Medicare Claims Processing Manual (Pub. 100-04), Ch. 30 § 110.3
Preparation of Denial Notices
110.3 - Preparation of Denial Notices
(Rev. 3560, Issued: 07-15-16, Effective: 10-17-16, Implementation: 10-17-16)
The provider and beneficiary notification procedures discussed in §§30 and 40 for
determining liability do not change the instructions for the preparation and issuance of
denial notices in Medicare Claims Processing Manual, Chapter 21, “Medicare Summary
Notices.”
Accordingly, in cases where the services are found to be custodial care or not reasonable
and necessary, or in the case of HHA services, are denied for technical reasons under
§1814(a)(2)(C) or §1835(a)(2)(A) of the Act, or in the case of hospice services, are
denied for technical reasons under §1861(dd)(3)(A) of the Act:
An MSN denying the service(s) is sent to the beneficiary in cases where only the
beneficiary is entitled to limitation on liability for any part of the noncovered stay. The
notice advises the beneficiary of the beneficiary’s entitlement to indemnification (see
§100.) in the event the provider seeks payment from the beneficiary for the noncovered
services. It uses MSN messages 50.36.2:
It appears that you did not know that we would not pay for this service, so
you are not liable. Do not pay your provider for this service. If you have
paid your provider for this service, you should submit to this office three
things: (1) a copy of this notice, (2) your provider’s bill, and (3) a receipt
or proof that you have paid the bill. You must file your written request for
payment within 6 months of the date of this notice. Future services of this
type provided to you will be your responsibility.
All denial notices explain any decision regarding limitation on liability for either the
provider, practitioner, or supplier or the beneficiary. (See Chapter 21, “Medicare
Summary Notices.”)
All denial notices, where either the beneficiary or provider, practitioner, or supplier has
been found liable, must state that the provider has a right to a redetermination.
Providers, practitioners, and suppliers do not receive a separate written notification or
copy of the MSN. Providers, practitioners, and suppliers must utilize the coding
information (e.g., Remittance Advice Remark Codes) conveyed via the Remittance
Advice (RA) to ascertain reasons associated with Medicare claims determinations
affecting payment and applicable appeal rights and/or appeals information.