C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER B—MEDICARE PROGRAM › PART 405—FEDERAL HEALTH INSURANCE FOR THE AGED AND DISABLED › Subpart C—Suspension of Payment, Recovery of Overpayments, and Repayment of Scholarships and Loans

42 C.F.R. § 405.352

Adjustment of title XVIII incorrect payments

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Where an individual is liable for an incorrect payment (i.e., a payment made under § 405.350(a) or § 405.350(b)) adjustment is made (to the extent of such liability) by:

(a) Decreasing any payment under title II of the Act, or under the Railroad Retirement Act of 1937, to which the individual is entitled; or

(b) In the event of the individual's death before adjustment is completed, by decreasing any payment under title II of the Act, or under the Railroad Retirement Act of 1937 payable to the estate of the individual or to any other person, that are based on the individual's earnings record (or compensation).

[31 FR 13534, Oct. 20, 1966, as amended at 41 FR 1492, Jan. 8, 1976. Redesignated at 42 FR 52826, Sept. 30, 1977]
Notes of Decisions
Cited in 1 case, 2000–2000 · leading case: Visiting Nurses Ass'n of Sw. Indiana, Inc. v. Shalala, 213 F.3d 352 (7th Cir. 2000).
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Visiting Nurses Ass'n of Sw. Indiana, Inc. v. Shalala, 213 F.3d 352 (7th Cir. 2000). “If the overpayment was to an individual, the Secretary may seek an adjustment pursuant to 42 C.F.R. § 405.352 , which applies “[wjhere an individual is liable for an incorrect payment.”
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