(c) This subdivision is applicable to accidents that occurred between December 1, 1977 and December 5, 1980, regardless of the date service was rendered; and to services rendered prior to June 6, 1983 for accidents that occurred on or after December 5, 1980. If a health service provider accepts an assignment of an eligible injured person's Medicare benefits, the provider, for purposes of this Part, is deemed to have contracted with the Social Security Administration. Reimbursement for services rendered to a patient eligible for both No-Fault and Medicare is illustrated by the following example: assume a procedure where a physician's usual and customary charge is $50, the Medicare allowable charge is $40 and the No-Fault fee schedule amount is $30:

1. (1) If the physician takes a Medicare assignment:

   1. (i) Medicare would pay $32 (80%);
   2. (ii) No-Fault should be billed $8 (20%);
   3. (iii) the No-Fault insurer would be responsible for the amount credited by Medicare to the patient's deductible; and
   4. (iv) physicians should bill Medicare first in the manner they customarily would have billed prior to December 1, 1977.

2. (2) If the physician does not take Medicare assignments, no contract exists with Medicare, therefore the Insurance Law, section 5108 limitations apply:

   1. (i) Medicare must be billed $30 (No-Fault allowance), of which $24 (80%) will be paid the physician;
   2. (ii) No-Fault should be billed $6 (20%); and
   3. (iii) the No-Fault insurer would be responsible for the amount credited by Medicare to the patient's deductible.