C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER B—MEDICARE PROGRAM › PART 409—HOSPITAL INSURANCE BENEFITS › Subpart E—Home Health Services Under Hospital Insurance

42 C.F.R. § 409.40

Basis, purpose, and scope

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This subpart implements sections 1814(a)(2)(C), 1835(a)(2)(A), and 1861(m) of the Act with respect to the requirements that must be met for Medicare payment to be made for home health services furnished to eligible beneficiaries.

[59 FR 65493, Dec. 20, 1994]
Notes of Decisions
Cited in 3 cases, 1986–2004 · leading case: Visiting Nurse Ass'n of Brooklyn v. Thompson, 378 F. Supp. 2d 75 (E.D.N.Y 2004).
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Visiting Nurse Ass'n of Brooklyn v. Thompson, 378 F. Supp. 2d 75 (E.D.N.Y 2004). · cites it 2× “In defining the services that are to be included, 42 C.F.R. § 409.40 (d) specifically defines them as “part-time or intermittent services of a home health aide.”
Duggan v. Bowen, 691 F. Supp. 1487 (D.D.C. 1988). “See 42 C.F.R. § 409.40 (1987). 3. The bulk of defendants’ policy statements regarding the home health care benefit are found in manuals and transmittals.”
Martinez v. Bowen, 655 F. Supp. 95 (D.N.M. 1986). “at § 1395d(a)(3); 42 C.F.R. § 409.40 . The Order is broad and clear.”
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