Medically Reviewed by Sarah Goodell on February 16, 2024
Written by Teresa BeardNavigating health care has its challenges. For starters, finding the right providers to get the treatment you need can be difficult. Dealing with insurance companies adds another layer of complexity and frustration, and so does finding accurate and accessible information about all of the intricacies of Medicare.
An Advance Beneficiary Notice, also known as a waiver of liability or Medicare waiver, is issued by medical providers to Medicare recipients, warning that services might not be covered. The ABN formally and legally transfers liability for payment of services to the Medicare recipient instead of Medicare. Your doctor may ask you to sign an ABN stating that if you receive treatment from them, it may not be covered by Medicare. Your signature doesn't automatically mean you'll have to pay for the service, as Medicare may still need to review the claim.
You'll only receive an ABN if you have Original Medicare, which consists of Part A (hospital insurance) and Part B (doctor’s visits, medical equipment, ambulance service). If you have a Medicare Advantage plan from a private health insurance company, you won't receive an ABN for any service or treatment. The Medicare Advantage plan will determine whether or not the service is covered.
Medicare controls the exact information on those ABNs. If Medicare's rules aren't followed, you may not be responsible for payment. Every ABN requires specific information, including:
In addition to this information, other rules govern ABNs, too. The form, for instance, has to be a single page or less, with attachments allowed for specific services. The information on the form must be legible, and your provider is required to make sure that you can read it and understand it. They're also required to answer all of your questions about it.
Providers can't issue an ABN to anyone who’s under duress or in emergency medical situations. If you have a stroke, for example, you can't be presented with an ABN while being rushed to the hospital or while you're in the emergency room.
Often called an Advance Beneficiary Notice of Noncoverage, an ABN can't be presented by a provider immediately before an appointment or procedure. You're required to have time to consider all of your options.
If the ABN you're given doesn't follow these specific rules to the letter, you may not be liable for payment even if Medicare denies your claim.
When you receive an ABN, you'll be given three options. You'll have to check the box next to the appropriate option, then sign and date the notice. Your options are:
If you choose Option 1 and Medicare denies the claim and you believe the item or service should be covered, you have the option to appeal the decision. To file an appeal, you must:
You'll generally receive a decision within 60 days. If your items or services are going to be covered, the information will be listed on your next MSN.