What’s Changed?
We made significant updates to the language, order, and formatting of this product to better meet provider needs and improve understanding. Specifically, we:
- Revised the form to the new Advance Beneficiary Notice of Non-coverage (ABN)
- Updated the tutorial on how to complete the new form
Using the ABN Tutorial
Select any field for details on how to complete each ABN section.
Quick Start
The Advance Beneficiary Notice of Non-coverage (ABN) (CMS-R-131) helps your patients make informed decisions about an item, a test, a service, or care that Medicare usually covers but may not in specific situations—for example, when the item, test, service, or care isn’t medically necessary.
When health care providers and suppliers expect Medicare to deny coverage for a service it generally covers, they must issue an ABN to transfer the financial liability to the patient. These providers and suppliers include:
- Physicians, providers (including institutional providers like outpatient hospitals), practitioners, suppliers, independent labs, skilled nursing facilities, and home health agencies providing Medicare Part B (outpatient) items, tests, services, or care
- Hospice providers, home health agencies, and religious nonmedical health care institutions providing Medicare Part A (inpatient) items, tests, services, or care
This educational tool shows health care providers and suppliers how to correctly complete an ABN form. In this ABN tutorial, “you” refers to the provider or supplier issuing the form; on the ABN form, “you” refers to the patient signing it.
Requirements
You must issue an ABN:
- When an item, a test, a service, or care isn’t reasonable and necessary under Medicare Program standards, including an item, a test, a service, or care that:
- Isn’t indicated for the diagnosis or treatment of illness or injury or to improve the functioning of a malformed body member
- Is experimental and investigational or considered research only
- Exceeds the number of services allowed in a specific period for that diagnosis
- When providing custodial care
- When outpatient therapy services aren’t medically reasonable and necessary
- If you’re a hospice provider, before caring for a patient who isn’t terminally ill
- If you’re a home health provider, before caring for a patient who isn’t confined to the home or doesn’t need intermittent skilled nursing care
- Before providing a preventive service we usually cover but don’t cover in specific situations when services exceed frequency limits
- If you’re a DMEPOS supplier, before providing a Medicare item, test, or service we won’t cover because:
- The provider accepted prohibited unsolicited phone contacts
- You haven’t met supplier number requirements
- You’re a noncontract supplier who provides an item listed in a competitive bidding area
- The patient wants the item or service before the advance coverage determination
Therapy Modifiers
Use the GA modifier to show you issued an ABN as required per payer policy for therapy services that aren’t medically reasonable and necessary. Use the KX modifier to show the services are medically necessary and justified in the medical record documentation. Don’t use modifiers GA and KX together. Therapy Services has more information, including an FAQ.
We may hold you financially liable if you don’t give the patient an ABN in these situations.
Don’t use an ABN for Medicare Advantage (Part C) or Medicare drug plan (Part D) items and services.
You don’t need to notify the patient before you provide an item, a test, a service, or care that isn’t a benefit or is never covered. The Medicare Claims Processing Manual, Chapter 30, section 20.2 lists items, tests, services, and care Medicare doesn’t cover. However, we recommend issuing a voluntary ABN or a similar notice as a courtesy to alert the patient about their financial liability.
An ABN is valid if you:
- Use the most recent version approved by the Office of Management and Budget (OMB)
- Complete the entire form
- Ensure the patient understands the notice
An ABN remains effective after valid delivery if:
- The care described on the original ABN hasn’t changed
- The patient’s health status hasn’t changed in a way that would require a change in the subsequent treatment of the non-covered condition
- The Medicare coverage guidelines for the item, test, service, or care in question haven’t changed
Note: If any of these conditions change during the treatment, you must issue a new ABN.
What If the Patient or Their Representative Refuses to Choose an Option or Sign the ABN?
If the patient or their representative refuses to choose an option or sign the ABN, note the refusal on the original ABN. You can list refusal witnesses, but it’s not required. If a patient refuses to sign a properly issued ABN, consider not providing the item, test, service, or care unless the consequences (health and safety of the patient or civil liability in case of harm) prevent it.
ABN Tutorial
In this tutorial, select any field for details on how to complete each ABN section.
Entities who issue ABNs are collectively known as “notifiers” and can include physicians, practitioners, providers (including labs) and suppliers, and utilization review committees.
Go to the ABN Tutorial
Download the Advance Beneficiary Notice of Noncoverage (ABN), Form CMS-R-131
Patient name
You must enter the patient’s first and last name and include a middle initial if it appears on their Medicare card. We won’t invalidate the ABN because of a misspelling or missing initial if the patient or representative recognizes the name listed on the notice as the patient’s.
Identification number
This field is optional. Having no identification number doesn’t invalidate the ABN. You may enter a patient identification number that links the notice with a related claim, and you may create an internal filing number, like a medical record number. Don’t list MBIs or SSNs on the notice.
Notifier name, Notifier address, Notifier phone (including TTY)
You must place the notifier’s name, address, and phone number (including TTY number, when needed) at the top right of the notice. You can add this information to your logo at the top of the notice by typing, writing, preprinting, using a label, or other means.
If you and the billing entity aren’t the same, you can list more than 1 notifier if you specify in the Additional Information section whom we should contact with billing questions.
Item, test, service or care
You must list the specific item, test, service, or care you believe we won’t cover in the first blank column.
In a partial denial case, you must list the excess components of the item, test, service, or care you expect we’ll deny.
Put general descriptions of specifically grouped supplies in this column. For example, “wound care supplies” is enough to describe a group of items used to provide this care. We generally don’t require an itemized list of each supply.
When you reduce a service, you must provide enough information for the patient to understand what’s being reduced. For example, we consider “wound care supplies decreased from weekly to monthly” enough to describe a frequency decrease for this supply category; just writing “wound care supplies decreased” isn’t enough.
Reason Medicare may not pay
In this column, you must explain, in patient-friendly language, why you believe we may not cover the listed items, tests, services, or care. Three common non-coverage reasons are:
- Medicare doesn’t pay for this test for your condition
- Medicare doesn’t pay for this test this often (the test is denied as too frequent)
- Medicare doesn’t pay for experimental or research use tests
For the ABN to be valid, you must list at least 1 reason for each item or service in the “Item, test, service or care” column. You can use the same non-coverage reason for multiple items when appropriate.
Estimated cost
You must complete the “Estimated cost” column to ensure the patient has all the information they need to decide whether to get potentially non-covered services.
You must make a good faith effort to list a reasonable dollar estimate for all items or services in the “Item, test, service or care” column. However, we generally accept estimates that substantially exceed the actual cost, since it won’t harm the patient if actual costs are less than predicted.
Notifiers can bundle routinely grouped items or services into a single cost estimate. For example, you may give a single cost estimate for a group of lab tests, like a basic metabolic panel. We accept an average daily cost estimate for long-term or complex projections.
You may also preprint a menu of items or services in the “Item, test, service or care” column and include a cost estimate beside each item or service.
If a situation involves possible additional tests or procedures (like lab reflex testing) and you can’t reasonably estimate those test costs at the ABN delivery, you may enter the initial cost estimate and indicate possible further testing. If you can’t reasonably estimate the cost at the ABN delivery, you may indicate in the “Estimated cost” column that no cost estimate is available. Although you shouldn’t routinely omit cost estimates, the patient has the option of signing the ABN and accepting liability in these situations.
Choose ONE option below. We can’t choose for you.
The patient, or their representative, must choose 1 of the 3 options listed. We don’t allow you to make this selection for them. If the patient is physically unable to enter their selection, you may do so for them and annotate the notice to indicate this happened.
Special guidance for people who are dually enrolled in both Medicare and Medicaid (have Qualified Medicare Beneficiary (QMB) Program or Medicaid coverage) ONLY:
You must instruct the patient to check ABN Option Box 1 so you can submit the claim for Medicare adjudication. Strike through Option Box 1 language as shown here:
□ OPTION 1. I want the item, test, service or care listed above, and I want Medicare to be billed for an official decision on payment, which I’ll get on a Medicare Summary Notice (MSN). You can ask to be paid now. I understand that if Medicare doesn’t pay, I’m responsible to pay, but I can appeal to Medicare by following the directions on the MSN. If Medicare does pay, you’ll refund any payments I made to you, minus co-pays or deductibles.
We require these edits because you can’t bill dually eligible patients, pending Medicare and Medicaid adjudications, when you offer an ABN. This is because federal law affects dually eligible patient coverage and billing.
If we deny a claim when you needed an ABN to transfer financial liability to the patient, cross the claim over to Medicaid or submit it for adjudication based on state Medicaid coverage and payment policy. Medicaid will issue a remittance advice based on this determination. Once Medicare and Medicaid adjudicate the claim, you may charge the patient only in these circumstances:
- If the patient has QMB coverage without full Medicaid coverage
- If the patient has full Medicaid coverage and Medicaid denies the claim (or won’t pay because you don’t participate in Medicaid), subject to state laws that limit patient liability
Note: The patient doesn’t need to check an option box or sign and date the notice when you issue the ABN as a voluntary notice.
Option 1
The patient wants to get the item, test, service, or care listed and accepts financial responsibility if we don’t pay. They agree to pay now, if required. You must submit a claim to Medicare that results in a payment decision the patient can appeal. If the patient needs a Medicare claim denial for secondary insurance to cover the service, advise them to select Option 1.
Option 2
The patient wants to get the item, test, service, or care listed and accepts financial responsibility. They agree to pay now, if required. When the patient chooses this option, you don’t file a claim and they don’t have appeal rights.
When the patient requests in writing that you not submit a claim, you don’t violate mandatory claim submission rules under section 1848 of the Social Security Act by not submitting one.
Option 3
The patient doesn’t want the item, test, service, or care in question, and you can’t charge them for items, tests, services, or care listed. You don’t file a claim, and the patient doesn’t have the right to appeal.
Additional information
You can use this space to clarify what you believe is useful to patients. You may include:
- A statement advising the patient to notify their provider about certain tests that were ordered but the patient didn’t get
- Information on other patient insurance coverage, like a Medigap policy
- An additional dated witness signature
- Other necessary annotations
We assume you make annotations on the same date that appears on the signature line. If you make annotations on different dates, make those dates part of the annotations.
Special guidance for non-participating suppliers and providers (those who don’t accept Medicare assignment) ONLY:
Strike the last sentence in the Option 1 paragraph with a single line so that it appears like this: If Medicare does pay, you’ll refund any payments I made to you, minus co-pays or deductibles.
You can’t entirely conceal or delete this sentence; you must strike it. When you strike this sentence, include this CMS-approved unassigned claim statement in the “Additional Information” section:
“This supplier doesn’t accept payment from Medicare for the item(s) listed in the table above. If I checked Option 1 above, I’m responsible for paying the supplier’s charge for the item(s) directly to the supplier. If Medicare does pay, Medicare will pay me the Medicare-approved amount for the item(s), and this payment to me may be less than the supplier’s charge.”
You can include this statement on ABNs printed for unassigned items and services, or you can legibly handwrite it.
Signature
The patient (or their representative) must sign the notice to indicate they got it and understand its contents. The signature should be in cursive, with printed annotation if needed to be understood. If a representative signs for the patient, they should write “representative” in parentheses after their signature. The representative’s name should be clearly legible or noted in print.
Date
The patient (or their representative) must write the date they signed the ABN. If the patient has physical difficulty writing and requests help with completing this field, you may write the date for them.
Resources
Disclaimers
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