

• Transparency of the biomarker evaluations via minutes (or a summary of minutes).

Covered Indications

MOLECULAR TESTS

Covered clinical types of application(s) are identified below as diagnostic (DX), prognostic (PROG), or predictive (PRED).

1. Colorectal Cancer

• KRAS (12/13) - PRED of resistance to an anti-EGFR agent

• KRAS codon 61 - PRED of resistance to an anti-EGFR agent

• KRAS codon 146 - PRED of resistance to an anti-EGFR agent

• NRAS - PRED of resistance to an anti-EGFR agent

• BRAF - PRED of resistance to an anti-EGFR agent + DX (sporadic vs. Lynch syndrome)

• PIK3CA - PRED of resistance to an anti-EGFR agent + PROG for local recurrence

• MSI by PCR - PRED of 5-FU resistance + DX

• MLH1 promoter hypermethylation - PRED of 5-FU resistance + DX

• mRNA (oncotype-Colon) – PRED for the recurrence risk for patients with Stage II colon cancer

• Hereditary colon cancer disorders

• Sept9

ColonSeq

This testing provides information to the patient and provider regarding potential treatment options and implications for RAS and BRAF mutations.

Please refer to DA52986-Billing and Coding: Biomarkers for Oncology regarding coding and billing information.

2. Non-Small Cell Lung Cancer (NSCLC)

• EGFR- PRED of anti-EGFR response

• KRAS (12/13) - PRED of anti-EGFR resistance

• KRAS codon 61 - PRED of anti-EGFR resistance

• KRAS codon 146 - PRED of anti-EGFR resistance

• BRAF - PROG + PRED for anti-RAF inhibitor

ThermoFisher Oncomine DX Target Test for Non-Small Cell Lung Cancer (NSCLC) is a 23 gene panel including a 3 gene target test (companion test) approved by the FDA in June 2017 for NSCLC from tissue specimens. It can simultaneously identify the three gene variants that are a key to targeted therapy selection: BRAF and ROS1, and EGFR. The targeted therapies are dabrafenib (Tafinlar) in combination with trametinib (Mekinist), crizotinib (Xalkori), and gefitinib (Iressa), respectively. These three drugs are approved therapies for NSCLC patients with the above gene variants. Oncomine DX Target Test is the only FDA approved companion test that detects ROS1 fusions and that detects BRAF V600E, but it does not detect ALK fusions. Coverage is limited as specified in NCD 90.2, Next Generation Sequencing (NGS) for Patients with Advanced Cancer. Please refer to the NCD for full coverage details.

LungSeq

Testing for genetic alteration in these genes can determine targeted therapy options that have the potential to decrease tumor burden, decrease symptoms, increase survival, and dramatically improve the quality of life for patients with specific genetic alterations.

Please refer to A52986, Billing and Coding: Biomarkers for Oncology regarding coding and billing information.

3. Melanoma

• BRAF - PRED of response to Vemurafenib

• KIT - PRED of response to Imatinib (TKI)

• NRAS - PROG + PRED for anti-MEK inhibitor

4. Uveal Melanoma

• GNAQ – PROG

• GNA11 - PROG

5. Brain

• BRAF - PRED

• EGFR - PRED

• MGMT - PRED

• IDH1 - DX + PROG

• IDH2 - DX + PROG

• PIK3CA - PRED

• PTEN - PRED

• CIMP - PRED

• TERT - DX

6. Thyroid

• BRAF - DX + PRED

• KRAS - PRED for Selumetinib

• HRAS - PRED for Selumetinib

• NRAS - PRED for Selumetinib

• PIK3CA - PRED

• RET - DX

• PAX8/PPARG- DX

ThyraMIR Thyroid miRNA classifier (aPCR based microRNA gene expression classifier) (PRED) evaluates the expression levels of 10miRNA genes within an FNA biopsy: miR-29b-1-5p, miR-31-5p, miR-138-1-3p, miR-139-5p, miR-146b-5p, miR-155, miR-204-5p, miR-222-3p, miR-375, and miR-551b-3p.

Oncology Thyroid, provides gene expression analysis of 142 genes utilizing fine needle aspirate, algorithm reported as a categorical result (Afirma - PRED).

ThyraMIR is used as a companion test to ThyGeNEXT when ThyGeNEXT results are inconclusive.

• ThyraMIR, ThyGeNEXT and Afirma services will be considered reasonable and necessary for patients with any of the following conditions:

• An indeterminate pathology on fine needle aspiration

• Patients with one or more thyroid nodules with a history or characteristics suggesting malignancy such as:

• Nodule growth over time

• Family history of thyroid cancer

• Hoarseness, difficulty swallowing or breathing

• History of exposure to ionizing radiation

• Hard nodule compared with rest of gland consistency

• Presence of cervical adenopathy

• RosettaGX Reveal thyroid MicroRNA test, an assay used for the classification of indeterminate thyroid nodules, will be considered reasonable and necessary when the conditions outlined above for ThyraMIR, ThyGeNEXT and Afirma are met.

• ThyroSeq is a test utilized to better define the need for thyroid surgery and the type of such surgery. ThyroSeq will be considered reasonable and necessary when the conditions outlined above for ThyraMir, ThyGeNEXT, and Afirma are met.

7. Ovary/Fallopian Tube/Peritoneum

The policy text continues in the CMS record.

Summary of evidence (opening)

Please refer to the “History/Background and/or General Information” section for general information on biomarkers.

Multiple sources of literature were submitted for consideration. The literature consisted of various investigational, observational, and experimental studies, as well as some letters to the editor in support of the leukemia biomarkers expansion, and ThyGeNEXT panel. The literature was reviewed and the following is a summary of the evidence submitted:

Numerous articles were submitted in support of the Leukemia biomarker expansion request. Taking into consideration the independent, objective evaluation and systematic literature review, which substantively contributed to the evidence base of the requested leukemia biomarkers and subsequently approved by the Molecular Testing Evaluation Committee (MTEC), all the requested biomarkers are considered reasonable and necessary for the listed disease states below:

• Acute Lymphoblastic Leukemia

The contractor cites 784 sources in the bibliography; the full summary and analysis of evidence are in the CMS record.

Dates, lineage and related policies

Original determination effective
2015-10-01
Current revision effective
2025-04-24
MCD version
220
Derived from
L34796

The contractor lists 2 National Coverage Determinations as related: NCD 210.3 Colorectal Cancer Screening Tests, NCD 90.2 Next Generation Sequencing (NGS). Where an NCD speaks, it controls; the LCD can only address what the NCD leaves open.

Using this policy on a claim

Match the documented indication to the covered indications above before the service is scheduled, carry a diagnosis from the article's covered list on the claim line, and keep the elements the documentation section asks for in the record, because the contractor can request it later through medical review. A denial under this policy arrives as CARC 50 with remark N115; the LCD lookup guide walks through the appeal path and the Advance Beneficiary Notice rules, and the Novitas Solutions, Inc. hub lists every other active policy from the same contractor.

Frequently asked questions

What does LCD L35396 cover?

The emergence of personalized laboratory medicine has been characterized by a multitude of testing options which can more precisely pinpoint management needs of individual patients. As a result, the growing compendium of products described as biomarkers requires careful evaluation by both clinicians and laboratorians as to what testing configurations are reasonable and necessary under the Medicare Act. There are a… The full indications and limitations are reproduced on this page from the CMS Medicare Coverage Database export of September 24, 2026.

Which states does LCD L35396 apply to?

Novitas Solutions, Inc. applies it to Medicare claims in AR, CO, DC, DE, LA, MD, MS, NJ, NM, OK, PA, TX. A Local Coverage Determination binds only the contractor that wrote it; the same service in another jurisdiction is judged under that contractor's own policy or, where none exists, claim by claim.

Which diagnosis codes support medical necessity under LCD L35396?

The companion billing and coding article A52986 lists 427 ICD-10-CM codes in 29 groups that support medical necessity and 1 that do not; the first 24 appear on this page and the complete list is in the article on cms.gov.

How do I appeal a denial under LCD L35396?

The remittance carries claim adjustment reason code 50 with remark code N115, naming the LCD. Compare the documented indication with the policy's covered indications and the article's diagnosis list, then file a redetermination within 120 days with the record attached; if the service genuinely falls outside the policy, the patient can be billed only when a valid Advance Beneficiary Notice was obtained before the service.

Sources

Every figure on this page is taken from the CMS publications below, as released by the Centers for Medicare & Medicaid Services. Projection built 2026-10-02. Verify against the primary file before billing or contracting decisions.

Disclaimer

The policy text and code lists are reproduced from the CMS Medicare Coverage Database export as an operational reference. Verify against the current LCD and article on cms.gov before billing; coverage depends on the full record and the contractor. Not legal, clinical or billing advice.