Call 212-AGING-NYC (212-244-6469) and ask for HIICAP
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• “Non-Participating” providers still have a relationship with the Medicare program, but they can
choose to either “accept assignment” or “not accept assignment” on each claim. If you learn
that a provider is non-participating, ask, “Will the doctor accept assignment for my claim?”
➢ If a provider accepts assignment, he or she will accept Medicare’s approved amount for
a particular service and will not charge you more than the 20% co-insurance (for most
services), after you have met the Part B deductible.
➢ If a provider does not accept assignment, the charges are subject to a “Limiting Charge,”
which is an additional charge over the Medicare-approved amount. The Federal Limiting
Charge is 15%. Some states, including New York, have lower limiting charges. In NY, if a
physician does not accept assignment for a particular service, they can charge no more
than 5% above what Medicare allows for that service, with the exception of home and
office visits, where the charge can be up to the 15% Federal limiting charge.
o NOTE: It is common for providers who do not accept assignment to request
payment at the time of services. The provider will submit the claim to Medicare
and Medicare will reimburse the beneficiary for the 80%.
• Providers who “Opt Out” of the Medicare program must enter into a “private contract” with any
Medicare beneficiary who seeks their treatment. They will set a fee for each specific service, and
you agree to pay the costs, understanding that Medicare will not pay the doctor or reimburse you,
and that the provider is not limited by Medicare as to how much they can charge. A Medicare
supplement policy (Medigap) will not pay any of these costs either. You are still covered by
Medicare for services by other providers, even if they may be referred by the opt-out provider.
Advance Beneficiary Notice of Non-Coverage
There is no prior authorization in Original Medicare (with very limited exceptions). If Medicare
considers a service medically necessary, it will pay for the service. If Medicare denies a service as not
medically necessary, the beneficiary is not responsible to pay for the service unless they have been
notified in advance by the provider using the Advance Beneficiary Notice.
If a provider thinks that Medicare might not consider a service “medically necessary,” and therefore
not approve a claim, the provider may present you with an “Advance Beneficiary Notice of Non-
coverage (ABN)” form. The form must specify the service in question, and a specific reason why the
service may not be paid by Medicare. It must also include a place for you to sign as proof that you
understand and accept responsibility to pay for the service. You are not responsible to pay unless
you signed a valid ABN. The ABN does not apply to services never covered by Medicare (e.g., hearing
aids), which are always your responsibility. You retain appeal rights, even with a signed ABN. See
page 13 for a sample ABN.
Medicare Summary Notice
Beneficiaries are encouraged to sign up to receive electronic Medicare Summary Notice (e-MSN)
information online. Otherwise, a Medicare Summary Notice (MSN) statement will be mailed
quarterly to each Medicare beneficiary for whom a Part A and/or Part B claim was submitted by a
provider who accepts Medicare assignment. For claims from providers who do not accept Medicare
assignment, an MSN will be mailed as the claims are processed,
along with a check to the beneficiary.
The MSN also contains information on how you can appeal Medicare claim denials.
Beneficiaries can also call 1-800-MEDICARE or log on to their account on medicare.gov for their