42 CFR 489.32 : Public Health (Part 1 To Parts 1009-1099) — (§ 482.1 To Parts 1009-1099) — Centers For Medicare & Medicaid Services, Department Of Health And Human Services (Continued) (§ 482.1 To Parts 601-699) — Standards And Certification (§ 482.1 To § 498.103) — Provider Agreements And Supplier Approval (§ 489.1 To § 489.104) — Allowable Charges (§ 489.30 To § 489.35) — Allowable charges: Noncovered and partially covered services.

4 Aug 2016

(a) Services requested by beneficiary. If services furnished at the request of a beneficiary (or his or her representative) are more expensive than, or in excess of, services covered under Medicare -

(1) A provider may charge the beneficiary an amount that does not exceed the difference between -

(i) The provider's customary charges for the services furnished; and

(ii) The provider's customary charges for the kinds and amounts of services that are covered under Medicare.

(2) A provider may not charge for the services unless they have been requested by the beneficiary (or his or her representative) nor require a beneficiary to request services as a condition of admission.

(3) To avoid misunderstanding and disputes, a provider must inform any beneficiary who requests a service for which a charge will be made that there will be a specified charge for that service.

(b) Services not requested by the beneficiary. For special provisions that apply when a provider customarily furnishes more expensive services, see § 413.35 of this chapter.

42 CFR 489.32
[45 FR 22937, Apr. 4, 1980, as amended at 51 FR 34833, Sept. 30, 1986]