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LCD L38033: Cervical Disc Replacement

LCD L38033, Cervical Disc Replacement, is the Local Coverage Determination that Palmetto GBA applies to claims from 7 states (AL, GA, NC, SC, TN, VA, WV), effective 2023-04-27 and first in force 2019-10-28. The policy text runs 530 words, and its billing and coding article A57021 lists 20 ICD-10-CM codes that support medical necessity for 57 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
Palmetto GBA
States and territories
7
AL GA NC SC TN VA WV
Revision effective
2023-04-27
Original effective
2019-10-28
Policy text
530 words
Covered ICD-10 codes (articles)
20

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 L38033
ContractContractorTypeStates
11201Palmetto GBAA and B and HHH MACSC
11301Palmetto GBAA and B and HHH MACVA
11401Palmetto GBAA and B and HHH MACWV
11501Palmetto GBAA and B and HHH MACNC
11202Palmetto GBAA and B and HHH MACSC
11302Palmetto GBAA and B and HHH MACVA
11402Palmetto GBAA and B and HHH MACWV
11502Palmetto GBAA and B and HHH MACNC
10111Palmetto GBAA and B MACAL
10211Palmetto GBAA and B MACGA
10311Palmetto GBAA and B MACTN
10112Palmetto GBAA and B MACAL
10212Palmetto GBAA and B MACGA
10312Palmetto GBAA and B MACTN

Billing and coding: diagnoses and procedure codes

Since 2019 the codes live in the companion article rather than the LCD. Billing and Coding A57021 (Billing and Coding: Cervical Disc Replacement) 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.

A57021: Billing and Coding: Cervical Disc Replacement (Billing and Coding, effective 2024-01-01)

Covered ICD-10-CM codes
20
1 group
Non-covered ICD-10-CM codes
1
Procedure codes listed
57
Full article
cms.gov record
First 20 covered ICD-10-CM codes in A57021
ICD-10-CMDescription (FY2027)
G54.2—
G54.9—
M48.02—
M50.01—
M50.021—
M50.022—
M50.023—
M50.11—
M50.121—
M50.122—
M50.123—
M50.21—
M50.221—
M50.222—
M50.223—
M50.31—
M50.321—
M50.322—
M50.323—
M53.1—

Procedure codes: 0095T, 0098T, 22856, 22858, 22861, 97010, 97012, 97014, 97016, 97018, 97022, 97024, 97026, 97028, 97032, 97033, 97034, 97035, 97036, 97039, 97110, 97112, 97113, 97116, 97124, 97129, 97130, 97139, 97140, 97150, 97151, 97152, 97153, 97154, 97155, 97156, 97157, 97158, 97161, 97162 and 17 more in the article.

Coverage indications, limitations and medical necessity

This A/B MAC considers United States Food and Drug Administration (FDA)-approved prosthetic cervical discs reasonable and necessary for the treatment of Medicare Beneficiaries with symptomatic cervical degenerative disease or herniated disc at a single level when all of the following criteria are met:

• The device is approved by the FDA AND

• The Beneficiary is skeletally mature AND

• The Beneficiary has EITHER:

• Intractable cervical radicular pain or myelopathy which has failed at least 6 weeks of conservative

non-operative treatment, including physician-directed pain management (e.g., pharmacotherapy

addressing neuropathic pain and physical therapy) OR

• Beneficiary has severe or rapidly progressive symptoms of nerve root or spinal cord compression

requiring hospitalization or immediate surgical intervention, AND

• The Beneficiary must have clinical evidence of corresponding nerve root or spinal cord compression

documented by computed tomography (CT), myelography, or magnetic resonance imaging (MRI), AND

• Cervical degenerative disc disease (CDDD) is from C3 to C7, AND

• The Beneficiary is free from absolute contraindications to cervical disc replacement (CDR) which include:

• Extreme obesity (BMI > 40 kg/m 2 )

• Significant cervical anatomical deformity

• Allergy or sensitivity to implant materials (cobalt, chromium, molybdenum, polyethylene, titanium)

• Active systemic infection or infection at the operating site

• Osteoporosis or osteopenia

• Marked cervical instability on resting lateral or flexion/extension radiographs demonstrated by

translation greater than 3.5 mm, and/or greater than 11° angular difference to that of either level

adjacent the treated level

• Severe spondylosis

• Clinically compromised vertebral bodies at affected level

• Two-level procedures performed simultaneously may be considered reasonable and necessary if there is

objective clinical evidence of radiculopathy, myelopathy or spinal cord compression at 2 corresponding

contiguous levels. A CDR device FDA-approved for 2 levels is required.

CDR is considered investigational for all other indications and conditions including:

• Disc replacement at 2 non-contiguous levels or 3 or more levels

• Combined use of an artificial cervical disc and fusion

• Prior surgery at the treated level

• Previous fusion at another level

• Any anatomical deformity (e.g., ankylosing spondylitis, trauma)

• Any autoimmune disease or rheumatoid arthritis

• Moderate to severe facet joint arthropathy at the involved level

• Metabolic bone disease (e.g., osteoporosis, Paget’s disease, osteomalacia, osteogenesis imperfecta) or taking medications known to potentially interfere with bone/soft tissue healing (e.g., steroids)

• Malignancy

• Chronic renal failure

Optimal outcomes of CDR procedures depend on the knowledge, skill and experience of the provider. Consequently, the provider performing the procedure must be capable of demonstrating documented training and experience relevant to cervical spine surgery.

Services will be considered medically reasonable and necessary only if performed by appropriately trained providers.

• All CDR procedures must be performed by a licensed qualified physician

• A licensed qualified physician for these services is defined as:

• Having trained and acquired expertise within the framework of an accredited residency or fellowship program in the applicable specialty/subspecialty (e.g., neurosurgery, orthopedic spine) or must reflect equivalent education, training and expertise endorsed by an academic institution in spine surgery or by applicable specialty/subspecialty society, and

• Is able to provide evidence of proficiency in the performance and management of CDR and CDDD.

Summary of evidence (opening)

Neck pain is highly prevalent with approximately 15-20% of adults reporting at least 1 episode during any given year with degenerative disc disease (DDD) as a frequent cause. 1 Aging is the primary risk in developing DDD. As the United States (U.S.) population ages, the incidence of CDDD has increased in kind. Though the initial treatment is typically conservative, the frequency of cervical spine surgeries in the U.S. has increased substantially, with a retrospective study finding the annual number of fusions for cervical spondylotic myelopathy increasing from 3,879 in 2003 to 8,181 in 2013. 2 The study also found that the average age of all fusion patients increased from 58.2 to 60.6 years (p 2 Disc herniation, osteophytes, or an instability that compresses the cervical spinal cord can result in myelopathy, manifested by paresthesia, pain, or weakness of the arms or hands.

Anterior cervical discectomy and fusion (ACDF) has historically been considered the definitive surgical treatment for symptomatic DDD of the cervical spine. The goals of ACDF are to relieve pressure on the spinal nerves (decompression) and to restore spinal column alignment and stability. CDR is a new surgical strategy that has recently emerged as a possible alternative to ACDF, the more commonly used decompressive procedure in the cervical spine. In CDR, an artificial disc is secured in the prepared intervertebral space rather than an interbody cage and/or bone. Since an anterior plate is not required to stabilize the adjacent vertebrae and postsurgical orthosis is not usually required, it is hypothesized that CDR’s advantage is its ability to maintain anatomical disc space height, normal segmental lordosis, and physiological motion patterns at the index and adjacent cervical level with reduced risk of adjacent-level DDD, commonly seen above or below a fusion site. 3

CDR is equivalent to ACDF for surgical treatment of CDDD in select patient groups with the advantage of preserving motion.

Mummaneni, et al. (2007) reported the results of a prospective, randomized, multi-center study in which the results of CDR with the Prestige ® ST Cervical Disc System (Medtronic Sofamor Danek) were compared with ACDF. 4 Patients with symptomatic single-level CDDD who failed at least 6 weeks of conservative treatment, or had signs of progression or spinal cord/nerve root compression with continued non-operative care, were included in the study. DDD was determined to be present if a herniated disc and/or osteophyte formation were confirmed by history and radiographic studies (e.g., CT, MRI, x-rays). A total of 541 patients were enrolled at 32 sites and randomly assigned to 1 of 2 treatment groups: (i) 276 patients in the investigational group underwent anterior cervical discectomy and decompression and replacement with the Prestige ® ST Cervical Disc System; and (ii) 265 patients in the control group underwent decompressive ACDF. A total of 80% of the arthroplasty-treated patients (223 of 276) and 75% of the control patients (198 of 265) completed clinical and radiographic follow-up (FU) examinations at routine intervals for 2 years after surgery. 4 Analysis of available post-operative 12- and 24-month data indicated a 2-point greater improvement in the neck disability index (NDI) score in the investigational group than the control group. 4 The arthroplasty group also had a statistically significant higher rate of neurological success (p=0.005), as well as a lower rate of secondary revision surgeries (p=0.0277) and supplemental fixation (p=0.0031). 4 The mean improvement in the 36-Item Short Form Health Survey (SF-36) Physical Component Summary scores was greater in the investigational group at 12 and 24 months, as was relief of neck pain. The patients in the investigational group returned to work 16 days sooner than those in the control group, and the rate of adjacent-segment re-operation was significantly lower in the investigational group as well (p=0.0492, log-rank test). 4 The cervical disc implant maintained segmental sagittal angular motion averaging more than 7 degrees. In the investigational group, there were no cases of implant failure or migration. The authors concluded that the Prestige ® Cervical Disc maintained physiological segmental motion at 24 months after implantation and was associated with improved neurological success, improved clinical outcomes, and a reduced rate of secondary surgeries compared with ACDF. 4 The FDA approved the Prestige ® Cervical Disc (Medtronic Sofamor Danek, Memphis, TN) for the treatment of single-level CDDD (C3 to C7) in 2007.

The contractor cites 21 sources in the bibliography; the full summary and analysis of evidence are in the CMS record.

Dates, lineage and related policies

Original determination effective
2019-10-28
Current revision effective
2023-04-27
Last reviewed by the contractor
2023-03-13
MCD version
13

The contractor lists one National Coverage Determination as related: NCD 150.10 Lumbar Artificial Disc Replacement (LADR). Where an NCD speaks, it controls; the LCD can only address what the NCD leaves open.

Other related documents: A57010 (Response to Comments).

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 Palmetto GBA hub lists every other active policy from the same contractor.

Frequently asked questions

What does LCD L38033 cover?

This A/B MAC considers United States Food and Drug Administration (FDA)-approved prosthetic cervical discs reasonable and necessary for the treatment of Medicare Beneficiaries with symptomatic cervical degenerative disease or herniated disc at a single level when all of the following criteria are met: 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 L38033 apply to?

Palmetto GBA applies it to Medicare claims in AL, GA, NC, SC, TN, VA, WV. 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 L38033?

The companion billing and coding article A57021 lists 20 ICD-10-CM codes in 1 group that support medical necessity and 1 that do not; the first 20 appear on this page and the complete list is in the article on cms.gov.

How do I appeal a denial under LCD L38033?

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.