The 2016 Physician's Guide to Opting Out of Medicare

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    Opting Out ofMedicare

    AAPSThrive – Not Just Survive XXIV Workshopa!!as" Te#as$%&'$&'$()

    *a+rence ,- .untoon" M--" Ph--Association of A/erican Ph0sicians and Surgeons

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    Reasons for

    Opting Out ofMedicare

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    Physician Burnout Climbs 10% in 3 Years!its ""%

    #Professional burnout among $ physicians hasreached a dangerous le&el 'ith more than halfof physicians a(ected according to the results

    of a )01* national sur&ey across &ariousmedical specialties and practice settings+Compared 'ith responses from a similar sur&eyin )011 burnout and satisfaction 'ith 'or,-lifebalance ha&e 'orsened dramatically e&enthough 'or, hours ha&e not increased o&erall+.

    Physician Burnout Climbs 10% in 3 Years !its ""%

    By /iana 'ift

    Medscape eurology/ecember 1 )01"

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    Physician Burnout#he pre&alence of burnout is higher in

    physicians than in other professions and isespecially high in neurologists+ Physicianburnout encompasses 3 domains2 1(2 emotional ehaustion2 the loss of interest andenthusiasm for practice4 1'2 depersonali5ation2a poor attitude 'ith cynicism and treatingpatients as ob6ects4 and 132  careerdissatisfaction2 a diminished sense of personalaccomplishment and lo' self-&alue+ Burnout

    results in reduced 'or, hours relocationdepression and suicide+ 4urned&outph0sicians har/ patients 5ecause the0!ack e/path0 and /ake errors-6

    Ph sician Burnout2 7 eurolo ic Crisis

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    ;!Rs are a Ma6or Contributing

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    ncreasing Bureaucracy isa Ma6or Contributor

     o

    Physician Burnout

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    Medicare

    Obstructs mpedes andnterferes

    'ith

    early ;&ery 7spect

    Of 

     he Practice of Medicine

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    # 'ould really lo&e to Opt Out ofMedicareD

    B$ really canEt do it in my areaD amsurrounded by competitors all of 'homparticipate in MedicareDand all of myMedicare patients 'ill lea&e and go tomy competitors if Opt Out and 'ill beout of business+.

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     he Pin,y oe 7pproach to OptingOut

    ?est the 'ater temperature by dipping yourpin,y toe in the 'ater before di&ing into thepool@

    Conduct a brief 'ritten Surve0 of Medicarepatients as they come into your oFce+

    Surve0 ser&es a dual purpose G helps to

    educate your patients about ho' the Medicarebureaucracy ad&ersely a(ects them andinforms them about the substantial bene=ts ofbeing treated by an Opted Out /octor+

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     he Medicare bureaucracy is increasingly forcing ourphysicians to spend more and more time onadministrati&e reHuirements that ha&ing nothing to do'ith pro&iding you 'ith Huality medical care+ pendingmore time on bureaucracy means spending less time'ith indi&idual patients+ Medicare also coercesphysicians to ser&e as agents for rationing medical careso as to sa&e the go&ernment money+ he MedicareProgram obstructs impedes and interferes 'ith our

    ability to pro&ide our patients 'ith good care+ Ourphysicians do not 'ant to ser&e as agents of rationing forthe Medicare program+ n order to be able to pro&ide you'ith timely indi&iduali5ed care and the face-to-face time'ith your physician you deser&e our oFce is

    considering re6ecting this go&ernment abuse of ourpatients and opting out of the Medicare program+ Optingout of Medicare means that you 'ould pay reasonablefees out of poc,et and not be able to obtainreimbursement from Medicare for the ser&ices our optedout physicians pro&ide+ 7ll other labs tests radiologicstudies and hospital care 'ould be co&ered by the

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    Medicare Patient Surve01+ 1+ n &ie' of the fact that go&ernment

    interference in medicine 'ill continue to

    restrict our ability to pro&ide you 'ith theHuality care you deser&e 'ould you be'illing to recei&e higher Huality carepro&ided by an opted out physicianJ 7ny

    CommentsJ)+ n &ie' of the fact that you are already

    paying substantial Medicare deductibles andco-pays out- of-poc,et for go&ernment-

    rationed care 'ould you be 'illing to pay alittle more out-of-poc,et to recei&e bettercareJ ?getting in to see our physiciansooner and ha&ing more face-to-face time'ith our physician so that all of your

    Huestions and concerns can be appropriately

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    pending More ime 'ith Patients as an OptedOut hird-Party-

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    Ris,

    Of

    Prosecution Prison

    7nd

    Ruinous

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    Reco&ery 7udit Contractors ?R7Cs@

    ?Pri&ate Bounty !unters@

    Kone Program ntegrity Contractors?KPCs@ G loo,ing for crimes

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    ;(ects of ObamaCare

    ncreased federal sentencing guidelines by )0-"0% for crimes o&er 1 million in losses

    ncreased license chec,s and site &isits for

    physicians deemed to be high ris, for fraud andabuse

    CM implemented ad&anced predicti&e

    modeling technology to detect fraud

    Pro&ided an additional 3"0 million o&er 10years to boost anti-fraud e(orts

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    pending More

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    LR

    /efeated?7 Cause for CelebrationJ@

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    mall practices li,ely to be NlosersE underM7CR7http2medicaleconomics+modernmedicine+commedical-economicsne'ss

    mall-practices-li,ely-be-losers-under-macra 

    #CM estimates that :% of the nationEs solo practices?nearly 103000 physicians@ 'ill face a penalty in )01

    the =rst year of the program to the tune of 300 million+ he ne's is eHually as pessimistic for practices of t'o tonine physicians ?an estimated 1)*000 physicians@ 'hocould see penalties to the tune of ) million.

     

    #here are 'inners and losers Qin M7CR7 and smallerpractices are more li,ely to be the losers. 9und toldMedical ;conomics+ #t appears the proposed rule 'ouldcreate a penalty system 'here the big guys Qlargerpractices 'ill be funded by the little guys+.

      mall Practices 9i,ely to be NlosersE under M7CR7  By Seith 9+ Martin

    http://medicaleconomics.modernmedicine.com/medical-economics/news/small-practices-likely-be-losers-under-macrahttp://medicaleconomics.modernmedicine.com/medical-economics/news/small-practices-likely-be-losers-under-macrahttp://medicaleconomics.modernmedicine.com/medical-economics/news/small-practices-likely-be-losers-under-macrahttp://medicaleconomics.modernmedicine.com/medical-economics/news/small-practices-likely-be-losers-under-macra

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    ObamaCareM7CR7 7genda

    9i,e ObamaCare M7CR7 is designed to

    eliminate solo physician and small grouppractices and force physicians intohospital employment andor large 7COs+

     he goal is to eliminate fee-for-ser&icemedicine and replace it 'ith 7COssub6ect to go&ernment control+

    Centrali5ed go&ernment control ofmedicine is the ultimate ob6ecti&e+

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    A) Page Proposed Rule by CM ?

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    M7CR7 G 7pril 1A )01"?Medicare 7ccess and C!P Reauthori5ation 7ct of )01"@

    10A+ Reducing administrati&e burdenand other pro&isions

    ection 1:0)?b@?3@ of the ocial ecurity 7ct?*) $++C+ 13"a?b@?3@@ is amendedT

    ?/@ 7pplicable )-year periods for e(ecti&enessof aFda&its

    ?1@ nde=nite continuing automaticetension of opt out election

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    Physicians Can o'

    Permanently Opt Out ofMedicareUUUr-.untoon8s O9ce

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    7lso physicians 'hose aFda&itsare recei&ed after 8une 1A )01" no

    longer ha&e to rene' pri&ateMedicare contracts e&ery t'oyears+

    #ection 10A?a@ of M7CR7 indicates that &alid opt-outaFda&its signed on or after 8une 1A )01" automaticallyrene' e&ery t'o years+ herefore physicians andpractitioners that sign opt-out aFda&its on or after 8une

    1A )01" 'ill no longer be reHuire to =le rene'alaFda&its or ha&e their patients sign 'ai&ers Qpri&atecontracts e&ery t'o years+.

     ami,a 9yons

    CM Region OFce

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    :actors to ;onsider in Making OptOut ecision

    :inancia! ;onsiderations21+ eed to consider the total re&enue eHuation2

      Lross Re&enue G ;penses V et Re&enue

    )+ eed to loo, at type of ser&ices you pro&ide patient

    population and ma,e an assessment about ability to

    collect

    directly from your patients

    3+ f you elect to stay in Medicare need to consider thecost of you and your sta( ,eeping up 'ith e&er-changing Medicare rules and regulations and thecost of =ling and handling Medicare claims W appealsrelati&e to re&enue generated

    *+ f you decide to Opt Out may be helpful to =nd#niche. ser&ices if possible and need to thin, aboutho' to de&elop a mar,eting campaign to inform

    patients of the bene=ts of seeing an Opted Out

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    M7CR7

    Ihat 'ill !appen to PhysiciansIho Remain in MedicareJ

    Price Controls G P7B

    7lternati&e Payment Models GCapitation on teroids

    ?ObamaCare 7COs G money paid to

    7lternati&e Payment Models ot tondi&idual Physicians@

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    Merit-Based ncenti&e Program

    ?Iill Replace ;!R Meaningful $se and

    Physician Xuality Reporting ystem ?PXR@

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    $nder Merit-Based ncenti&eProgram Physicians Iill be7ssigned a Composite Performancecore ?Minimal Re'ards@

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    Non&:inancia! ;onsiderations2

    1+  he freedom and pleasure of practicing medicineagain

    instead of practicing bureaucracy ?Sic, the #Lorilla.out of 

      your ;am Room@ G happiness replaces physician

    burnout

    )+ Positi&e patient eperience and protecting patientpri&acy

    3+ o fear of ruinous =nes or prison time for inad&ertentcoding

      errors or running afoul of some obtuse Medicare la'rule

    regulation ?Medicare bounty hunters G R7Cs andKPCs no

    longer a 'orry@*+ impli=cation G Opt Out physicians need not use any

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    n ma,ing your decision about

    opting out of Medicare you shouldchec, all of your contracts andhospital byla's to insure that there

    are no conicts+

    f you are unsure as, an attorney

    to re&ie' your contracts and anyother legal documents that may bepertinent+

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    Procedure for Opting Out ofMedicare

    Non&Participating ph0sicians can opt outof Medicare an0 ti/e during the 0ear- Acop0 of the opt out a9davit /ust 5eprovided to the Medicare carrier1s2 no!ater than ($ da0s after the $ da0 grace period after

    +ithdra+ the opt out a9davit- 4e sure tocheck other contracts and a9!iations ou

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    Participating Ph0sicians can only opt

    out four times during the year+

     he Medicare contractor must recei&ethe opt out aFda&it one month beforethe beginning of net calendar Huarter?8an 1 7pr 1 8ul 1 Oct 1@+

    /eadlines for carrier recei&ing opt outaFda&it2 March 1st 8une 1st eptember1st and /ecember 1st+

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    Opt Out Ph0sicians ProvidingServices in @rgent or /ergenc0

    Situations

    An Opt Out ph0sician cannot /ake a ne+contract +ith a Medicare patient in an

    urgent or e/ergenc0 situation-

    An Opt Out ph0sician +ho providesservices in an urgent or e/ergenc0

    situation can

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    ;arly ermination of Opt Out• ot ha&e pre&iously opted out of Medicare

    Must notify all Medicare carriers oftermination of opt out no later than 0 daysafter e(ecti&e date of opt out

    • Must refund to each bene=ciary 'ith 'hompractitioner has pri&ately contracted allamounts collected in ecess of the Medicarelimiting charge

    • Must notify all bene=ciaries 'ith 'homphysician entered into pri&ate contracts of

    termination of opt out and bene=ciariesErights to ha&e claims =led on their behalf forser&ices pro&ided during opt out period

    Physician is then reinstated to his prior

    Medicare status as if there had been no opt out

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     7ou can do+n!oad step&50&stepinstructions for Opting Out" the Opt OutA9davit" Private ;ontracts for @se +ith

    Patients" Sa/p!e *etters Infor/ingPatients of 7our ecision to Opt Out" and

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    Ihat 7bout !ospitali5ations 9absRadiology ests upplies and !ome!ealth CareJ

    Physicians 'ho are currently in the Medicaresystem either as a participating or non-participating physician 'ho opt out ofMedicare ha&e an P and are in the P;COdatabase generally  should ha&e no troubleha&ing Medicare pay for hospitali5ations labsradiology ser&ices or home health care ser&ices

    ebsite to +hec to 'ee i ,hysician is in

    ,+'

    http://www.oandp.com/pecos/

    http://www.oandp.com/pecos/http://www.oandp.com/pecos/

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    Medications and Referrals topecialists are Lenerally ;cludedfrom the Ordering and ReferringRule

    !o'e&er Opted Out PhysiciansIho /o ot !a&e an P Cannot

    Let Part / /rugs Co&ered byMedicare

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    Physicians 'ho ha&e ne&er enrolled in Medicaredo not ha&e to enroll in Medicare in order toOpt Out

    7lso for physicians 'ho are not enrolled inMedicare or are Opted Out and not in theP;CO database there is a special abbre&iated

    enrollment form G CM :""0 G you can use toenroll in Medicare for the sole purpose ofordering and referringhttps2'''+cms+go&MedicareCM-

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    f an Opt-Out pro&ider elects to order and refer ser&icesMedicare contractors must de&elop for the follo'inginformation through an additional information reHuest2

    Z 7n P ?if one is not contained on the aFda&it&oluntarily@4

    Z Con=rmation if an OFce of nspector Leneral ?OL@eclusion

    eists ?if not contained on the 7Fda&it@4Z /ate of Birth4 and

    Z ocial ecurity umber ?if not contained on the7Fda&it@+

    f the abo&e information is not obtained the opt-outpro&ider 'ill not be able to order and refer ser&ices+ fthe opt-out pro&ider refuses to report the informationlisted immediately abo&e then the opt-out pro&idercannot order and refer but the failure to report this

    additional information does not a(ect the pro&iderEs right

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    77P also o(ers hri&e G ot 8$ur&i&e eminars a couple of times

    per year at di(erent locationsthroughout the country ?77P hadbeen running these 'or,shops for 1*

    years@

    ee2 77Ponline+org for

    Registration and Course /etails7 ta-deductible donationto our 77P ;ducational

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    Tips for Opting OutB1+ tart at least A months in ad&ance of

    beginning of Opt Out period+ his pro&ides

    time to inform patients of changes and timefor your sta( to ad6ust+

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    f You !a&e peci=c Xuestions

    7bout Opting Out of Medicare or ransitioning to a hird-Party-