Code of Federal Regulations Title 42. Public Health § 42.411.402 Indemnification of beneficiary

(a) Conditions for indemnification. If Medicare payment is precluded because the conditions of § 411.400(a)(2) are not met. Medicare indemnifies the beneficiary (and recovers from the provider, practitioner, or supplier), if the following conditions are met:

For good cause shown by the beneficiary, the 6–month period may be extended.

(b) Amount of indemnification.  1 The amount of indemnification is the total that the beneficiary paid the provider, practitioner, or supplier.

¹ For services furnished before 1988, the indemnification amount was reduced by any deductible or coinsurance amounts that would have been applied if the services had been covered.

(c) Effect of indemnification. The amount of indemnification is considered an overpayment to the provider, practitioner, or supplier, and as such is recoverable under this part or in accordance with other applicable provisions of law.