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Medicare Advance Beneficiary Notice (ABN): 2023 Updated Rules and Guidelines

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Starting from June 30th, you must use the new Medicare Advance Beneficiary Notice (ABN) form. This form is a written notice that you give to patients when you expect that Medicare will not pay for certain items or services. This webinar will explain the details and rules of Medicare ABNs. It can be confusing to know when you need to issue an ABN and whether it is mandatory or voluntary. If you submit the incorrect forms or make mistakes, you may face Medicare audits and penalties. In this live webinar, Expert David J. Vaughn, ESQ. will show you how and when to use the mandatory and voluntary ABN forms correctly and compliantly.

Many other payers also have similar forms and rules, so the compliance strategies you will learn in this session can apply to them as well. To protect you from unexpected charges and help you make informed decisions about your health care, Medicare requires providers, suppliers, and facilities to give you a written notice called an Advance Beneficiary Notice (ABN) before they provide items or services that Medicare may not cover. Medicare ABN is a liability waiver form and helps you avoid unpaid claims and protect your practice from serious financial and compliance risk.

Learning Objectives:
  • When an ABN must be used
  • When an ABN may be used as a courtesy
  • When an ABN should not be used
  • How to apply ABN modifiers
  • What rights the patient has when filling out the ABN
  • What if I don’t receive an ABN?
  • Know the patient / provider financial rights and responsibilities
  • Know how to properly use ABN Modifiers (GA, GX, GY, and GZ)
  • What are Non-Medicare ABNs and when to use them
Areas Covered in the Session:
  • What is an ABN?
  • What’s New Since Last Year?
  • Types of ABN
  • When to Issue ABN?
  • What Services Do ABNs Apply To?
    • Part A – Inpatient
      • Hospital, Hospice, Home Health Agencies
    • Part B – Outpatient
      • Physicians, SNFs, Home Health Agencies
  • What Form Do You Use?
    • Physicians – CMS-R-131
    • SNFs – ABN for Part B; CMS-10055 is Part A
    • Hospitals
      • HINN – 1 – Entire hospital stay non-covered
      • HINN – 10 – Hospital requests Quality Improvement Organization to review discharge decision (can be use for MA)
      • HINN – 11 – Non-covered items during covered stay
      • HINN – 12 – Non-covered continued stay
  • Which CMS-R-131 Form to Use?
  • How MUEs affect ABNs
  • ABNs use in the Emergency Room
  • Use of ABNs to Unbundle Charges
  • How LCDs affect ABNs
  • Filling Out the ABN
  • Use of ABNs to shift liability to patients who have exceeded Medicare frequency limits
  • Additional Considerations
  • Patient options on the ABN form
    • Issues with Option 1 – Bill Medicare
    • Benefit of Option 2 – Don’t Bill Medicare
  • Qualified Medicare Beneficiaries (QMBs)
  • Other Uses of ABNs
  • Prior Experiences with Option 2
  • Courtesy ABNs
  • Required vs. Courtesy ABNs
  • Multiple Entities Providing Care
  • Routine ABNs
  • Prohibited Use of ABNs
  • ABNs for Extended Treatment
  • Electronic vs. Paper ABNs
  • What if the Patient Changes their Mind?
  • What is the Patient Refuses to Sign?
  • What happens if the ABN is filled out incorrectly?
  • Collecting Patient Payments
  • How Long the ABN Must be Kept?
  • What are the refund rules if Medicare pays even though you have a signed ABN
  • Modifiers
    • GA – use when you have a mandatory ABN
    • GX – use when you issue a courtesy ABN for items Medicare never covers; combine with GY
    • GY – use for statutorily non-covered items; use with GX
    • GZ – use when you expect Medicare to deny and you didn’t get an ABN
    • GK – use when upgrading a piece of equipment
    • GL – same as GK but you didn’t get an ABN
  • Things Medicare Never Pays
  • Do Medicare Advantage programs use ABNs
  • Can you use ABNs with Medicare prescription drug plans, and what ABN form must be used
  • Coercion
Suggested Attendees:
  • Physician practices
  • Medical providers, who are involved in the payment process of their practice
  • C-level executives
  • Office staff and Billing Managers
  • Medical Billing Companies
  • Hospital Revenue Cycle Staff
  • Physicians and Nurses
  • Physician Assistants
  • Nurse Practitioners
  • Medical Assistants
  • Practice Manager
  • Office Managers
  • Medical Biller, Coders and Auditors
  • CDI Specialists
  • Collection Staff
  • Compliance Officers
  • Patient Accounts Personnel
  • Medical record supervisors
  • Health Information Management Administrators and Technicians
  • Other Personnel Interested in Medicare Program and Payment System
Presenter Biography:

David Vaughn, JD, CPC is one of the top healthcare attorneys in the United States who is the founding member of Vaughn & Associates, LLC. He graduated from Mississippi College with Special Distinction (Magna Cum Laude) in 1974, graduated from LSU Law School in 1977, and has been a certified coder since 1999. David has served on the Legal Advisory Board of the AAPC and has written several coding and compliance books and manuals. He is also a national speaker on the legal implications of billing and coding. He also has a national healthcare law practice, and has represented over 2,000 physicians in approximately 40 states in over 10 physician disciplines. His practice consists of representing providers in federal and state prosecutions, qui tam cases, and Medicare and third-party payer audits. He also conducts audits and provides education to providers.


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