US · guidance
CMS Pub. 100-02, ch. 15, § 40.25
Private Contracting Rules When Medicare is the Secondary Payer
B3-3044.25
The opt-out physician/practitioner must have a private contract with a Medicare beneficiary for all
Medicare-covered services (see §40.7), notwithstanding that Medicare would be the secondary payer in a
given situation. No Medicare primary or secondary payments will be made for items and services furnished
by a physician/practitioner under the private contract.
History
(Rev. 1, 10-01-03)
Provenance
- Source
- cms.gov
- Retrieved
- 2026-08-25
- Edition
- iom-2026-08-25
- Content hash
313eba597dd7879e4ab8cf26afe7222e7058c92203c7eb918eb51f85064b4ee8
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.