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 G—Hospital Insurance Deductibles and Coinsurance

42 C.F.R. § 409.83

Inpatient hospital coinsurance

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(a) General provisions—(1) Inpatient hospital coinsurance is the amount chargeable to a beneficiary for each day after the first 60 days of inpatient hospital care or inpatient CAH care or both in a benefit period.

(2) For each day from the 61st to the 90th day, the coinsurance amount is 1/4 of the applicable deductible.

(3) For each day from the 91st to the 150th day (lifetime reserve days), the coinsurance amount is 1/2 of the applicable deductible.

(4) For coinsurance days before January 1, 1982, the coinsurance amount is based on the deductible applicable for the calendar year in which the benefit period began. The coinsurance amounts do not change during a beneficiary's benefit period even though the coinsurance days may fall in a subsequent year for which a higher deductible amount has been determined.

(5) For coinsurance days after December 31, 1981, the coinsurance amount is based on the deductible applicable for the calendar year in which the services were furnished. For example, if an individual starts a benefit period by being admitted to a hospital in 1981 and remains in the hospital long enough to use coinsurance days in 1982, the coinsurance amount charged for those days is based on the 1982 inpatient hospital deductible.

(b) Specific coinsurance amounts. The specific coinsurance amounts for each calendar year are published in the Federal Register no later than October 1 of the preceding year.

(c) Exceptions to published amounts. (1) If the actual charge to the patient for the 61st through the 90th day of inpatient hospital or inpatient CAH services is less than the coinsurance amount applicable for the calendar year in which the services were furnished, the actual charge per day is the daily coinsurance amount.

(2) If the actual charge to the patient for the 91st through the 150th day (lifetime reserve days) is less than the coinsurance amount applicable for the calendar year in which the services were furnished, the beneficiary is deemed to have elected not to use the days because he or she would not benefit from using them.

[48 FR 12541, Mar. 25, 1983, as amended at 54 FR 4026, Jan. 27, 1989; 58 FR 30666, 30667, May 26, 1993]
Notes of Decisions
Cited in 2 cases, 1987–2008 · leading case: Troutman v. Cohen, 661 F. Supp. 802 (E.D. Pa. 1987).
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Troutman v. Cohen, 661 F. Supp. 802 (E.D. Pa. 1987). “33 (b) and services which would qualify as skilled rehabilitation ser *806 vices appear at 42 C.F.R. 409.83(c). Pennsylvania has adopted these portions of the federal regulations almost verbatim.”
Detroit Receiving Hosp. v. Leavitt, 561 F. Supp. 2d 795 (E.D. Mich. 2008). “42 C.F.R. § 409.83 . B. Medicare Bad Debt Reimbursement Generally, in order to be eligible for reimbursement of Medicare bad debt, Medicare service providers must show that they made reasonable collection efforts and that, despite these efforts, they are unlikely to collect on…”
— 42 C.F.R. § 409.83(c) — 1 case
Troutman v. Cohen, 661 F. Supp. 802 (E.D. Pa. 1987). “33 (b) and services which would qualify as skilled rehabilitation ser *806 vices appear at 42 C.F.R. 409.83(c). Pennsylvania has adopted these portions of the federal regulations almost verbatim.”
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