Medicare Benefit Policy Manual (Pub. 100-02), Ch. 5 § 40.2
Revocation of Election
40.2 - Revocation of Election
(Rev. 1, 10-01-03)
A3-3106.5, HO-219.5
An election not to use reserve days may be revoked in whole or in part, provided a claim
has not been filed for Part B ancillary services furnished on the hospital days in question.
(An election may be revoked in part subject to the restriction on elections in §30.4.1. The
revocation must be submitted to the hospital in writing and should be made part of the
patient's hospital record. (See §40.2.1, below, for sample revocation format.) If a
beneficiary is incapacitated, any of the individuals who are permitted to sign the Request
for Payment may file the revocation on the beneficiary's behalf. However, an election not
to use reserve days may not be revoked after the beneficiary dies.
A revocation of election not to use lifetime reserve days must be made within 90 days
following the beneficiary's discharge from the hospital with the following exception: The
election may be revoked later than 90 days after discharge if benefits are available from a
private insurer to pay the lifetime reserve coinsurance amounts and the insurer requires as
a condition for payment that lifetime reserve days be used.