(a) Basic rule.
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.
(b) Exceptions.
Payment may be made for the following:
(1)
Services furnished under a health insurance plan established for employees of the government entity.
(2)
Services furnished under a title of the Social Security Act other than title XVIII.
(3)
Services furnished in or by a participating general or special hospital that—
(i)
Is operated by a State or local government agency; and
(ii)
Serves the general community.
(4)
Services furnished in a hospital or elsewhere, as a means of controlling infectious diseases or because the individual is medically indigent.
(5)
Services furnished by a participating hospital or SNF of the Indian Health Service.
(6)
Services furnished by a public or private health facility that—
(i)
Is not a Federal provider or other facility operated by a Federal agency;
(ii)
Receives U.S. government funds under a Federal program that provides support to facilities that furnish health care services;
(iii)
Customarily seeks payment for services not covered under Medicare from all available sources, including private insurance and patients' cash resources; and
(iv)
Limits the amounts it collects or seeks to collect from a Medicare Part B beneficiary and others on the beneficiary's behalf to:
(A)
Any unmet deductible applied to the charges related to the reasonable costs that the facility incurs in providing the covered services;
(B)
Twenty percent of the remainder of those charges;
(C)
The charges for noncovered services.
(7)
Rural health clinic services that meet the requirements set forth in part 491 of this chapter.
[54 FR 41734, Oct. 11, 1989, as amended at 56 FR 2139, Jan. 22, 1991]