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  <FDSYS>
    <CFRTITLE>42</CFRTITLE>
    <CFRTITLETEXT>Public Health</CFRTITLETEXT>
    <VOL>2</VOL>
    <DATE>2005-10-01</DATE>
    <ORIGINALDATE>2005-10-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Services paid for by a Government entity.</TITLE>
    <GRANULENUM>411.8</GRANULENUM>
    <HEADING>Section 411.8</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 42" SEQ="4">Public Health</PARENT>
      <PARENT HEADING="CHAPTER IV" SEQ="3">CENTERS FOR MEDICARE&amp; MEDICAID SERVICES,DEPARTMENT OF HEALTH ANDHUMAN SERVICES</PARENT>
      <PARENT HEADING="SUBCHAPTER B" SEQ="2">MEDICARE PROGRAM</PARENT>
      <PARENT HEADING="PART 411" SEQ="1">EXCLUSIONS FROM MEDICARE AND LIMITATIONS ON MEDICARE PAYMENT</PARENT>
      <PARENT HEADING="Subpart A" SEQ="0">General Exclusions and Exclusion of Particular Services</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 411.8</SECTNO>
    <SUBJECT>Services paid for by a Government entity.</SUBJECT>
    <P>(a) <E T="03">Basic rule.</E> Except as provided in paragraph (b) of this section, Medicare does not pay for services that are paid for directly or indirectly by a government entity.</P>
    <P>(b) <E T="03">Exceptions.</E> Payment may be made for the following:</P>
    <P>(1) Services furnished under a health insurance plan established for employees of the government entity.</P>

    <P>(2) Services furnished under a title of the Social Security Act other than title XVIII.<PRTPAGE P="380"/>
    </P>
    <P>(3) Services furnished in or by a participating general or special hospital that—</P>
    <P>(i) Is operated by a State or local government agency; and</P>
    <P>(ii) Serves the general community.</P>
    <P>(4) Services furnished in a hospital or elsewhere, as a means of controlling infectious diseases or because the individual is medically indigent.</P>
    <P>(5) Services furnished by a participating hospital or SNF of the Indian Health Service.</P>
    <P>(6) Services furnished by a public or private health facility that—</P>
    <P>(i) Is not a Federal provider or other facility operated by a Federal agency;</P>
    <P>(ii) Receives U.S. government funds under a Federal program that provides support to facilities that furnish health care services;</P>
    <P>(iii) Customarily seeks payment for services not covered under Medicare from all available sources, including private insurance and patients' cash resources; and</P>
    <P>(iv) Limits the amounts it collects or seeks to collect from a Medicare Part B beneficiary and others on the beneficiary's behalf to:</P>
    <P>(A) Any unmet deductible applied to the charges related to the reasonable costs that the facility incurs in providing the covered services;</P>
    <P>(B) Twenty percent of the remainder of those charges;</P>
    <P>(C) The charges for noncovered services.</P>
    <P>(7) Rural health clinic services that meet the requirements set forth in part 491 of this chapter.</P>
    <CITA>[54 FR 41734, Oct. 11, 1989, as amended at 56 FR 2139, Jan. 22, 1991]</CITA>
  </SECTION>
</CFRGRANULE>

