Limitation on Liability Determination Does Not Affect Medicare

100.9 - Limitation on Liability Determination Does Not Affect Medicare Exclusion (Rev. 1186, Issued: 02-23-07; Effective: 01-01-06; Implementation: 05-23-07) A determination to limit the liability of the beneficiary, as well as a finding that the physician’s or supplier’s liability may be limited and program payment made, does not change noncovered items or services into covered items or services. This means that the coverage question can still be raised as an issue at a level subsequent to an appeal determination that authorized program payment under §1879. It also means that, for purposes of determining an amount in controversy for an appeal, payment made under §1879 should be disregarded because coverage is still at issue and the amount charged is still in controversy.