Code of Federal Regulations Title 42. Public Health § 42.405.350 Individual's liability for payments made to providers and other persons for items and services furnished the individual

(a) More than the correct amount is paid to a provider of services or other person and the Secretary determines that:

(b) A payment has been made under the provisions described in section 1814(e) of the Act, to a provider of services for items and services furnished the individual.

(c) For purposes of paragraph (a)(2) of this section, a provider of services or other person must, in the absence of evidence to the contrary, be deemed to be without fault if the determination of the carrier, the intermediary, or the Centers for Medicare & Medicaid Services that more than the correct amount was paid was made subsequent to the fifth year following the year in which notice was sent to such individual that such amount had been paid.