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Can a Doctor Charge More Than Medicare Allows? Understanding Excess Charges

4 min read

According to the KFF, over 98% of doctors accept Medicare’s approved amount, but the answer to the question, 'can a doctor charge more than Medicare allows?', is a qualified yes in specific scenarios. Understanding these rules is crucial for managing your out-of-pocket healthcare costs as a Medicare beneficiary.

Quick Summary

Some providers can bill you up to 15% more than the Medicare-approved amount if they are 'non-participating,' an extra fee known as an excess charge. Your costs depend on the provider’s billing status, your state's laws, and whether your Medigap policy covers these charges.

Key Points

  • Provider Types Matter: The potential for a doctor to charge more than Medicare allows depends on whether they are a participating, non-participating, or opt-out provider.

  • Excess Charges Defined: A "non-participating" provider can charge up to 15% more than the Medicare-approved amount, an extra fee called an excess or limiting charge.

  • Opt-Out Providers: Doctors who opt out of Medicare can charge any amount they choose, and Medicare will not pay anything for their services.

  • State Protections: Eight states—Connecticut, Massachusetts, Minnesota, New York, Ohio, Pennsylvania, Rhode Island, and Vermont—legally prohibit providers from billing excess charges.

  • Medigap Coverage: Medigap plans F and G offer coverage that pays for Medicare Part B excess charges, providing a safety net for beneficiaries.

  • How to Avoid Extra Costs: To avoid excess charges, confirm that your provider accepts Medicare assignment, especially for Part B services, by calling their office or checking online.

  • Patient Responsibility: In most cases involving excess charges, the patient is responsible for paying the full bill upfront and seeking reimbursement from Medicare later.

In This Article

The Three Types of Medicare Providers

Navigating healthcare billing with Medicare can be complex, and it all starts with understanding how your provider is enrolled with the program. Not all doctors or clinics handle billing the same way. The distinction between a participating, non-participating, and opt-out provider is the most important factor in determining your potential out-of-pocket costs.

Participating Providers

These providers have a contractual agreement with Medicare and accept "assignment" for all services. This means they agree to accept the Medicare-approved amount as full payment. They cannot bill you for more than the standard deductible and coinsurance. If you see a participating provider, you are protected from excess charges.

Non-Participating Providers

These providers accept Medicare but do not accept assignment for all services. They can choose to accept assignment on a case-by-case basis. Critically, if they do not accept assignment for a service, they are legally allowed to charge up to 15% more than the Medicare-approved amount. This extra amount is known as the Part B excess charge or limiting charge.

Opt-Out Providers

A small percentage of doctors and providers have completely opted out of Medicare. They do not accept Medicare reimbursement at all. If you see an opt-out provider, you must sign a private contract agreeing to pay their full fee out-of-pocket. Neither Medicare nor your Medigap plan will cover any of the costs, except in rare emergency situations.

How the Medicare Limiting Charge Works

The federal government sets a cap on how much non-participating providers can charge. This cap, known as the limiting charge, is a maximum of 15% above the Medicare-approved amount for the service. This charge applies only to Medicare Part B services and is in addition to your standard 20% coinsurance.

For example, if the Medicare-approved amount for a service is $100:

  • A participating provider accepts $100 as full payment. You pay your 20% coinsurance, which is $20 (assuming you’ve met your deductible).
  • A non-participating provider might charge you $115 (15% more). Medicare pays 80% of the approved amount ($80), and you are responsible for the 20% coinsurance ($20) plus the $15 excess charge, for a total of $35.

It's important to remember that the limiting charge does not apply to durable medical equipment (DME) from non-assigned suppliers, where there is no limit on what can be charged.

Your Options for Avoiding Excess Charges

Managing your healthcare costs proactively is essential to avoid unexpected excess charges. Here are your primary strategies:

  • Stick with Participating Providers: The most direct way to avoid excess charges is to use providers who accept Medicare assignment. You can use the provider search tool on Medicare.gov to find a list of these providers in your area. It is always a good practice to ask a provider’s office about their billing policy before your appointment.

  • Choose a Medigap Plan that Covers Excess Charges: Some Medicare Supplement (Medigap) plans offer coverage for excess charges. Specifically, Medigap Plan F and Plan G are designed to cover these fees. For those newly eligible for Medicare after January 1, 2020, Plan G is the most comprehensive option that covers excess charges.

  • Live in a State with Limiting Charge Protections: Several states have passed laws that make it illegal for providers to charge excess charges to Medicare beneficiaries. These states include Connecticut, Massachusetts, Minnesota, New York, Ohio, Pennsylvania, Rhode Island, and Vermont. If you live in one of these states, your in-state providers cannot legally apply this additional fee.

Compare Provider Billing for Medicare Part B

This table illustrates the financial differences between the three types of Medicare providers for a hypothetical $100 Medicare-approved service.

Feature Participating Provider Non-Participating Provider Opt-Out Provider
Accepts Medicare? Yes Yes No
Accepts Assignment? Yes No (can bill more) No
Excess Charges? No Yes (up to 15%) Yes (any amount)
Max Extra Charge $0 Up to 15% of the approved amount Unregulated
Bills Medicare? Yes Yes (but you may pay upfront) No
Payment Process Medicare pays provider 80%, you pay 20% coinsurance Medicare pays you 80% of the approved amount (sometimes at a reduced rate); you pay provider upfront for full bill plus excess charges You pay provider the full amount; no Medicare reimbursement
Total Out-of-Pocket (pre-deductible) $20 coinsurance $35 ($20 coinsurance + $15 excess charge) $100+

How to Check Your Doctor’s Status

To find out if your current or potential doctor accepts assignment, you can take a few steps:

  1. Call the Doctor’s Office: The easiest and most direct method is to simply call the office and ask if they accept Medicare assignment. It’s a good idea to confirm this before every appointment, as policies can change.
  2. Use Medicare’s Online Tools: Medicare offers a "Care Compare" tool on its website that allows you to search for and compare doctors, hospitals, and other providers, including their Medicare participation status. This is a reliable way to check if a provider is participating or non-participating.
  3. Review your Medicare Summary Notice (MSN): After receiving a service, you will receive an MSN from Medicare detailing the amount billed, the Medicare-approved amount, and what you owe. This notice will show if a provider charged more than the Medicare-approved amount.

Conclusion

While the vast majority of doctors who accept Medicare do not charge more than the program allows, some non-participating providers can impose an excess charge of up to 15%. This fee, coupled with your standard coinsurance, can significantly increase your medical costs. Providers who have opted out entirely will charge whatever they see fit, leaving you with the full bill.

Your best defense against excess charges is to be proactive. Ask your provider about their billing practices, use the official Medicare tools to verify their status, and consider a Medigap plan like Plan G if you want guaranteed coverage for these extra fees. By understanding the rules, you can make informed decisions about your healthcare and protect yourself from unexpected expenses. For official information about Medicare providers, visit Medicare's website.

Frequently Asked Questions

A participating provider agrees to accept Medicare's approved amount as full payment for all services and cannot charge you more than the coinsurance and deductible. A non-participating provider accepts Medicare but can charge up to 15% more than the approved amount, an extra fee known as an excess charge.

A Medicare Part B excess charge is an extra fee that a non-participating provider can charge you. Federal law limits this amount to no more than 15% above the Medicare-approved amount for the service.

You can find out by calling your doctor's office and asking if they accept Medicare assignment. You can also use the official 'Care Compare' tool on the Medicare.gov website to check a provider's participation status.

No. There are eight states that have banned Medicare Part B excess charges: Connecticut, Massachusetts, Minnesota, New York, Ohio, Pennsylvania, Rhode Island, and Vermont.

Yes, some Medicare Supplement (Medigap) plans, specifically Plan F and Plan G, are designed to cover excess charges. If you have one of these plans, it will pay the additional fees so you don't have to.

If a doctor has opted out of Medicare, they are not bound by Medicare's pricing and can charge whatever they want. You will need to sign a private contract with them and pay the entire bill yourself, as Medicare will not reimburse you.

Excess charges apply only to certain outpatient services under Medicare Part B. They do not apply to inpatient services covered under Part A or to durable medical equipment from non-assigned suppliers.

Yes, a non-participating provider can require you to pay the full cost of the service upfront. You would then be responsible for submitting a claim to Medicare for reimbursement.

References

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Medical Disclaimer

This content is for informational purposes only and should not replace professional medical advice. Always consult a qualified healthcare provider regarding personal health decisions.