Medicare Opt Out Form PDF: A Comprehensive Guide

Opting out of Medicare requires submitting a specific affidavit to your Medicare Administrative Contractor (MAC), alongside establishing private payment agreements with patients.
The necessary affidavit and a CMS-approved private contract template are readily available as downloadable PDF documents from resources like NGS Medicare.
These forms ensure compliance with regulations, allowing practitioners to bill patients directly, bypassing Medicare claims for covered services during the opt-out period.
Understanding Medicare Opt-Out
Opting out of Medicare is a significant decision allowing certain healthcare professionals to relinquish their right to bill Medicare for their services. This means patients become directly responsible for the full cost of care, without Medicare reimbursement. It’s a formal process governed by specific regulations outlined by the Centers for Medicare & Medicaid Services (CMS).
This isn’t a simple withdrawal; it necessitates a legally binding agreement – a private contract – between the provider and each Medicare beneficiary they continue to treat. This contract explicitly states the provider won’t submit claims to Medicare, and the patient acknowledges their financial responsibility. The process begins with submitting a detailed Opt-Out Affidavit to the relevant Medicare Administrative Contractor (MAC).
Successfully navigating this requires understanding the implications for both provider and patient, ensuring full transparency and legal compliance. The Medicare website and MAC resources provide essential guidance and downloadable forms, like the private contract template, to facilitate a smooth and lawful opt-out process.
Who Can Opt-Out of Medicare?
Generally, physicians, practitioners, and suppliers enrolled as Part B providers are eligible to opt-out of Medicare. This includes a wide range of healthcare professionals who routinely bill Medicare for their services. However, not all provider types qualify; specific rules apply based on profession and enrollment status.
Crucially, all providers within a group practice must either opt-in or opt-out collectively; partial opt-outs aren’t permitted. Furthermore, providers subject to certain sanctions or investigations may be ineligible. Before submitting the Opt-Out Affidavit, verifying eligibility with your regional Medicare Administrative Contractor (MAC) is essential.
Those considering this path should review CMS guidelines carefully. The decision impacts billing practices and patient relationships. Understanding the specific requirements for your provider type, and ensuring compliance with all regulations, is paramount for a successful and legally sound opt-out process, utilizing the correct PDF forms.
Reasons for Opting Out of Medicare
Healthcare providers choose to opt-out of Medicare for various reasons, often stemming from financial or practice philosophy considerations. A primary driver is the desire to establish direct patient relationships and bypass perceived administrative burdens associated with Medicare billing.
Some practitioners believe they can offer more personalized care or specialized services outside the Medicare framework. Others may find Medicare reimbursement rates insufficient to cover their practice costs, preferring a direct-pay model. This allows for setting fees reflecting their perceived value and expertise.
Opting out also appeals to those seeking greater autonomy in treatment decisions, free from Medicare’s coverage limitations. However, it’s vital to understand the implications, including the necessity of private contracts and patient awareness of out-of-pocket costs, documented via the correct PDF forms.
The Opt-Out Affidavit Process
Opting out involves completing the Medicare affidavit form, ensuring accuracy, and submitting it to your designated Medicare Administrative Contractor (MAC) via certified mail.
Obtaining the Medicare Opt-Out Affidavit Form
Securing the Medicare Opt-Out Affidavit Form is the initial step in formally declaring your intention to withdraw from Medicare participation. This crucial document isn’t universally available in a single location; instead, it’s obtained through your specific Medicare Administrative Contractor (MAC).
Each of the twelve regional MACs manages the form distribution within their designated territories. A direct download is often available on the MAC’s website. For example, NGS Medicare provides a readily accessible PDF version.
Alternatively, you can request the form directly from your MAC via phone or through their online contact channels. It’s vital to ensure you’re using the correct form version applicable to your region and specialty.
Downloading from the official MAC website is generally recommended to guarantee you have the most current and accurate version of the affidavit, minimizing potential processing delays or rejections.
Completing the Affidavit Form Accurately
Meticulous completion of the Medicare Opt-Out Affidavit Form is paramount to a successful opt-out process. Errors or omissions can lead to rejection and continued Medicare billing obligations. The form requires detailed information, including your National Provider Identifier (NPI), Medicare provider number, and practice address.
Pay close attention to the sections requiring your signature and date, as these legally bind your commitment to the opt-out agreement. Ensure all information aligns precisely with your Medicare records. Double-check for typos and inconsistencies.
Specifically, accurately indicate the effective date of your opt-out, allowing sufficient time for processing by your MAC. Review the form’s instructions carefully before completing each section.
Consider having a colleague review the completed form before submission to catch any overlooked errors, ensuring a smooth and compliant opt-out experience.
Submitting the Affidavit to Your MAC
Proper submission of the completed Medicare Opt-Out Affidavit is crucial for its acceptance. The affidavit must be sent to your designated Medicare Administrative Contractor (MAC) – the specific MAC depends on your geographic location.
Crucially, the affidavit cannot be submitted electronically via fax or email. It must be mailed via U.S. Certified Mail with return receipt requested. This provides verifiable proof of delivery to the MAC.
Retain a copy of the completed affidavit and the certified mail receipt for your records. Locate your regional MAC’s address through the CMS website or resources like NGS Medicare.
Confirm the correct mailing address before sending, as misdirected submissions can cause delays. Allow sufficient processing time after mailing, as the MAC needs to review and approve your opt-out request.

Certified Mail Requirement for Submission
The utilization of U.S. Certified Mail is a non-negotiable requirement when submitting your Medicare Opt-Out Affidavit to your respective Medicare Administrative Contractor (MAC). This stringent rule exists to ensure a documented and verifiable record of your submission.
Standard mail, fax, or electronic submissions are explicitly prohibited; only Certified Mail with a return receipt request will be accepted. The return receipt serves as official proof that the MAC received your affidavit.
Retain both a copy of the completed affidavit and the certified mail receipt as essential documentation for your records. This proof is vital should any questions arise regarding your opt-out status.
Failing to adhere to this requirement could result in delays or rejection of your opt-out request, potentially leading to continued Medicare billing obligations.
Private Contracts with Medicare Patients

Establishing private contracts with Medicare patients is crucial when opting out, confirming they’ll pay directly for services and you won’t bill Medicare.
The Necessity of Private Contracts
When a healthcare provider chooses to opt-out of Medicare, the law mandates the implementation of private contracts with existing Medicare beneficiaries. These contracts aren’t merely suggested; they are a fundamental requirement for legally providing services while outside the Medicare system.
The primary purpose of these agreements is to clearly define the financial arrangement between the provider and the patient. Specifically, the contract must explicitly state that the provider will not submit any claims to Medicare for the services rendered. In return, the patient acknowledges and agrees to be fully responsible for paying the provider directly for all charges.
Without a valid, signed private contract on file before providing services, the provider risks being held liable for improperly billing Medicare, even unintentionally. This could lead to significant penalties and legal repercussions. The contract serves as documented proof of a mutually understood agreement, protecting both the provider and the patient.
These contracts can be formatted on the provider’s letterhead or utilize a standardized template, such as the one provided by NGS Medicare, ensuring all necessary elements are included for legal validity.
Key Elements of a Valid Private Contract
A legally sound private contract with Medicare patients, essential when opting out, must contain specific elements to ensure compliance. Foremost, it must explicitly state the provider will not bill Medicare for any services provided to the patient.
Crucially, the contract needs a clear acknowledgment from the patient accepting full financial responsibility for all charges. This includes a defined payment arrangement – how and when payment is expected. The contract should also detail the scope of services covered under the agreement.
Furthermore, a valid contract must be entered into before any services are rendered. It should be written in plain language, easily understandable by the patient, and signed and dated by both parties.
CMS guidelines (Publication 100-02, Chapter 15, 40.8) outline these criteria. Utilizing the CMS-approved template, available as a PDF, helps guarantee all necessary components are included, minimizing potential legal issues and ensuring a smooth opt-out process.
CMS-Approved Private Contract Template
The Centers for Medicare & Medicaid Services (CMS) provides a standardized template for the private contract required when a provider opts out of Medicare. This template, available in PDF format, is designed to ensure all legally necessary elements are included, protecting both the provider and the patient.
You can readily access this crucial document through resources like NGS Medicare’s website (https://www.ngsmedicare.com/documents/20124/121641/529_0309_MedicarePrivateContractForm_FF.pdf/6978c8fe-bc14-0e59-492f-dbcf3a3a3245?t1611698980243).
The template clearly outlines the agreement that the provider will not submit claims to Medicare, and the patient assumes full financial responsibility for all services rendered. It includes spaces for patient and provider signatures, dates, and a detailed description of the services covered.
While providers can use their own letterhead, utilizing the CMS-approved template is strongly recommended to guarantee compliance with all Medicare regulations and avoid potential complications during audits or reviews.
Patient Agreement to Pay Directly
A cornerstone of the Medicare opt-out process is securing a clear agreement from each patient acknowledging their responsibility for direct payment of services. This agreement, formalized within the private contract, explicitly states that the provider will not bill Medicare for the care provided.
Patients must understand they are relinquishing Medicare benefits for services rendered by the opting-out provider and will be fully liable for all associated costs. The contract should detail the payment arrangements, including accepted methods and any applicable fees.
This agreement isn’t merely a formality; it’s a legal safeguard for both parties. A properly executed contract demonstrates the patient’s informed consent and protects the provider from potential Medicare recoupment claims.
Using the CMS-approved template (available as a PDF) ensures the agreement contains all necessary clauses and adheres to Medicare’s stringent requirements, fostering a transparent and legally sound patient-provider relationship.

Emergency and Urgent Care Exceptions
Despite opting out, providers can bill Medicare for emergency or urgent care services, as defined by CMS guidelines in the IOM Medicare Benefit Policy Manual.
Services Covered Under Emergency Situations
Even after submitting a Medicare opt-out affidavit and establishing private contracts with beneficiaries, certain medical services remain covered by Medicare, regardless of your provider status.
These specifically pertain to emergency situations, defined as conditions presenting an immediate threat to life or limb, or causing severe pain or suffering.
Medicare will cover services necessary to evaluate and stabilize an emergency medical condition, even if provided by a provider who has opted out of the program.
This coverage extends to emergency department visits, ambulance transportation, and related diagnostic tests or treatments essential for addressing the acute emergency.
However, it’s crucial to understand that this exception doesn’t permit billing for non-emergency services rendered during the same encounter; only the emergency component is eligible for Medicare reimbursement.
Providers must adhere to proper coding and documentation practices to accurately reflect the emergency nature of the services provided, ensuring appropriate claim submission and processing.
Defining Urgent Care Services
Alongside emergency care, Medicare also provides coverage for certain urgent care services, even when a provider has opted out of the program and is operating under private contracts with patients.
Urgent care addresses conditions that require prompt medical attention but do not pose an immediate threat to life or limb, as defined within the Medicare Benefit Policy Manual.
These services typically involve the diagnosis and treatment of acute illnesses or injuries that are non-life-threatening, such as infections, minor fractures, or sprains.
However, the scope of covered urgent care services is narrower than that of emergency care, and specific criteria must be met for Medicare reimbursement.
Providers must carefully document the urgent nature of the condition and the medical necessity of the services provided to justify Medicare coverage.
It’s essential to consult the Centers for Medicare & Medicaid Services (CMS) Internet-Only Manual (IOM) for detailed guidance on defining and coding urgent care services appropriately.
Limitations on Billing Medicare for Emergency/Urgent Care
Even after opting out of Medicare and establishing private contracts, providers are still permitted to bill Medicare for emergency and, to a lesser extent, urgent care services rendered to beneficiaries.
However, strict limitations apply to this billing, ensuring that the opt-out status primarily governs routine care while maintaining access to necessary immediate medical attention.
Providers cannot bill for emergency or urgent care if they haven’t first informed the patient they have opted out of Medicare and the patient agrees to pay directly.
Billing Medicare for these services requires adherence to specific coding guidelines and documentation requirements outlined in the Medicare Benefit Policy Manual.
The provider must clearly demonstrate the emergency or urgent nature of the condition and the medical necessity of the services provided.
Failure to comply with these limitations can result in claim denials and potential penalties, emphasizing the importance of accurate billing practices.
MAC (Medicare Administrative Contractor) Information
Medicare Administrative Contractors (MACs) are crucial for the opt-out process; affidavits must be submitted to your regional MAC via certified U.S. mail.
Locating Your Regional MAC
Identifying your correct Medicare Administrative Contractor (MAC) is a foundational step in the opt-out process. The United States is divided into twelve distinct MAC regions, each responsible for processing claims and handling opt-out affidavits for specific geographic areas.

To determine which MAC serves your location, you can utilize the Medicare & Medicaid Services (CMS) website. A comprehensive list of all twelve MACs, along with their corresponding jurisdictions and detailed contact information, is readily available online.
This resource provides essential details such as the MAC’s mailing address for submitting the opt-out affidavit via certified mail – a mandatory requirement. Accurate identification of your MAC ensures your affidavit reaches the correct processing center, preventing delays or potential rejection of your opt-out request.
Furthermore, each MAC often has a dedicated webpage with specific instructions and resources tailored to providers within their region, including downloadable forms and frequently asked questions regarding the opt-out process.

Contacting Your MAC for Assistance
Should you encounter any uncertainties or require clarification during the Medicare opt-out process, directly contacting your regional Medicare Administrative Contractor (MAC) is highly recommended. Each MAC provides multiple avenues for provider support, ensuring accessibility and efficient assistance;
Typically, you can reach your MAC through a dedicated provider hotline, offering real-time guidance from knowledgeable representatives. Additionally, most MACs maintain comprehensive websites with extensive FAQs, downloadable resources, and detailed instructions regarding the opt-out affidavit and private contract requirements.
Many MACs also offer online portals for secure communication and submission of inquiries. Utilizing these resources can streamline the process and address specific concerns related to your individual circumstances. Don’t hesitate to seek assistance if you are unsure about any aspect of the opt-out procedure, ensuring full compliance with Medicare regulations.
MAC Responsibilities in the Opt-Out Process
Medicare Administrative Contractors (MACs) play a crucial role in facilitating the opt-out process, ensuring adherence to established guidelines and maintaining accurate provider records. Upon receiving a properly completed opt-out affidavit – submitted via certified mail, as required – the MAC is responsible for verifying the information provided.
This verification process confirms the provider’s eligibility to opt-out and updates the Medicare system accordingly, preventing future claims submissions from that provider for services covered under the opt-out agreement. The MAC also maintains a record of the opt-out period, ensuring accurate tracking and compliance.
Furthermore, MACs are obligated to provide providers with confirmation of their opt-out status and offer assistance with any related inquiries. They serve as a primary point of contact for navigating the complexities of the opt-out process and ensuring a smooth transition to private payment arrangements.

Important Considerations Before Opting Out
Opting out impacts patient relationships and finances; carefully assess these changes, alongside legal compliance, before submitting the affidavit and initiating private contracts.
Impact on Patient Relationships
Opting out of Medicare fundamentally alters the financial dynamic with existing patients, potentially straining relationships if they are unprepared for out-of-pocket costs.
Transparent communication is crucial; proactively discuss the implications with beneficiaries before submitting the opt-out affidavit and implementing private contracts.
Explain that Medicare will no longer cover services, and they will be directly responsible for payment, ensuring they understand the new financial arrangement.
Some patients may struggle with the change, potentially seeking care elsewhere, so be prepared for potential attrition.
Maintaining open dialogue and demonstrating a commitment to continued care, despite the altered billing process, can help preserve these vital connections.
Clearly outlining payment expectations in the private contract is essential to avoid misunderstandings and maintain trust throughout the provider-patient relationship.
Financial Implications of Opting Out
Opting out of Medicare shifts the financial burden of care directly to patients, requiring them to pay out-of-pocket for services previously covered by Medicare.
While this can potentially lead to higher revenue for the practitioner, it also introduces the risk of reduced patient volume as some beneficiaries may be unable or unwilling to afford direct payment.
Practices must carefully assess their patient demographics and the potential impact on their income stream before making a decision.
Implementing a clear and transparent fee schedule is vital, and offering potential payment options could help mitigate financial barriers for patients.
Consider the administrative costs associated with private billing and contract management, which may offset some of the increased revenue.
A thorough financial analysis, including projected patient attrition and billing expenses, is crucial for informed decision-making.
Legal and Compliance Aspects
Opting out of Medicare necessitates strict adherence to legal and compliance requirements to avoid penalties and ensure a smooth process.
The Opt-Out Affidavit must be accurately completed and submitted via U.S. certified mail to the relevant Medicare Administrative Contractor (MAC), as faxed or emailed submissions are not accepted.
Maintaining valid, signed private contracts with all Medicare beneficiaries is paramount; these contracts must explicitly state the patient’s responsibility for direct payment.
Providers must refrain from billing Medicare for any services provided to patients under a private contract arrangement.
Compliance with CMS guidelines regarding emergency and urgent care services is essential, as these may still be subject to Medicare billing rules.
Regularly review CMS updates and regulations to ensure continued compliance and avoid potential legal ramifications.

Re-Enrollment Process if Desired
If a provider wishes to re-enroll in Medicare after opting out, a specific re-enrollment process must be followed, distinct from the initial opt-out procedure.
Typically, this involves submitting a new Medicare enrollment application, often the CMS-855 form, to the appropriate Medicare Administrative Contractor (MAC).

The re-enrollment application requires detailed information about the provider’s practice, including Tax Identification Number (TIN), National Provider Identifier (NPI), and specialty.
Providers may need to demonstrate that they meet current Medicare enrollment criteria, including licensing and credentialing requirements.
A waiting period applies after submitting the re-enrollment application before billing Medicare for services rendered.
It’s crucial to verify the current re-enrollment procedures with your MAC, as requirements can change, ensuring a seamless return to Medicare participation.
