42 CFR 405.358 - When waiver of adjustment or recovery may be applied.

Regulations last checked for updates: Nov 22, 2024

Title 42 - Public Health last revised: Nov 19, 2024

View all text of Subpart C [§ 405.301 - § 405.380]

§ 405.358 - When waiver of adjustment or recovery may be applied.

Section 1870(c) of the Act provides that there shall be no adjustment or recovery in any case where an incorrect payment under title XVIII (hospital and supplementary medical insurance benefits) has been made (including a payment under section 1814(e) of the Act with respect to an individual:

(a) Who is without fault, and

(b) Adjustment or recovery would either:

(1) Defeat the purposes of title II or title XVIII of the Act, or

(2) Be against equity and good conscience.

[61 FR 49271, Sept. 19, 1996]

authority: 42 U.S.C. 263a,405,1302,1320b,1395x,1395y,1395ff,1395hh,1395kk,1395rr,and

cite as: 42 CFR 405.358