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Follow these Medicare ABN rules for peace of mind

Don’t get caught by services that Medicare usually covers, but may not pay, so pay attention to the Medicare ABN form and what patients...

Don’t get caught by services that Medicare usually covers, but may not pay, so pay attention to the Medicare ABN form

Since chiropractors cannot opt out of Medicare, the Advance Beneficiary Notice (ABN) is a commonly-used form in chiropractic offices. Its importance is often underestimated, and implementation is poorly executed.

The ABN protects both the patient and doctor from unexpected liability for charges associated with claims for services that Medicare usually covers but may not pay in a particular circumstance. When used correctly, Medicare-eligible patients can make informed decisions about their financial responsibility related to otherwise-covered treatment. However, if this critical piece of Medicare compliance is not in place, the practice is left vulnerable to a variety of issues including limitation on collections, and even sanctions.

There are specific rules about when the ABN must be presented to the patient and what information must be included. ABNs can be divided into two categories: mandatory and voluntary.

The mandatory ABN form

The ABN form is mandatory when the doctor expects that an otherwise-covered service (for DCs, that’s the spinal adjustment, 98940-98942) may be denied as being not medically necessary. According to the Medicare Benefits Policy Manual, maintenance therapy is defined as “a treatment plan that seeks to prevent disease, promote health, and prolong and enhance the quality of life; or therapy that is performed to maintain or prevent deterioration of a chronic condition.”

The doctor may determine that even though the patient’s treatment may not meet Medicare’s definition of “medically necessary,” the care is still clinically appropriate. The ABN form allows the doctor to collect payment from the patient directly and gives the patient three options:

Patients should not be forced into choosing a particular option or be given a form where a selection has already been made for them. Once completed and signed, the ABN is valid for up to one year or until the patient’s condition changes due to an exacerbation of the current complaint, or there is a new illness/injury which is called a “triggering event.”

The voluntary ABN form

Statutorily-excluded services, those services that Medicare never covers when ordered or delivered by a chiropractor such as E/M services, X-rays or therapeutic modalities, are not subject to the mandatory ABN. There is no requirement stating that the office has to present the patient with an ABN form for these services.

It’s good business to ensure that your patients understand their financial responsibility, but using the official ABN form from Medicare can expose you to unnecessary rules. The regulations dictate that if you elect to use the official ABN for voluntary notice, the patient can’t be asked to sign it and they can’t choose an option. For this reason, we encourage practices to utilize a different form of notice. Even writing an explanation on your office letterhead and presenting it along with your financial policy will suffice. This notice will include all the services that Medicare never covers and should be distinct from your mandatory ABN.

Not a work-around

We are aware of some providers who decide to execute their version of “opt-out” by telling patients they are not enrolled in Medicare and that if they want to be seen in the office, they must sign this ABN and pay cash. The office will not bill the Medicare administrative contractor on their behalf. This is a violation of the Mandatory Claims Submission Act of 1990 and a violation of the opt-out rule that affects chiropractors.

If you are not enrolled, that means you can’t touch Medicare patients, even for an excluded service, unless the patients have exercised their right to control their Protected Health Information in your office. If you are not enrolled in Medicare, don’t use an ABN form. It’s a mistake you don’t want to make.

Commonly-seen ABN issues

Poorly-written ABNs are often the result of a lack of training and understanding of Medicare requirements. It’s never a good idea to borrow a sample ABN form from your buddy down the street or from a random internet search since many lack key elements that customize it for your office.

Here are some things to look for in your ABN form:

‘Always being a nuisance’

The only permitted alterations to the ABN form are the ones mentioned above. Once your office has the proper form in place, it is important to train your staff on its use.

Encourage patients to ask questions and review all of their options so that they can make an informed decision. Because the language of the ABN may be confusing to some beneficiaries, it is important to make sure they are clear on its intended purpose and meaning.

Although the Advance Beneficiary Notice may seem like it’s “Always Being a Nuisance,” it can help to financially protect your office from unpaid claims and ensure that you are staying compliant with Medicare’s regulations.

KAREN SEDORE, DC, CPCO, is a coach/specialist with KMC University with more than 10 years of experience working in the chiropractic profession and can be reached at KMCuniversity.com.

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