Medicare opt-out contract

MEDICARE PRIVATE CONTRACT

IN COMPLIANCE WITH 42 U.S.C. §1395a; 42 C.F.R. § 405, SUBPART D


This contract is entered into by and between _______________________ (hereinafter called “practitioner”), whose principal medical office is located at _____________________ and _____________________________ (hereinafter called “beneficiary”), who resides at ______________________________, and shall become effective on this __ day of _____________, 20__ and shall expire on the __ day of _____________, 20__ (the “opt out period”), unless otherwise renewed in accordance with the 42 U.S.C. 1395a; 42 C.F.R. 405, Subpart D.


Physician Obligations

The practitioner acknowledges that he or she is excluded from Medicare under sections 1128, 1156, 1892 or any other section of the Social Security Act.

The practitioner acknowledges that this contract shall not be entered into with the beneficiary, or the beneficiary's legal representative, during a time when the beneficiary requires emergency care services or urgent care services, except that the practitioner may furnish emergency or urgent care services to a Medicare beneficiary in accordance with 42 C.F.R. § 405.440.

The practitioner acknowledges that he or she must retain this contract (with original signatures of both parties to this contract) for the duration of the opt-out period, and that it shall be made available to the Centers for Medicare and Medicaid Services (CMS) upon request.

The practitioner shall provide a copy of this contract to the beneficiary, or to his or her legal representative, before items or services have been furnished to the beneficiary under the terms of this contract.

The practitioner acknowledges that he or she must enter into a contract for each opt-out period.


Beneficiary Obligations

The beneficiary, or his or her legal representative, accepts full responsibility for payment of the practitioner's charge for all services furnished by the practitioner.

The beneficiary, or his or her legal representative, understands that no payment will be provided by Medicare for items or services furnished by the practitioner that would have otherwise been covered by Medicare if there was no private contract and a proper Medicare claim had been submitted.

The beneficiary, or his or her legal representative, understands that Medicare limits do not apply to what the practitioner may charge for items or services furnished by the practitioner.

The beneficiary, or his or her legal representative, agrees not to submit a claim, nor ask the practitioner to submit a claim, to Medicare for Medicare items or services, even if such items or services are otherwise covered by Medicare.

The beneficiary acknowledges that this written private contract contains sufficiently large print to ensure that the beneficiary is able to read this contract.

The beneficiary, or his or her legal representative, has entered into this contract with the knowledge that he or she has the right to obtain Medicare-covered items and services from physicians and practitioners who have not opted-out of Medicare and for whom payment would be made by Medicare for their covered services, and that the beneficiary has not been compelled to enter into private contracts that apply to other Medicare-covered services furnished by other physicians or practitioners who have not opted-out.

The beneficiary, or his or her legal representative, understands that Medigap plans do not, and other supplemental plans may elect not to, make payments for items and services not paid for by Medicare.

The beneficiary, or his or her legal representative, understands that this agreement shall not be entered into with the practitioner during a time when the beneficiary requires emergency care services or urgent care services, except that the practitioner may furnish emergency or urgent care services to a Medicare beneficiary in accordance with 42 C.F.R. § 405.440.

The beneficiary, or his or her legal representative, acknowledges that a copy of this contract has been provided to the beneficiary, or to his or her legal representative, before items or services have been furnished to the beneficiary under the terms of this contract.

[Optional provision, not required by Medicare to be included in the affidavit]: I understand that during the opt-out period, a Medicare Advantage plan may not by law make any payments to the practitioner for any Medicare items and services furnished to the beneficiary under this contract.


_____________________________

Name of Practitioner (printed)


_____________________________ ______________________

Signature of Practitioner Date


_____________________________ ______________________

Principal Office Address Telephone Number


_____________________________

National Provider Identifier


_____________________________

Name of Beneficiary (printed) or His/Her Legal Representative


_____________________________ ______________________

Signature of Beneficiary or Date

His/Her Legal Representative


____________________________ ______________________

Home Address Telephone Number