Physical Therapy/Occupational Therapy/Speech Therapy

What is the Advance Beneficiary Notice of Noncoverage and When to Use It in Outpatient Therapy

The ABN is a notice given to the Medicare patient before services are rendered when you believe Medicare may deny services. These may be for medical necessity purposes, when services are no longer medically necessary, whereas they once were covered.

Therapy Threshold and ABN Use

Therapy Threshold ABN
Not Met A patient wants to continue therapy services, but you feel they have improved to the maximum potential.
  • Before the next visit, you must present the patient with the ABN. This allows the patient to choose to have the services and pay for them, or refuse them.
Not Met The ABN can be used as a courtesy to notify patients when Medicare may never cover services.
  • This is true for services which are statutorily exclued
Met If a patient exceeds the established KX modifier threshold amount and you feel services are no longer medically necessary, do not utilize the exception process by affixing a KX modifier to your coding.
  • You would need to present an ABN to the patient, as the services were previously payable for medical necessity, and now they are not.
  • You must stop using the KX modifier as services are no longer medically necessary.
  • Start using the GA modifier as you feel the services are NOT medically necessary.


KX and GA Modifiers

If the services beyond the cap are medically necessary, affix the KX modifier. The KX modifier indicates that the services are medically necessary. Therefore, it would be inappropriate to present an ABN.

  • Medicare covers therapy services above the KX modifier threshold that are reasonable and necessary, and supported by appropriate documentation.
  • Providers cannot transfer liability to a beneficiary when using the KX modifier.
  • The beneficiary is liable only for applicable co-pays and deductibles for covered therapy services.

Never use KX and GA modifiers together; these are opposing modifiers.

  • If you feel services are not medically necessary and have started using the KX modifier, you must stop using the KX modifier and begin using the GA modifier.

The ABN must follow specific regulations for completion and be given to the patient before the services are rendered so they can choose whether or not they would like the service and pay out of pocket for it.

  • When filling out the ABN, ensure all options are presented to the patient.
  • The patient must be able to make an informed decision; if unable, a caretaker/power of attorney can decide for them.
  • Ensure the ABN is filled out completely; leaving a section blank will disqualify the use of the ABN.
  • Retain a copy of the ABN for your records.
  • Follow all guidelines for using an ABN when the therapy threshold has been met.

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Reviewed 10/07/2024