Can an ABN be used for non-Medicare patients near commercial insurance if the claim will be denied?

I run a diagnostic radiology facility that performs PET scans. Some oncologic diagnoses are denied for PET scan. If we know in advance that a patient's scan will probable be denied, can we use an ABN? Many of the patients' EOBs come back stating that the patient should be held safe because the test was 'not medically necessary'. If these patients are counseled surrounded by advance and sign a form, does that overrule the EOB's statement?
Answers:
sure, you can use one. or make a spy along the same lines. are you calling the insurance company before doing the question paper to see if it is covered? that would be an easier way around it all.

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