Nonparticipating Physicians or Practitioners Who Opt Out of Medicare

40.14 - Nonparticipating Physicians or Practitioners Who Opt Out of Medicare (Rev. 222, Issued: 05-13-16, Effective: 08-15-16, Implementation; 08-15-16) A nonparticipating physician or practitioner may opt-out of Medicare at any time in accordance with the following: • The initial 2-year opt-out period begins the date the affidavit meeting the requirements of §40.9 is signed, provided the affidavit is filed within 10 days after the physician or practitioner signs his or her first private contract with a Medicare beneficiary. • If the physician or practitioner does not timely file any required affidavit, the initial 2-year opt- out period begins when the last such affidavit is filed. Any private contract entered into before the last required affidavit is filed becomes effective upon the filing of the last required affidavit and the furnishing of any items or services to a Medicare beneficiary under such contract before the last required affidavit is filed is subject to standard Medicare rules.