Changes to Medicare’s Physician Opt-Out Affidavit Requirements

The Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) made changes to the physician opt-out affidavit requirements.

To the relief of many practitioners, the MACRA simplified the opt-out process. Physician opt-out affidavits signed on or after June 16, 2015, will automatically renew every 2 years. If the practitioner does NOT want their opt-out to be automatically renewed at the end of the two year opt-out period, they would have to cancel the renewal by notifying the Medicare Administrative Contractor (MACs) with which they filed an affidavit least 30 days prior to the start of the next opt-out period. All cancellations must be in writing.

Opt-out affidavits signed before June 16, 2015, however, follow the prior rule — namely, opt-out affidavit will expire in 2 years and their extension will require a new affidavit being submitted to all the MACs to which the practitioners submitted the original opt-out affidavit.

For more information on this requirement, enrollment, revalidation, or if you have other health law questions, please contact our office.