# 42 CFR § 408.1: Statutory basis

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-42-408.1

## Section

- **Citation:** 42 CFR § 408.1
- **Heading:** Statutory basis
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 42—Public Health > CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES > SUBCHAPTER B—MEDICARE PROGRAM > PART 408—PREMIUMS FOR SUPPLEMENTARY MEDICAL INSURANCE > Subpart A—General Provisions

## Text

(a) This part implements certain provisions of sections 1837 through 1840 and 1881(d) of the Social Security Act (the Act) and conforms to other regulations that implement section 1843 of the Act. Section 1838(b) requires regulations to establish when an individual's coverage ends because of nonpayment of premiums. It also specifies that those regulations may provide a grace period for payment of overdue premiums without loss of coverage. Section 1839 sets forth the specific procedures for determining the amount of the monthly premium and section 1840 establishes the rules for payment of premiums. Section 1843 provides that a State may enter into a buy-in agreement to secure SMI coverage for certain individuals by enrolling them in the SMI program and paying the premiums on their behalf. Section 1881(d) provides that Medicare payment, for the reasonable charges incurred in connection with a kidney donation, shall be made (without regard to deductible, premium, or coinsurance provisions of title XVIII) as prescribed in regulations.
(b) The Federal Claims Collection Act (31 U.S.C. 3711), as implemented by 4 CFR parts 101-105, provides the basic authority for recovery of debts owed the United States government and specifies the conditions for the suspension or termination of collection action. Departmental regulations at 45 CFR part 30, updated by a final rule published on January 5, 1987 (52 FR 260) set forth procedures for the exercise of the Department's authority to collect and dispose of debts and were intended to complement rules applicable to particular programs. CMS rules are set forth at 42 CFR part 401, subpart F.
[52 FR 48115, Dec. 18, 1987; 53 FR 4158, Feb. 12, 1988, as amended at 56 FR 48112, Sept. 24, 1991]

## Nearby sections

- [42 CFR § 408.1 § 408.1 Statutory basis.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.1.md)
- [42 CFR § 408.2 § 408.2 Scope and purpose.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.2.md)
- [42 CFR § 408.3 § 408.3 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.3.md)
- [42 CFR § 408.4 § 408.4 Payment obligations.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.4.md)
- [42 CFR § 408.6 § 408.6 Methods and priorities for payment.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.6.md)
- [42 CFR § 408.8 § 408.8 Grace period and termination date.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.8.md)
- [42 CFR § 408.10 § 408.10 Claim for monthly benefits pending concurrently with request for SMI enrollment.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.10.md)
- [42 CFR § 408.20 § 408.20 Monthly premiums.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.20.md)
- [42 CFR § 408.21 § 408.21 Reduction in Medicare Part B premium as an additional benefit under Medicare + Choice plans.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.21.md)
- [42 CFR § 408.22 § 408.22 Increased premiums for late enrollment and for reenrollment.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.22.md)
- [42 CFR § 408.24 § 408.24 Individuals who enrolled or reenrolled before April 1, 1981 or after September 30, 1981.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.24.md)
- [42 CFR § 408.25 § 408.25 Individuals who enrolled or reenrolled between April 1 and September 30, 1981.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.25.md)
- [42 CFR § 408.26 § 408.26 Examples.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.26.md)
- [42 CFR § 408.27 § 408.27 Rounding the monthly premium.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.27.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-42-408.1. Check the current official text before relying on it. Not legal advice.