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I couldn't find anything dated 2009, but I did find some info from a couple of years ago. The L30XX codes are not payable. There are (or were, at that time), A55xx codes for diabetic patients to prevent or treat diabetic foot ulcers. They are not covered for any other reason.

In my opinion, if you did not have the patient sign an ABN, you should not bill the patient. Since these orthotics are sometimes covered, I don't think you could argue that they are never covered and therefore an ABN is not necessary. YMMV.

Hopefully this will help you in your search.

EDIT: I found this January 2009 document that has links to policy in it. I didn't read the links, but I believe they will tell you what you need to know.