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42 U.S.C. § 1395n

Procedure for payment of claims of providers of services

United States · Title 42 — THE PUBLIC HEALTH AND WELFARE · Status: effective

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42 U.S.C. § 1395n, Procedure for payment of claims of providers of services, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/477269
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Except as provided in subsections (b), (c), and (e), payment for services described in section 1395k(a)(2) of this title furnished an individual may be made only to providers of services which are eligible therefor under section 1395cc(a) of this title, and only if— a physician, or, in the case of services described in subparagraph (A), a physician, a nurse practitioner or clinical nurse specialist (as those terms are defined in section 1395x(aa)(5) of this title) who is working in accordance with State law, or a physician assistant (as defined in section 1395x(aa)(5) of this title) who is working in accordance with State law, who is enrolled under section 1395cc(j) of this title, certifies (and recertifies, where such services are furnished over a period of time, in such cases, with such frequency, and accompanied by such supporting material, appropriate to the case involved, as may be provided by regulations) that— Notwithstanding the provisions of this section and sections 1395k, 1395l, and 1395cc(a)(1)(A) of this title, a hospital or a critical access hospital may, subject to such limitations as may be prescribed by regulations, collect from an individual the customary charges for services specified in section 1395x(s) of this title and furnished to him by such hospital as an outpatient, but only if such charges for such services do not exceed the applicable supplementary medical insurance deductible, and such customary charges shall be regarded as expenses incurred by such individual with respect to which benefits are payable in accordance with section 1395l(a)(1) of this title. Payments under this subchapter to hospitals which have elected to make collections from individuals in accordance with the preceding sentence shall be adjusted periodically to place the hospital in the same position it would have been had it instead been reimbursed in accordance with section 1395l(a)(2) of this title (or, in the case of a critical access hospital, in accordance with section 1395l(a)(6) of this title). Subject to section 1395qq of this title, no payment may be made under this part to any Federal provider of services or other Federal agency, except a provider of services which the Secretary determines is providing services to the public generally as a community institution or agency; and no such payment may be made to any provider of services or other person for any item or service which such provider or person is obligated by a law of, or a contract with, the United States to render at public expense. For purposes of services (1) which are inpatient hospital services by reason of paragraph (7) of section 1395x(b) of this title or for which entitlement exists by reason of clause (II) of section 1395k(a)(2)(B)(i) of this title, and (2) for which the reasonable cost thereof is determined under section 1395x(v)(1)(D) of this title (or would be if section 1395ww of this title did not apply), payment under this part shall be made to such fund as may be designated by the organized medical staff of the hospital in which such services were furnished or, if such services were furnished in such hospital by the faculty of a medical school, to such fund as may be designated by such faculty, but only if—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.

  • Amended byPub. L. 94-437(S. 522)1976-09-30
    Indian Health Care Improvement Act
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 96-499(H.R. 7765)1980-12-05
    Omnibus Reconciliation Act of 1980
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 97-35(H.R. 3982)1981-08-13
    Omnibus Budget Reconciliation Act of 1981
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 98-21(H.R. 1900)1983-04-20
    Social Security Amendments of 1983
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 98-369(H.R. 4170)1984-07-18
    Deficit Reduction Act of 1984
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 98-617(H.R. 5386)1984-11-08
    A bill to amend part A of title XVIII of the Social Security Act with respect to the payment rates for routine home care and other services included in hospice care.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 99-509(H.R. 5300)1986-10-21
    Omnibus Budget Reconciliation Act of 1986
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-203(H.R. 3545)1987-12-22
    Omnibus Budget Reconciliation Act of 1987
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-360(H.R. 2470)1988-07-01
    Medicare Catastrophic Coverage Act of 1988
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-234(H.R. 3607)1989-12-13
    Medicare Catastrophic Coverage Repeal Act of 1989
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-239(H.R. 3299)1989-12-19
    Omnibus Budget Reconciliation Act of 1989
    House: no recorded tallySenate: 87–7
  • Amended byPub. L. 101-508(H.R. 5835)1990-11-05
    Omnibus Budget Reconciliation Act of 1990
  • Amended byPub. L. 105-33(H.R. 2015)1997-08-05
    Balanced Budget Act of 1997
  • Amended byPub. L. 106-554(H.R. 4577)2000-12-21
    Consolidated Appropriations Act, 2001
  • Amended byPub. L. 108-173(H.R. 1)2003-12-08
    Medicare Prescription Drug, Improvement, and Modernization Act of 2003
  • Amended byPub. L. 110-275(H.R. 6331)2008-07-15
    Medicare Improvements for Patients and Providers Act of 2008
    House: 355–59Senate: no recorded tally
  • Amended byPub. L. 111-148(H.R. 3590)2010-03-23
    Patient Protection and Affordable Care Act
  • Amended byPub. L. 115-123(H.R. 1892)2018-02-09
    Bipartisan Budget Act of 2018
    House: 240–186Senate: no recorded tally
  • Amended byPub. L. 116-136(H.R. 748)2020-03-27
    CARES Act