Opting out of Medicare
Recently, I was asked if a chiropractor has to be a Medicare provider?
The answer is "yes" - but don't shoot me, I'm only the messenger!
Since January 2004, the Centers for Medicare and Medicaid Services (CMS) established that it is illegal for a chiropractor to opt out of Medicare. A medical doctor or doctor of osteopathy can opt out of Medicare.
What does it mean to opt out of Medicare? If an M.D. or D.O. opts out of Medicare, it means that, although they are treating a patient with Medicare insurance, they are not accepting Medicare's payment for the services. As a chiropractor, if you see a Medicare patient, then you must not only abide by all rules, regulations and payment schedules for manipulation of the spine, but you must also file a claim for the patient.
Often I will be told by the new practitioner that they are going to have a cash only practice. While this seems ideal on the surface, it is not always practical. Furthermore, if you see a Medicare patient, then you must file the claim for the manipulation of the spine if it is active care.
Can a chiropractor just not see Medicare patients?
Sure, as long as you do not discriminate based on sex, color, creed or sexual orientation. BUT WHY? Consider that there are currently 80 million baby boomers in the United States. They will soon be Medicare recipients.
Do you want to eliminate a significant base of patients and future referrals, because you do not want to deal with Medicare?
Consider also that if National Health Care becomes a reality, what type of health insurance model do you think the U.S. government will choose? The apple doesn't fall far from the tree - now every man, woman and child has a Medicare-type insurance.
I personally find it very rewarding to treat elderly patients. They frequently will break down crying in thanks for the pain relief they have gained through chiropractic.


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Dr. Fucinari - There is much confusion in this area. I talked to a billing specialist at a convention a few weeks ago and she gave me incorrect information about opting out....so chiropractors beware! Even some experts get this wrong!
One question then to follow up. How does this all work then with a patients supplemental insurance. Once you bill Medicare, is the supplement automatically billed or is that something the doc needs to do as well. And is there any "opting" out of that process?
Thanks for the blog....helps me understand!
Posted by: Mike Whitmer | July 20, 2008 at 06:53 AM
Dear Mike,
You bring up several key points. First, never completely trust what a vendor tells you. Some may know their stuff, but others may say anything to make a sale. One recent encounter I had with a vendor was for cold-light laser. The vendor told me I could code it as a massage code since I was rubbing the laser on the patient. Not unless I want to be roommates with Bubba!
If the doctor is a participating physician with Medicare, and Medicare communicates to that secondary insurance carrier, Medicare will automatically send the information over to the secondary carrier. An example would be AARP. Medicare automatically sends the information over to AARP so the patient does not have to file the secondary. This is called Medigap.
If the doctor is a non-participating physician classification with Medicare, then the patient files the secondary insurance themselves. As physicians, we have to file the Medicare insurance for the patient, but not the secondary insurances. Some doctors will file it for the patient; others will print out a claim form and give it to the patient to mail themselves.
Posted by: Mario Fucinari DC | July 26, 2008 at 04:58 PM
Dr. Fucinari
Where can I find info on how to submit claims to medicare? I just filed for my NPI. Do I need any software to file them electronically or can I send them in the mail?
Secondly, Is it legal to have a patient pay at the time of service and also give them a superbill to submit to their insurance company for reimbursement?
Posted by: Matt | May 04, 2009 at 12:05 PM
You can find how to submit info to Medicare on your carrier's website. You can file claims electronically or on paper via mail. When you begin filing electronically, you must be HIPAA compliant the day you first file electronically. You MUST file a claim for a Medicare patient, whether you are a Par or non-Par doctor. You cannot give a superbill to the patient for covered services.
First, apply to Medicare using the 855i form available on the Medicare website. You will not be able to file any claims until your application is processed (3-5 months), however you can still see the Medicare patients, keep their claims on hold until you are approved, then file all of them once you are approved. Don't forget that if you are incorporated, you need a type 1 and a Type 2 NPI number. If you incorporated, you must also file as an individual and as a corporation with Medicare.
Posted by: Mario Fucinari DC | May 04, 2009 at 03:42 PM
Ok thanks. I wasn't clear when I asked the superbill question. Can I give a superbill to a non-medicare patient to submit to their carrier for insur reimbursement?
thanks
Posted by: Matt | May 04, 2009 at 04:03 PM
You can have the patient file the superbill themselves if you want a "cash" arrangement. This is not allowed for Medicare, Medicaid and certain PPO contracts, so check your PPO contracts first
Posted by: Mario Fucinari DC | May 04, 2009 at 04:19 PM
I'm applying to become a medicare provider. I have an LLC where I am the only member/manager. Do I still need to file a type 1 AND a type 2 NPI number?
Posted by: Heather | January 04, 2011 at 03:10 PM
Heather,
As a corporation, you are an employee of that corporation. As such, your NPI Type One number will go on the claim form as the physician who performed the service (Line 24J). The payment is then made to the corporation, which requires a NPI Type Two number. Therefore, you will need both Type One and a Type Two numbers. In fact, the IRS reports information to CMS telling them that you are operating as a corporation. If you fail to get a Type Two number, all payments will cease to you.
Posted by: Mario Fucinari DC, MCS-P | January 10, 2011 at 01:08 PM