Medicare Managed Care Manual (Pub. 100-16), Ch. 16a § 40.3
Non-Contracting Providers
40.3 – Non-Contracting Providers
(Rev. 99, Issued: 05-27-11, Effective: 05-27-11, Implementation: 05-27-11)
A provider is a non-contracting provider if the provider is not a direct-contracting
provider or a deemed provider. Generally, these providers furnish emergency services to
PFFS plan members.
The following examples illustrate when a provider is considered non-contracting:
Example 1: A provider who provides care in an emergency to an unconscious
individual is a non-contracting provider, if the provider did not know prior to
furnishing services that the individual is a member of a PFFS plan.
Example 2: A provider who, prior to furnishing services, did not have reasonable
access to the PFFS plan’s terms and conditions of payment, is also considered
non-contracting.
The payment rules for non-contracting providers under the three types of PFFS plans are
discussed in sections 70 and 80.1 of this chapter. The rules for services furnished by non-
contracting providers are also described in section 20.7 of Chapter 4 of this manual.