FAQ 26. What happens if you don’t participate in MU?

Beginning with 2015 Medicare payments, the consequence for not previously participating in MU is a reduction in Medicare payments. If you failed to attest in 2013, you will receive the 1% penalty tied to the 2015 payment year. If you fail to attest for 2014, you will receive the 2% payment reduction tied to the 2016 payment year, and so on.  

In addition, some states are considering revoking medical licenses for providers who do not participate in MU.

FAQ 27. If I started MU after receiving the 1% penalty, will I get the 1% penalty forever?

In short, no. Penalties come and go based on your ability to demonstrate MU during a given reporting period. If you are subject to a penalty in a given payment year, that penalty is the result of failing to attest or demonstrate MU in a previous year and will only be applied in that payment year. If you attest and successfully demonstrate MU during a future reporting period, then you will not be subject to the penalty in the payment year that is tied to that reporting period. Likewise, if you fail again during a future reporting period then you will receive the penalty that is tied to that reporting period’s future payment year.

For example, if you failed in 2014, succeeded in 2015, but failed again in 2016, you will receive the 2% penalty tied to 2016, no penalty in 2017, and the 4% penalty tied to 2018. 

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