In response to a letter from AAPS, the CMS sent the following reply:
Ask you Congressman and Senators to demand an answer from CMS (see sample letter)
Center for Medicare and Medicaid Services
7500 Security Blvd.
Baltimore, MD 21244And/Or to Medicare carrier (see link above)
To Whom It May Concern:
The law that established Medicare guaranteed that the federal government would not interfere with the right of citizens to consult the physician of their choice. It did not require that any physician had to enroll in Medicare or accept payment from Medicare.
CMS has forms for doctors to use in order to disenroll from Medicare, and Form 1490S for beneficiaries to file for reimbursement of fees paid to physicians who are voluntarily not enrolled in Medicare (i.e. who have not been excluded as a penalty). This payment goes to patients, not to physicians. It is the patient’s benefit, not the physician’s. The patient is enrolled in Part B, but the physician is not.
Please confirm that (1) you will not attempt to penalize physicians for disenrolling and continuing to serve patients who may be Medicare beneficiaries without filing a claim, and (2) you will reimburse patients who file CMS Form 1490S. Alternately, cite the statute or properly enacted regulation that you construe as justification for your policy. In particular, cite any law that requires physicians to be enrolled in Medicare, and any law that allows them to file a claim if they are not enrolled (and thus do not have billing “privileges”), and any law that denies Medicare beneficiaries the right to spend their own money for the medical care of their choice.
Sincerely, Rep. (Sen.) _____________________________________
Ask your Congressman or Senator to send you a copy of the letter, and the reply, and please copy to AAPS at 1601 N. Tucson Blvd. Suite 9, Tucson, AZ 85716.
