Form CMS-460 Medicare Participating Provider or Supplier Agreement

FORM APPROVED
OMB NO. 0938-0373
EXPIRES XX/XX/XXXX

DEPARTMENT OF HEALTH AND HUMAN SERVICES
CENTERS FOR MEDICARE & MEDICAID SERVICES

MEDICARE PARTICIPATING PHYSICIAN OR SUPPLIER AGREEMENT
Name(s) and Address of Participant*

National Provider Identifier (NPI)*

*List all names and the NPI under which the participant files claims with the Medicare Administrative Contractor (MAC)/carrier
with whom this agreement is being filed.

The above named person or organization, called “the participant,” hereby enters into an agreement with the Medicare
program to accept assignment of the Medicare Part B payment for all services for which the participant is eligible to
accept assignment under the Medicare law and regulations and which are furnished while this agreement is in effect.
1. Meaning of Assignment: For purposes of this agreement, accepting assignment of the Medicare Part B
payment means requesting direct Part B payment from the Medicare program. Under an assignment, the
approved charge, determined by the MAC/carrier, shall be the full charge for the service covered under Part B.
The participant shall not collect from the beneficiary or other person or organization for covered services more
than the applicable deductible and coinsurance.
2. Effective Date: If the participant files the agreement with any MAC/carrier during the enrollment period, the
agreement becomes effective __________________.

3. Term and Termination of Agreement: This agreement shall continue in effect through December 31 following
the date the agreement becomes effective and shall be renewed automatically for each 12-month period January
1 through December 31 thereafter unless one of the following occurs:
a. During the enrollment period provided near the end of any calendar year, the participant notifies
in writing every MAC/carrier with whom the participant has filed the agreement or a copy of the
agreement that the participant wishes to terminate the agreement at the end of the current term. In the
event such notification is mailed or delivered during the enrollment period provided near the end of
any calendar year, the agreement shall end on December 31 of that year.

b. The Centers for Medicare & Medicaid Services may find, after notice to and opportunity for a hearing
for the participant, that the participant has substantially failed to comply with the agreement. In the
event such a finding is made, the Centers for Medicare & Medicaid Services will notify the participant
in writing that the agreement will be terminated at a time designated in the notice. Civil and criminal
penalties may also be imposed for violation of the agreement.
Signature of participant (or authorized representative of participating organization)

Date

Title (if signer is authorized representative of organization)

Office Phone Number (including area code)

Received by (name of carrier)

Initials of Carrier Official

Effective Date

According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a
valid OMB control number. The valid OMB control number for this information collection is 0938-0373 (Expires XX/XX/XXXX). The time required
to complete this information collection is estimated to average 15 minutes per response, including the time to review instructions, search
existing data resources, gather the data needed and complete and review the information collection. If you have any comments concerning the
accuracy of the time estimate(s) or suggestions for improving this form, please write to: CMS, 7500 Security Boulevard, Attn: PRA Reports
Clearance Officer, Baltimore, Maryland 21244-1850.
Form CMS-460 (04/20)

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DEPARTMENT OF HEALTH AND HUMAN SERVICES
CENTERS FOR MEDICARE & MEDICAID SERVICES

INSTRUCTIONS FOR THE MEDICARE PARTICIPATING PHYSICIAN
AND SUPPLIER AGREEMENT (CMS-460)
To sign a participation agreement is to agree to accept assignment for all covered services that you provide to
Medicare patients.
WHY PARTICIPATE?

If you bill for physicians’ professional services, services and supplies provided incident to physicians’ professional
services, outpatient physical and occupational therapy services, diagnostic tests, or radiology services, your
Medicare fee schedule amounts are 5 percent higher if you participate. Also, providers receive direct and
timely reimbursement from Medicare.
Regardless of the Medicare Part B services for which you are billing, participants have “one stop” billing for
beneficiaries who have Medigap coverage not connected with their employment and who assign both their
Medicare and Medigap payments to participants. After we have made payment, Medicare will send the claim
on to the Medigap insurer for payment of all coinsurance and deductible amounts due under the Medigap policy.
The Medigap insurer must pay the participant directly.
Currently, the large majority of physicians, practitioners and suppliers are billing under Medicare participation
agreements.
DO YOU WANT TO OPT OUT OF MEDICARE?

Certain physicians and practitioners who do not want to engage with the Medicare program when treating
Medicare beneficiaries may choose to “opt out” of Medicare. While Medicare does not pay for covered
items or services provided by an “opt-out” physician or practitioner, beneficiaries and opt-out physicians
or practitioners have the flexibility to set mutually acceptable payment terms through a negotiated private
contract. Medicare will still pay opt-out physicians or practitioners for emergency or urgent care services
rendered to beneficiaries with whom they have not privately contracted. The opt-out decision applies to
all items and services provided by the physician or practitioner to any Medicare beneficiary for the entire
opt-out period. A physician or practitioner who chooses to opt-out must do so for a two-year period, which
automatically renews for successive two-year periods unless the physician or practitioner affirmatively
requests that his or her opt-out status not be renewed. Opt-out physicians and practitioners can offer and enter
into arrangements with beneficiaries that would otherwise be prohibited under Medicare. Opt-out physicians
and practitioners also need not consider certain Medicare requirements, such as deciding on a case-by-case
basis whether to provide an advance beneficiary notice of Medicare non-coverage for services in compliance
with Medicare rules and guidance. More information can be found by visiting Opt-Out Affidavits
WARNING: YOU CANNOT USE THIS FORM TO OPT OUT!
WHEN THE DECISION TO PARTICIPATE CAN BE MADE:

•

Toward the end of each calendar year, all MAC/carriers have an open enrollment period. The
open enrollment period generally is from mid-November through December 31. During this period,
providers who are currently enrolled in the Medicare Program can change their current participation
status beginning the next calendar year on January 1. This is the only time these providers are given
the opportunity to change their participation status. These providers should contact their MAC/carrier
to learn where to send the agreement, and get the exact dates for the open enrollment period when the
agreement will be accepted.

Form CMS-460 Instructions (04/20)

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• New physicians, practitioners, and suppliers can sign the participation agreement and become a
Medicare participant at the time of their enrollment into the Medicare Program. The participation
agreement will become effective on the date of filing; i.e., the date the participant mails (post-mark
date) the agreement to the carrier or delivers it to the carrier.
Contact your MAC/carrier to get the exact dates the participation agreement will be accepted, and to
learn where to send the agreement.
WHAT TO DO DURING OPEN ENROLLMENT:

If you choose to be a participant:

• Do nothing if you are currently participating, or

• If you are not currently a Medicare participant, complete the blank agreement (CMS-460) and mail
it (or a copy) to each carrier to which you submit Part B claims. (On the form show the name(s) and
identification number(s) under which you bill.)

If you decide not to participate:

• Do nothing if you are currently not participating, or

• If you are currently a participant, write to each carrier to which you submit claims, advising of your
termination effective the first day of the next calendar year. This written notice must be postmarked
prior to the end of the current calendar year.
WHAT TO DO IF YOU’RE A NEW PHYSICIAN, PRACTITIONER OR SUPPLIER:

If you choose to be a participant:

• Complete the blank agreement (CMS-460) and submit it with your Medicare enrollment application
to your MAC/carrier.

• If you have already enrolled in the Medicare program, you have 90 days from when you are enrolled
to decide if you want to participate. If you decide to participate within this 90-day timeframe,
complete the CMS-460 and send to your MAC/carrier.

If you decide not to participate:

• Do nothing. All new physicians, practitioners, and suppliers that are newly enrolled are automatically
non-participating. You are not considered to be participating unless you submit the CMS-460 form to
your MAC/carrier.

We hope you will decide to be a Medicare participant.
Please call the MAC/carrier in your jurisdiction if you have any questions or need further information on
participation.
DO NOT SEND YOUR CMS-460 FORM TO CMS, SEND TO YOUR MAC/CARRIER. IF YOU SEND YOUR
FORMS TO CMS, IT WILL DELAY PROCESSING OF YOUR CMS-460 FORMS.

To view updates and the latest information about Medicare, or to obtain telephone numbers of the various
Medicare Administrative Contractor (MAC)/carrier contacts including the MAC/carrier medical directors, please
visit the CMS web site at http://www.cms.gov/.

Form CMS-460 Instructions (04/20)

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