# 42 CFR § 411.1: Basis and scope

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-42-411.1

## Section

- **Citation:** 42 CFR § 411.1
- **Heading:** Basis and scope
- **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 411—EXCLUSIONS FROM MEDICARE AND LIMITATIONS ON MEDICARE PAYMENT > Subpart A—General Exclusions and Exclusion of Particular Services

## Text

(a) Statutory basis. Sections 1814(a) and 1835(a) of the Act require that a physician certify or recertify a patient's need for home health services but, in general, prohibit a physician from certifying or recertifying the need for services if the services will be furnished by an HHA in which the physician has a significant ownership interest, or with which the physician has a significant financial or contractual relationship. Sections 1814(c), 1835(d), and 1862 of the Act exclude from Medicare payment certain specified services. The Act provides special rules for payment of services furnished by the following: Federal providers or agencies (sections 1814(c) and 1835(d)); hospitals and physicians outside of the U.S. (sections 1814(f) and 1862(a)(4)); and hospitals and SNFs of the Indian Health Service (section 1880 of the Act). Section 1877 of the Act sets forth limitations on referrals and payment for designated health services furnished by entities with which the referring physician (or an immediate family member of the referring physician) has a financial relationship.
(b) Scope. This subpart identifies:
(1) The particular types of services that are excluded;
(2) The circumstances under which Medicare denies payment for certain services that are usually covered; and
(3) The circumstances under which Medicare pays for services usually excluded from payment.
[54 FR 41734, Oct. 11, 1989, as amended at 60 FR 41978, Aug. 14, 1995; 60 FR 45361, Aug. 31, 1995; 66 FR 952, Jan. 4, 2001]

## Nearby sections

- [42 CFR § 411.1 § 411.1 Basis and scope.](https://www.frixlaw.com/law-library/statutes/ecfr-42-411.1.md)
- [42 CFR § 411.2 § 411.2 Conclusive effect of QIO determinations on payment of claims.](https://www.frixlaw.com/law-library/statutes/ecfr-42-411.2.md)
- [42 CFR § 411.4 § 411.4 Items and services for which neither the beneficiary nor any other person is legally obligated to pay.](https://www.frixlaw.com/law-library/statutes/ecfr-42-411.4.md)
- [42 CFR § 411.6 § 411.6 Services furnished by a Federal provider of services or other Federal agency.](https://www.frixlaw.com/law-library/statutes/ecfr-42-411.6.md)
- [42 CFR § 411.7 § 411.7 Services that must be furnished at public expense under a Federal law or Federal Government contract.](https://www.frixlaw.com/law-library/statutes/ecfr-42-411.7.md)
- [42 CFR § 411.8 § 411.8 Services paid for by a Government entity.](https://www.frixlaw.com/law-library/statutes/ecfr-42-411.8.md)
- [42 CFR § 411.9 § 411.9 Services furnished outside the United States.](https://www.frixlaw.com/law-library/statutes/ecfr-42-411.9.md)
- [42 CFR § 411.10 § 411.10 Services required as a result of war.](https://www.frixlaw.com/law-library/statutes/ecfr-42-411.10.md)
- [42 CFR § 411.12 § 411.12 Charges imposed by an immediate relative or member of the beneficiary's household.](https://www.frixlaw.com/law-library/statutes/ecfr-42-411.12.md)
- [42 CFR § 411.15 § 411.15 Particular services excluded from coverage.](https://www.frixlaw.com/law-library/statutes/ecfr-42-411.15.md)
- [42 CFR § 411.20 § 411.20 Basis and scope.](https://www.frixlaw.com/law-library/statutes/ecfr-42-411.20.md)
- [42 CFR § 411.21 § 411.21 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-42-411.21.md)
- [42 CFR § 411.22 § 411.22 Reimbursement obligations of primary payers and entities that received payment from primary payers.](https://www.frixlaw.com/law-library/statutes/ecfr-42-411.22.md)
- [42 CFR § 411.23 § 411.23 Beneficiary's cooperation.](https://www.frixlaw.com/law-library/statutes/ecfr-42-411.23.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-42-411.1. Check the current official text before relying on it. Not legal advice.