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LCD L38276: Hypoglossal Nerve Stimulation for Obstructive Sleep Apnea

LCD L38276, Hypoglossal Nerve Stimulation for Obstructive Sleep Apnea, is the Local Coverage Determination that Palmetto GBA applies to claims from 7 states (AL, GA, NC, SC, TN, VA, WV), effective 2026-05-14 and first in force 2020-06-21. The policy text runs 811 words, and its billing and coding article A58075 lists 18 ICD-10-CM codes that support medical necessity for 6 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
2026-05-14
Original effective
2020-06-21
Policy text
811 words
Covered ICD-10 codes (articles)
18

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 L38276
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 A58075 (Billing and Coding: Hypoglossal Nerve Stimulation for Obstructive Sleep Apnea) 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.

A58075: Billing and Coding: Hypoglossal Nerve Stimulation for Obstructive Sleep Apnea (Billing and Coding, effective 2026-10-01)

Covered ICD-10-CM codes
18
2 groups
Non-covered ICD-10-CM codes
0
Procedure codes listed
6
Full article
cms.gov record
First 18 covered ICD-10-CM codes in A58075
ICD-10-CMDescription (FY2027)
G47.33—
Z68.18—
Z68.19—
Z68.20—
Z68.21—
Z68.22—
Z68.23—
Z68.24—
Z68.25—
Z68.26—
Z68.27—
Z68.28—
Z68.29—
Z68.30—
Z68.31—
Z68.32—
Z68.33—
Z68.34—

Procedure codes: 64582, 64583, 64584, C8007 (Open Implantation Of Hypoglossal Nerve Neurostimulator Array And Pulse Generator, Not Requiring Insertion Of A Separate Distal Respiratory Sensor Electrode Or Electrode Array), C8008 (Revision Or Replacement Of Hypoglossal Nerve Neurostimulator Array Including Connection To Existing Pulse Generator), C8009 (Removal Of Hypoglossal Nerve Neurostimulator Array And Pulse Generator).

Coverage indications, limitations and medical necessity

Hypoglossal nerve stimulation (HNS) is reasonable and necessary for the treatment of moderate to severe obstructive sleep apnea (OSA) when all of the following criteria are met:

• Beneficiary is 22 years of age or older; and

• Body mass index (BMI) is less than 35 kg/m 2 ; and

• A polysomnography (PSG) demonstrating an apnea-hypopnea index (AHI) of 15 to 65 events per hour within 24 months of initial consultation for HNS implant; and

• Beneficiary has predominantly obstructive events (defined as central and mixed apneas less than 25% of the total AHI); and

• Shared Decision-Making (SDM) between the Beneficiary, Sleep physician, AND qualified otolaryngologist (if they are not the same) who determines that the Beneficiary demonstrates continuous positive airway pressure (CPAP) failure (defined as AHI greater than 15 despite CPAP usage) or CPAP intolerance (defined as CPAP machine-derived compliance reporting with usage less than 4 hours a night for at least 70% of the nights in 1 month, or the CPAP has been returned) despite CPAP interface and/or setting optimizations.

• Confirmed absence of complete concentric collapse at the soft palate level by a drug-induced sleep endoscopy (DISE) procedure; and

• Absence of anatomical findings that would compromise performance of device (e.g., tonsil size 3 or 4 per standardized tonsillar hypertrophy grading scale).

• Use of HNS devices with United States (U.S.) Food and Drug Administration (FDA)-approval for implantation to treat OSA (e.g., Inspire ® II Upper Airway Stimulator ).

HNS is not reasonable or necessary when any 1 of the following contraindications are present:

• Beneficiaries with central and mixed apneas that make up more than one-quarter of the total AHI

• BMI 35 kg/m 2 or greater

• Neuromuscular disease

• Hypoglossal-nerve palsy

• Severe restrictive or obstructive pulmonary disease

• Moderate-to-severe pulmonary arterial hypertension

• Severe valvular heart disease

• New York Heart Association class III or IV heart failure

• Recent myocardial infarction or severe cardiac arrhythmias (within the past 6 months)

• Persistent uncontrolled hypertension despite medication use

• Acute psychiatric disease

• Coexisting non-respiratory sleep disorders that would confound functional sleep assessment

• Beneficiaries who are, or who plan to become pregnant

• Beneficiaries who are unable or do not have the necessary assistance to operate the device's external programmer

• Beneficiaries with any condition or procedure that has compromised neurological control of the upper airway

• HNS implant devices that are not compatible with magnetic resonance imaging (MRI) in Beneficiaries who require MRI

NOTE: Beneficiaries with certain HNS devices can undergo MRI of the head and extremities if certain conditions and precautions are met. Please refer to the Manufacturer Guidelines for the relevant model for more information.

Credentialing and Accreditation Standards

Provider Qualifications for HNS Implantation and Device Management

Optimal outcomes of HNS implantation procedures depend on the knowledge, skill and experience of the provider(s). Consequently, the qualified provider performing the procedure must be capable of demonstrating documented training and experience relevant to HNS implantation.

HNS-implantation services will only be considered reasonable and necessary if provided in facilities with standards of medical practice and personnel appropriate for the patient’s medical needs, risk of adverse events, and when performed by qualified providers with all of the following:

All HNS implantation procedures must be performed by a licensed qualified physician

A licensed qualified physician (MD or DO) for HNS 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., Board-eligible (BE) or Board-certified (BC) otolaryngologist ) or must reflect equivalent education, training and expertise endorsed by a relevant specialty/subspecialty society, and

Prior to implanting the system, surgeons will have received education and proctoring by an FDA-approved device manufacturer or equivalent proctoring body on device implant techniques, including cadaver training. Documentation must be available for contractor review to provide confirmation of proficiency in the performance and management of HNS implantation and the corresponding relevant devices.

The provider performing DISE shall be certified by the FDA-approved manufacturer’s second opinion service of validation via video clip submissions of at least 80% agreement in at least 15 consecutive studies. Documentation of this proficiency must be available to submit for contractor review.

Excluding routine post-op care by the implanting surgeon (e.g., initial empiric programming) , initial consultation and post-implant evaluation and management of Beneficiaries appropriate for HSN devices must be performed by BE or BC Sleep physicians with qualifications as outlined in LCD L36593 [Polysomnography] and Article A55958 [Accreditation and Credentialing Requirements for Polysomnography LCD L36593]. Additionally, sleep studies shall be performed by an accredited sleep facility as stated in LCD L36593. Please refer to the Article A55958 regarding Independent Diagnostic Testing Facility (IDTF) for additional information. BC/BE Sleep physicians must complete HNS device education and training (including hands-on operation of the external programmer) by an FDA-approved device manufacturer or equivalent proctoring body.

Summary of evidence (opening)

OSA is a common, chronic disorder characterized by recurrent narrowing and/or closure of the upper airway accompanied by intermittent oxyhemoglobin desaturation, arousal from sleep and sympathetic activation. 1,2 Sequelae include disturbed sleep, excessive sleepiness and impaired quality of life (QOL). Moderate-to-severe OSA, defined as an AHI score of 15 or more apnea/hypopnea events per hour, is an independent risk factor for insulin resistance, dyslipidemia, vascular disease, and death. 3-7 Treatment with CPAP improves disturbed sleep; however, the general effectiveness of CPAP therapy is dependent on patient acceptance of and adherence to the treatment. 8,9 There are no effective options for patients with moderate-to-severe OSA for whom CPAP is ineffective or intolerant.

HNS has demonstrated safety and efficacy

Stimulation of the hypoglossal nerve that innervates the genioglossus is now a new therapeutic option for moderate and severe cases of obstructive sleep apnea-hypopnea syndrome (OSAHS). Two types of stimulation are currently available: (a) stimulation synchronous with inspiration and (b) continuous stimulation. Delgado, et al. concluded that indication of each type of stimulation and long-term effects still need to be assessed, but the implantable nerve stimulation is a promising treatment for patients without a therapy solution so far. 10 In a multi-center, prospective, cohort study, Gillespie, et al. (2017) evaluated patient-based outcomes of subjects in a large cohort study (the Stimulation Therapy for Apnea Reduction [STAR] trial) 48 months after implantation with an upper airway stimulation (UAS) system for moderate-to-severe OSA. Patients (n = 91) at 48 months from a cohort of 126 implanted participants were included in this analysis. 11 A total of 126 subjects received an implanted UAS system in a prospective phase III clinical trial. Patient-reported outcomes at 48 months, including Epworth Sleepiness Scale (ESS), Functional Outcomes of Sleep Questionnaire (FOSQ), and snoring level, were compared with pre-implantation baseline. A total of 91 subjects completed the 48-month visit. Daytime sleepiness as measured by ESS was significantly reduced (p = 0.01), and sleep-related QOL as measured by FOSQ significantly improved (p = 0.01) when compared with baseline. Soft to no snoring was reported by 85% of bed partners; 2 patients needed additional surgery without complication for lead malfunction. The authors concluded that UAS maintained a sustained benefit on patient-reported outcomes (ESS, FOSQ, snoring) at 48 months in select patients with moderate-to-severe OSA. The authors stated that the main drawback of this study was the increased number of patients lost to follow-up at 48 months compared with 36 months (25 versus 4). Factors that influence adherence to follow-up include individual patient characteristics, social support, medical staff characteristics, and research study design. The trend of older age for those who completed follow-up versus those lost at 48 months was consistent with other trials that have noted poorer follow-up in younger cohorts, perhaps due to increased demands of work-life balance among younger subjects. With regard to medical staff, loss of a principal investigator and study-site support accounted for 20% of follow-up loss at 48 months. This trial, like many other multi-year trials, experienced greater loss of follow-up after 3 years. They noted that ongoing follow-up is needed to determine the natural product life of the device components.

In a prospective, multi-center, single-arm study, Steffen, et al. (2018) reported objective and patient-reported outcome after 12 months of implantation. Consecutive patients who received the UAS system (Inspire ® Medical Systems, Inc., Minneapolis, MN) were enrolled in 3 German centers. 12 Key study exclusion criteria included BMI greater than 35 kg/m 2 , AHI less than 15 or greater than 65, or complete concentric collapse at the soft palate during sedated endoscopy. Data collection at 6- and 12- month visit include home sleep test and patient-reported outcome measures. Among the total of 60 participants, the median AHI reduced from 28.6 to 9.5 from baseline to 12 months. Patient-reported outcome measured in ESS and FOSQ both improved significantly from baseline to 12 months. The average usage time was 39.1 ± 14.9 hours per week among all participants based on recordings by the implanted device; 1 patient requested a removal of the device for cosmetic and other personal reasons and was completed without sequelae. The authors concluded that the findings of this study supported that UAS is a safe and effective therapeutic option for patients with OSA in routine clinical practice. However, the level of evidence was limited (IV) as this was an uncontrolled study with relatively small study with short-term follow-up.

The contractor cites 20 sources in the bibliography; the full summary and analysis of evidence are in the CMS record.

Dates, lineage and related policies

Original determination effective
2020-06-21
Current revision effective
2026-05-14
Last reviewed by the contractor
2026-05-05
MCD version
12

The contractor lists 3 National Coverage Determinations as related: NCD 160.7 Electrical Nerve Stimulators, NCD 240.4 Continuous Positive Airway Pressure (CPAP) Therapy For Obstructive Sleep Apnea (OSA), NCD 240.4.1 Sleep Testing for Obstructive Sleep Apnea (OSA). Where an NCD speaks, it controls; the LCD can only address what the NCD leaves open.

Other related documents: A58070 (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 L38276 cover?

Hypoglossal nerve stimulation (HNS) is reasonable and necessary for the treatment of moderate to severe obstructive sleep apnea (OSA) 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 L38276 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 L38276?

The companion billing and coding article A58075 lists 18 ICD-10-CM codes in 2 groups that support medical necessity; the first 18 appear on this page and the complete list is in the article on cms.gov.

How do I appeal a denial under LCD L38276?

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.