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Hospital Insurance Benefits

Federal

Hospital Insurance Benefits

55 provisions · Centers for Medicare & Medicaid Services

Provisions

Citable source units

42 CFR § 409.1Authority PreemptionReimbursement Payment

Statutory basis.

This provision identifies the sections of the Social Security Act that serve as the statutory foundation for Medicare Part A hospital insurance benefits.

Group

Definitions Scope Authority

Category

Authority Preemption

Domain

Billing Reimbursement

Topics

Medicare part a, Statutory authority, Social security act

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42 CFR § 409.10Service AvailabilityReimbursement Payment

Included services.

This provision defines the scope of inpatient hospital services covered under Medicare Part A, including specific inclusions and exclusions.

Group

Hospital Operations

Category

Service Availability

Domain

Nursing

Topics

Medicare covered services, Inpatient hospital services, Service exclusions

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42 CFR § 409.100Reimbursement PaymentService Availability

To whom payment is made.

This provision specifies the entities to whom Medicare hospital insurance benefits are paid, including participating providers and exceptions for emergency or foreign services.

Group

Payment Program Integrity

Category

Reimbursement Payment

Domain

Billing Reimbursement

Topics

Medicare payment, Participating providers, Emergency services payment

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42 CFR § 409.102Reimbursement PaymentCost Reporting

Amounts of payment.

This provision outlines the general methodology for determining Medicare payment amounts for hospital insurance benefits, including references to deductible and coinsurance requirements.

Group

Payment Program Integrity

Category

Reimbursement Payment

Domain

Billing Reimbursement

Topics

Medicare payment amounts, Deductibles, Coinsurance

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42 CFR § 409.11Reimbursement PaymentFacility Operations

Bed and board.

Medicare Part A covers semiprivate or ward accommodations, and private rooms under specific medical necessity or availability conditions, with provisions for patient liability for private room charges.

Group

Payment Program Integrity

Category

Reimbursement Payment

Domain

Billing Reimbursement

Topics

Inpatient room charges, Medicare part a coverage, Private room billing

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42 CFR § 409.12Nursing ServicesReimbursement Payment

Nursing and related services, medical social services; use of hospital or CAH facilities.

Medicare covers nursing, medical social services, and facility use when ordinarily furnished for inpatient care, but excludes private duty nursing services.

Group

Clinical Services

Category

Nursing Services

Domain

Nursing

Topics

Nursing services coverage, Medical social services, Private duty nurse exclusion

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42 CFR § 409.13Pharmacy MedicationReimbursement Payment

Drugs and biologicals.

Medicare covers drugs and biologicals furnished to inpatients that represent a hospital cost, with limited exceptions for medically necessary discharge supplies.

Group

Clinical Services

Category

Pharmacy Medication

Domain

Pharmacy

Topics

Inpatient drug coverage, Medication reimbursement, Discharge medication supply

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42 CFR § 409.14Surgery Procedural ServicesReimbursement Payment

Supplies, appliances, and equipment.

Medicare covers supplies, appliances, and equipment furnished to inpatients, including specific items required for use after discharge.

Group

Clinical Services

Category

Surgery Procedural Services

Domain

Surgery

Topics

Inpatient medical supplies, Durable medical equipment, Post Discharge equipment

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42 CFR § 409.15Medical Staff GovernanceReimbursement Payment

Services furnished by an intern or a resident-in-training.

Medical or surgical services provided by interns or residents are covered as inpatient services if performed under an approved teaching program.

Group

Governance Quality Compliance

Category

Medical Staff Governance

Domain

Medical Staff

Topics

Resident services, Teaching hospital requirements, Medical staff training

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42 CFR § 409.16Laboratory ServicesReimbursement Payment

Other diagnostic or therapeutic services.

Diagnostic or therapeutic services are covered as inpatient services if furnished by the hospital or under arrangements, and billed through the hospital.

Group

Clinical Services

Category

Laboratory Services

Domain

Laboratory

Topics

Diagnostic services, Therapeutic services, Hospital billing arrangements

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42 CFR § 409.17Rehabilitation TherapyQuality Governance

Physical therapy, occupational therapy, and speech-language pathology services.

Therapy services must be furnished by qualified professionals under a physician-approved plan of care that specifies type, frequency, and duration.

Group

Clinical Services

Category

Rehabilitation Therapy

Domain

Governance Quality

Topics

Physical therapy, Occupational therapy, Speech Language pathology

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42 CFR § 409.18Surgery Procedural ServicesReimbursement Payment

Services related to kidney transplantations.

Medicare covers kidney transplantation surgery in approved centers and services related to kidney donations, regardless of donor Medicare eligibility.

Group

Clinical Services

Category

Surgery Procedural Services

Domain

Surgery

Topics

Kidney transplant, Organ donation, Transplant center approval

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42 CFR § 409.2Scope Applicability

Scope.

This section outlines the Medicare Part A benefits and limitations described in the subparts of this part.

Group

Definitions Scope Authority

Category

Scope Applicability

Domain

Not Service Specific

Topics

Medicare part a scope

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42 CFR § 409.20Nursing ServicesDefinitions Context

Coverage of services.

This section defines post-hospital skilled nursing facility (SNF) care services and exclusions, including the relationship between hospital and SNF services.

Group

Clinical Services

Category

Nursing Services

Domain

Nursing

Topics

Post Hospital care, Skilled nursing facility services, Swing Bed services

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42 CFR § 409.21Nursing Services

Nursing care.

Medicare covers nursing care as posthospital skilled nursing facility services when provided by or under the supervision of a registered professional nurse.

Group

Clinical Services

Category

Nursing Services

Domain

Nursing

Topics

Nursing care coverage, Skilled nursing facility services, Registered nurse supervision

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42 CFR § 409.22Facility OperationsReimbursement Payment

Bed and board.

Medicare covers semiprivate or ward accommodations in full, with specific conditions and limitations for private room coverage and patient liability.

Group

Hospital Operations

Category

Facility Operations

Domain

Facility Operations

Topics

Bed and board coverage, Private room conditions, Patient financial liability

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42 CFR § 409.23Rehabilitation Therapy

Physical therapy, occupational therapy, and speech-language pathology services.

Medicare covers therapy services in a skilled nursing facility when furnished by qualified professionals under a physician-approved plan.

Group

Clinical Services

Category

Rehabilitation Therapy

Domain

Other

Topics

Physical therapy coverage, Occupational therapy services, Speech language pathology

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42 CFR § 409.24Discharge Planning

Medical social services.

Medicare covers medical social services in a skilled nursing facility, including assessments of social and emotional factors related to a beneficiary's illness and discharge planning.

Group

Clinical Services

Category

Discharge Planning

Domain

Other

Topics

Medical social services, Social emotional assessment, Discharge planning support

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42 CFR § 409.25Pharmacy MedicationFacility Operations

Drugs, biologicals, supplies, appliances, and equipment.

Medicare covers drugs, biologicals, and medical supplies furnished to inpatients in a skilled nursing facility, with limited exceptions for post-discharge use.

Group

Clinical Services

Category

Pharmacy Medication

Domain

Pharmacy

Topics

Drug coverage, Medical supplies, Durable medical equipment

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42 CFR § 409.26General OperationsAccreditation Approval

Transfer agreement hospital services.

Medicare covers diagnostic or therapeutic services and services by interns or residents when provided through a formal transfer agreement between a skilled nursing facility and a hospital.

Group

Hospital Operations

Category

General Operations

Domain

Facility Operations

Topics

Transfer agreements, Hospital services, Resident training programs

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42 CFR § 409.27Respiratory CareEmergency Services

Other services generally provided by (or under arrangements made by) SNFs.

Medicare covers additional diagnostic and therapeutic services, including respiratory therapy and ambulance transportation, when provided by or under arrangements with a skilled nursing facility.

Group

Clinical Services

Category

Respiratory Care

Domain

Emergency

Topics

Respiratory therapy, Ambulance transportation, Diagnostic services

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42 CFR § 409.3Definitions ContextGeneral Operations

Definitions.

As used in this part, unless the context indicates otherwise—

Group

Definitions Scope Authority

Category

Definitions Context

Domain

Not Service Specific

Topics

Medicare terminology, Hospital definitions, Provider participation definitions

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42 CFR § 409.30Reimbursement PaymentDischarge Planning

Basic requirements.

Posthospital SNF care, including SNF-type care furnished in a hospital or CAH that has a swing-bed approval, is covered only if the beneficiary meets the requirements of this section and only for days when he or she needs and receives ca...

Group

Payment Program Integrity

Category

Reimbursement Payment

Domain

Billing Reimbursement

Topics

Post hospital snf admission requirements, Medicare coverage eligibility, Three day hospital stay rule

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42 CFR § 409.31Nursing ServicesDefinitions Context

Level of care requirement.

Medicare coverage for skilled nursing or rehabilitation services requires that services be ordered by a physician, require professional skills, and be provided on a daily basis.

Group

Clinical Services

Category

Nursing Services

Domain

Nursing

Topics

Level of care, Skilled nursing services, Skilled rehabilitation services

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42 CFR § 409.32Nursing ServicesDefinitions Context

Criteria for skilled services and the need for skilled services.

Skilled services must be inherently complex and require professional personnel, though special medical complications may necessitate skilled care for otherwise nonskilled services.

Group

Clinical Services

Category

Nursing Services

Domain

Nursing

Topics

Skilled service criteria, Medical complications, Professional personnel

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42 CFR § 409.33Nursing ServicesRehabilitation Therapy

Examples of skilled nursing and rehabilitation services.

This provision defines the criteria and provides examples for services that qualify as skilled nursing or skilled rehabilitation, distinguishing them from personal care services.

Group

Clinical Services

Category

Nursing Services

Domain

Nursing

Topics

Skilled nursing criteria, Skilled rehabilitation criteria, Personal care services

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42 CFR § 409.34Nursing ServicesRehabilitation Therapy

Criteria for “daily basis”.

This provision establishes the frequency requirements for skilled nursing or rehabilitation services to meet the daily basis coverage criteria.

Group

Clinical Services

Category

Nursing Services

Domain

Nursing

Topics

Daily basis requirement, Skilled service frequency, Rehabilitation service frequency

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42 CFR § 409.35Service AvailabilityReimbursement Payment

Criteria for “practical matter”.

This provision outlines the factors to consider when determining if inpatient care is required as a practical matter, including patient condition and economic efficiency.

Group

Hospital Operations

Category

Service Availability

Domain

Facility Operations

Topics

Practical matter criteria, Inpatient care necessity, Service accessibility

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42 CFR § 409.36Reimbursement PaymentDischarge Planning

Effect of discharge from posthospital SNF care.

If a beneficiary is discharged from a facility after receiving posthospital SNF care, he or she is not entitled to additional services of this kind in the same benefit period unless—

Group

Payment Program Integrity

Category

Reimbursement Payment

Domain

Billing Reimbursement

Topics

Snf benefit period, Posthospital care, Readmission rules

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42 CFR § 409.40Scope ApplicabilityReimbursement Payment

Basis, purpose, and scope.

This subpart implements sections 1814(a)(2)(C), 1835(a)(2)(A), and 1861(m) of the Act with respect to the requirements that must be met for Medicare payment to be made for home health services furnished to eligible beneficiaries.

Group

Definitions Scope Authority

Category

Scope Applicability

Domain

Billing Reimbursement

Topics

Home health services, Medicare payment basis, Home health scope

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42 CFR § 409.41Reimbursement PaymentProvider Certification

Requirement for payment.

This provision outlines the foundational requirements for home health services to qualify for Medicare payment, including provider participation and certification.

Group

Payment Program Integrity

Category

Reimbursement Payment

Domain

Billing Reimbursement

Topics

Home health payment requirements, Medicare provider agreement, Certification requirements

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42 CFR § 409.42Discharge PlanningReimbursement Payment

Beneficiary qualifications for coverage of services.

To qualify for Medicare coverage of home health services, a beneficiary must meet each of the following requirements:

Group

Clinical Services

Category

Discharge Planning

Domain

Home Health

Topics

Home health eligibility, Skilled nursing services, Homebound status

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42 CFR § 409.43Discharge PlanningMedical Records

Plan of care requirements.

This provision details the requirements for establishing, reviewing, and signing the individualized plan of care for home health services.

Group

Clinical Services

Category

Discharge Planning

Domain

Home Health

Topics

Home health plan of care, Physician orders, Plan of care review

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42 CFR § 409.44Nursing ServicesRehabilitation Therapy

Skilled services requirements.

This provision establishes the clinical, documentation, and coverage criteria for skilled nursing, physical therapy, speech-language pathology, and occupational therapy services under Medicare.

Group

Clinical Services

Category

Nursing Services

Domain

Nursing

Topics

Skilled nursing coverage, Therapy documentation requirements, Medicare coverage criteria

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42 CFR § 409.45Rehabilitation TherapyNursing Services

Dependent services requirements.

This provision outlines the coverage requirements for home health dependent services, including home health aide, medical social services, occupational therapy, and medical supplies.

Group

Clinical Services

Category

Rehabilitation Therapy

Domain

Home Health

Topics

Home health services, Home health aide, Medical social services

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42 CFR § 409.46Reimbursement PaymentNursing Services

Allowable administrative costs.

Services that are allowable as administrative costs but are not separately billable include, but are not limited to, the following:

Group

Payment Program Integrity

Category

Reimbursement Payment

Domain

Home Health

Topics

Home health administrative costs, Reimbursement for administrative visits, Telecommunications technology costs

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42 CFR § 409.47Service Availability

Place of service requirements.

This provision defines the permissible locations for furnishing covered home health services, including the beneficiary's home and specific outpatient settings.

Group

Hospital Operations

Category

Service Availability

Domain

Home Health

Topics

Place of service, Home health setting, Outpatient setting

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42 CFR § 409.48Reimbursement PaymentService Availability

Visits.

This provision defines the criteria for allowable home health visits under Medicare Part A and Part B, including the definition of a visit.

Group

Payment Program Integrity

Category

Reimbursement Payment

Domain

Home Health

Topics

Home health visits, Medicare part a coverage, Medicare part b coverage

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42 CFR § 409.49Reimbursement PaymentPharmacy Medication

Excluded services.

This provision lists services that are excluded from coverage under the Medicare home health benefit, such as drugs, transportation, and housekeeping.

Group

Payment Program Integrity

Category

Reimbursement Payment

Domain

Home Health

Topics

Excluded services, Medicare coverage exclusions, Home health benefit limitations

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42 CFR § 409.5Definitions Context

General description of benefits.

This provision provides a general overview of Medicare Part A hospital insurance benefits, including inpatient hospital, SNF, home health, and hospice care.

Group

Definitions Scope Authority

Category

Definitions Context

Domain

Not Service Specific

Topics

Medicare part a, Hospital insurance benefits, Benefit overview

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42 CFR § 409.50Reimbursement Payment

Coinsurance for durable medical equipment (DME) and applicable disposable devices furnished as a home health service.

This provision specifies the coinsurance liability for durable medical equipment and disposable devices provided as part of home health services.

Group

Payment Program Integrity

Category

Reimbursement Payment

Domain

Billing Reimbursement

Topics

Coinsurance, Durable medical equipment, Disposable devices

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42 CFR § 409.60Definitions ContextReimbursement Payment

Benefit periods.

Defines the start and end of Medicare benefit periods for inpatient hospital, critical access hospital, and skilled nursing facility services.

Group

Definitions Scope Authority

Category

Definitions Context

Domain

Billing Reimbursement

Topics

Medicare benefit periods, Benefit period calculation, Skilled nursing facility care

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42 CFR § 409.61Reimbursement PaymentDefinitions Context

General limitations on amount of benefits.

Specifies the limits on Medicare benefit days for inpatient hospital, critical access hospital, skilled nursing facility, and home health services.

Group

Payment Program Integrity

Category

Reimbursement Payment

Domain

Billing Reimbursement

Topics

Medicare benefit limits, Inpatient hospital days, Lifetime reserve days

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42 CFR § 409.62Reimbursement PaymentBehavioral Health

Lifetime maximum on inpatient psychiatric care.

There is a lifetime maximum of 190 days on inpatient psychiatric hospital services available to any beneficiary.

Group

Payment Program Integrity

Category

Reimbursement Payment

Domain

Behavioral Health

Topics

Psychiatric care benefit limits, Medicare lifetime maximum, Inpatient psychiatric services

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42 CFR § 409.63Reimbursement PaymentBehavioral Health

Reduction of inpatient psychiatric benefit days available in the initial benefit period.

Outlines the rules for reducing available Medicare benefit days for inpatient psychiatric services based on pre-entitlement stays.

Group

Payment Program Integrity

Category

Reimbursement Payment

Domain

Behavioral Health

Topics

Psychiatric benefit days, Medicare psychiatric care limits, Inpatient psychiatric hospital stay

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42 CFR § 409.64Reimbursement PaymentDefinitions Context

Services that are counted toward allowable amounts.

Establishes the criteria for counting inpatient days and home health visits toward Medicare benefit limits.

Group

Payment Program Integrity

Category

Reimbursement Payment

Domain

Billing Reimbursement

Topics

Medicare benefit counting, Allowable benefit amounts, Medicare payment requirements

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42 CFR § 409.65Reimbursement PaymentPatient Rights

Lifetime reserve days.

This provision outlines the rules for beneficiary election regarding the use of Medicare lifetime reserve days, including filing requirements, deemed elections, and exceptions for prospective payment system stays.

Group

Payment Program Integrity

Category

Reimbursement Payment

Domain

Billing Reimbursement

Topics

Medicare lifetime reserve days, Beneficiary election, Inpatient hospital billing

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42 CFR § 409.66Reimbursement PaymentPatient Rights

Revocation of election not to use lifetime reserve days.

This provision establishes the process and timeframes for a beneficiary to revoke a previous election not to use Medicare lifetime reserve days.

Group

Payment Program Integrity

Category

Reimbursement Payment

Domain

Billing Reimbursement

Topics

Revocation of election, Lifetime reserve days, Medicare billing

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42 CFR § 409.68Reimbursement Payment

Guarantee of payment for inpatient hospital or inpatient CAH services furnished before notification of exhaustion of benefits.

This provision specifies the conditions under which Medicare will guarantee payment for services rendered after a beneficiary has exhausted benefit days, provided the hospital was unaware of the exhaustion.

Group

Payment Program Integrity

Category

Reimbursement Payment

Domain

Billing Reimbursement

Topics

Guarantee of payment, Exhaustion of benefits, Medicare reimbursement

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42 CFR § 409.80Reimbursement Payment

Inpatient deductible and coinsurance: General provisions.

This provision defines the general nature of inpatient deductibles and coinsurance as portions of hospital costs not covered by Medicare and subject to annual adjustment.

Group

Payment Program Integrity

Category

Reimbursement Payment

Domain

Billing Reimbursement

Topics

Inpatient deductible, Coinsurance, Medicare cost sharing

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42 CFR § 409.82Reimbursement Payment

Inpatient hospital deductible.

This provision outlines the application of the inpatient hospital deductible, including its frequency of charge per benefit period and the timing of applicable rates.

Group

Payment Program Integrity

Category

Reimbursement Payment

Domain

Billing Reimbursement

Topics

Inpatient hospital deductible, Benefit period, Medicare billing

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42 CFR § 409.83Reimbursement Payment

Inpatient hospital coinsurance.

This provision defines the coinsurance amounts chargeable to beneficiaries for inpatient hospital care after the first 60 days of a benefit period.

Group

Payment Program Integrity

Category

Reimbursement Payment

Domain

Billing Reimbursement

Topics

Inpatient hospital coinsurance, Lifetime reserve days, Medicare billing

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42 CFR § 409.85Reimbursement Payment

Skilled nursing facility (SNF) care coinsurance.

This provision defines the coinsurance amounts chargeable to beneficiaries for skilled nursing facility care after the first 20 days of a benefit period.

Group

Payment Program Integrity

Category

Reimbursement Payment

Domain

Billing Reimbursement

Topics

Snf coinsurance, Skilled nursing facility, Medicare billing

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42 CFR § 409.87Reimbursement PaymentLaboratory Services

Blood deductible.

This provision outlines the Medicare blood deductible requirements, including beneficiary responsibility for the first three units of whole blood or packed red cells and replacement criteria.

Group

Payment Program Integrity

Category

Reimbursement Payment

Domain

Billing Reimbursement

Topics

Blood deductible, Packed red cells, Blood replacement

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42 CFR § 409.89Reimbursement PaymentSurgery Procedural Services

Exemption of kidney donors from deductible and coinsurance requirements.

Medicare deductible and coinsurance requirements are waived for services provided to individuals in connection with kidney donation for transplant surgery.

Group

Payment Program Integrity

Category

Reimbursement Payment

Domain

Billing Reimbursement

Topics

Kidney donor, Transplant surgery, Deductible exemption

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