Special Situations

Medicare ABN (Advance Beneficiary Notice) Guide

Written by Barley Billing Team, Medicare Billing Experts | Fact-checked against primary CMS sources | Last reviewed October 7, 2026

Did your provider give you a form before a service saying Medicare might not pay?

"I signed an Advance Beneficiary Notice"

"My provider warned me Medicare might not cover this"

"I got an ABN form before my procedure"

"I was asked to choose whether to proceed knowing Medicare might deny it"

Let's walk through what the ABN means, which option you chose, and whether you can appeal.

What This Means

Your healthcare provider gave you a form called an Advance Beneficiary Notice of Noncoverage (ABN) before providing a service, test, or supply under Original Medicare. This form is your provider’s way of telling you: “We don’t think Medicare will pay for this, and here’s what it will cost.”

The ABN is not a denial. It is a heads-up that a denial is likely, and it gives you the choice of how to proceed. What you choose on the ABN has a direct effect on whether you can appeal later and who pays if Medicare says no.

Why This Happens

The Three ABN Options — What Each One Means

When an ABN is required to transfer potential liability, review the listed service, reason and estimated cost, then choose an option yourself. A provider cannot choose for you. A voluntary notice for a service excluded from coverage does not require an option selection or signature. People with Medicaid or Qualified Medicare Beneficiary coverage have additional billing protections; ask the provider or SHIP how those apply (CMS ABN instructions).

Option 1: “I want the service. Bill Medicare.”

Option 2: “I want the service. Don’t bill Medicare.”

Option 3: “I don’t want the service.”

What the Billing Modifiers Mean

Billing modifiers help Medicare process the claim, but a modifier or signature alone does not prove the notice was valid:

Ask the billing office to explain the denial reason and the liability shown on your MSN. Do not assume a statutory exclusion and a medical-necessity denial have the same notice rules.

Should You Appeal?

Appeal outlook: Mixed

For the usual ABN choices:

  • Option 1: You can appeal a Medicare denial. Ask your clinician for records showing how the service met coverage requirements, and raise any concern about the notice’s validity.
  • Option 2: You cannot appeal because no claim was submitted to Medicare.
  • Option 3: Nothing to appeal — the service wasn’t provided.

If you chose Option 1, follow the MSN deadline. A signature does not remove your right to challenge whether the required notice was valid.

What To Do Next

  1. Find your copy of the ABN. Your provider must give you a copy. Check the service, stated reason, estimated cost, date and option selected. A generic agreement to pay anything Medicare denies is not a substitute for a valid ABN.
  2. If you chose Option 1 and the claim was denied, you have the right to appeal. Follow the instructions on your Medicare Summary Notice (MSN). Ask your doctor for supporting documentation.
  3. If you chose Option 2, you are responsible for payment. However, if you believe you were pressured into choosing Option 2 or didn’t understand what you were signing, contact your State Health Insurance Assistance Program (SHIP) for guidance.
  4. If a required ABN was missing or invalid, ask the billing office to review the liability and compare the charge with your MSN. Do not assume every denial required an ABN or that a particular modifier applies solely because you did not sign one.
  5. If you haven’t had the service yet and just received an ABN, take time to read it carefully before signing. Ask your provider to explain why they think Medicare won’t cover it. You can choose Option 1 to preserve your appeal rights.
  6. Get free help. Contact your State Health Insurance Assistance Program (SHIP) or call 1-800-MEDICARE (1-800-633-4227) for help understanding your ABN or filing an appeal.

Sources

Appeal Deadlines — Check Your Notice for Exact Dates
Original Medicare
120 days from the date you receive your MSN (presumed 5 days after the date on it)
Medicare Advantage
N/A — ABNs apply to Original Medicare; follow your Medicare Advantage plan notice for its appeal deadline

Check which coverage processed the claim. A Medicare Summary Notice (MSN) is for Original Medicare; a Medicare Advantage plan sends its own coverage decision. A private insurer’s name alone does not identify your coverage: Medigap and standalone drug plans are also private insurance. A Medigap payment dispute follows the supplement insurer’s process, separately from an appeal of Medicare’s claim decision.

Frequently Asked Questions

What is an ABN?
An Advance Beneficiary Notice of Noncoverage (ABN), Form CMS-R-131, is used with Original Medicare in specified situations when a provider expects Medicare not to pay. It identifies the service, reason and estimated cost so you can decide whether to proceed. Medicare Advantage uses different notices.
What if I didn't receive an ABN and the claim was denied?
With Original Medicare, if a required valid ABN was not given, you generally cannot be held responsible for the denied service. This does not apply to every denial: services excluded by law or outside a Medicare benefit category have different notice rules. Check the MSN and ask the billing office why it says you owe the charge.
Can I still appeal if I chose Option 1?
Yes. Option 1 requests the service and a Medicare claim decision. If Medicare denies the claim, follow the MSN appeal instructions and deadline. Relevant clinical records may support your appeal; signing an ABN does not prevent you from disputing the denial or whether the notice was valid.
What if I chose Option 2?
If you chose Option 2, you agreed to pay for the service yourself and asked that Medicare not be billed. Because no claim was submitted to Medicare, there is no denial to appeal. You are responsible for the full cost. This is why it's important to understand the options before signing.

This information is for educational purposes only and is not legal or medical advice. Always verify with your doctor's office and insurance company.