; and (2) for which the provider receives— (A) no reimbursement under this Act directly or on a capitated basis; and (B) receives no amount for such item or service from an organization which receives reimbursement for such items or service under this Act directly or on a capitated basis. (b) Beneficiary protections (1) In general Subsection (a) shall not apply to any contract unless— (A) the contract is in writing and is signed by the beneficiary before any item or service is provided pursuant to the contract; (B) the contract contains the items described in paragraph (2); and (C) the contract is not entered into at a time when the beneficiary is facing an emergency health care situation. (2) Items required to be included in contract Any contract to provide items and services to which subsection (a) applies shall clearly indicate to the beneficiary that by signing such contract the beneficiary— (A) agrees not to submit a claim (or to request that the provider submit a claim) under this Act for such items or services even if such items or services are otherwise covered by this Act; (B) agrees to be responsible, whether through insurance offered under section 107(b) or otherwise, for payment of such items or services and understands that no reimbursement will be provided under this Act for such items or services; (C) acknowledges that no limits under this Act apply to amounts that may be charged for such items or services; (D) if the provider is a non-participating provider, acknowledges that the beneficiary has the right to have such items or services provided by other providers for whom payment would be made under this Act