The BBA of 1997 permits a physician or practitioner to opt out of Medicare and enter into private contracts with Medicare beneficiaries if specific requirements are met. When a physician/practitioner "opts out" of Medicare, no services provided by that individual will be covered or reimbursed by Medicare. Nor will any reimbursement be issued to a Medicare beneficiary for items or services provided by a physician/practitioner who has opted out of the program. If a physician/practitioner "opts out" of the Medicare program, it must be for a two-year period. In addition, the physician/practitioner cannot choose to opt out of Medicare for some Medicare beneficiaries but not others; or for some services but not others. Medicare Program Integrity Manual (Pub. 100-8), Chapter 10 (Provider Enrollment), Section 11.7 http://www.cms.hhs.gov/manuals/downloads/pim83c10.pdf and Medicare Benefit Policy Manual (Pub. 100-2) http://www.cms.hhs.gov/manuals/Downloads/bp102c15.pdf , Chapter 15 (Covered Medical and Other Health Services), Section 40.9 provide guidelines for the provider to “opt-out” of the Medicare Program. In order to “opt-out”, a provider must submit a copy of an affidavit to: Medicare Part B Provider Enrollment Refer to Chapter 15, Section 40.9 http://www.cms.hhs.gov/manuals/Downloads/bp102c15.pdf for key information that must be contained in the affidavit.
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