US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 1395gg

Overpayment on behalf of individuals and settlement of claims for benefits on behalf of deceased individuals

(a)

Payments to providers of services or other person regarded as payment to individuals

Any payment under this subchapter to any provider of services or other person with respect to any items or services furnished any individual shall be regarded as a payment to such individual.

(b)

Incorrect payments on behalf of individuals; payment adjustment

Where—
(1)
more than the correct amount is paid under this subchapter to a provider of services or other person for items or services furnished an individual and the Secretary determines (A) that, within such period as he may specify, the excess over the correct amount cannot be recouped from such provider of services or other person, or (B) that such provider of services or other person was without fault with respect to the payment of such excess over the correct amount, or
(2)
section 1395f(e) of this title any payment has been made under to a provider of services or other person for items or services furnished an individual,
proper adjustments shall be made, under regulations prescribed (after consultation with the Railroad Retirement Board) by the Secretary, by decreasing subsequent payments—
(3)
45 U.S.C. 231 to which such individual is entitled under subchapter II of this chapter or under the Railroad Retirement Act of 1974 [ et seq.], as the case may be, or
(4)
45 U.S.C. 231 if such individual dies before such adjustment has been completed, to which any other individual is entitled under subchapter II of this chapter or under the Railroad Retirement Act of 1974 [ et seq.], as the case may be, with respect to the wages and self-employment income or the compensation constituting the basis of the benefits of such deceased individual under subchapter II of this chapter.
section 1395i(g) of this titlesection 1395t(f) of this title45 U.S.C. 231As soon as practicable after any adjustment under paragraph (3) or (4) is determined to be necessary, the Secretary, for purposes of this section, , and , shall certify (to the Railroad Retirement Board if the adjustment is to be made by decreasing subsequent payments under the Railroad Retirement Act of 1974 [ et seq.]) the amount of the overpayment as to which the adjustment is to be made. For purposes of clause (B) of paragraph (1), such provider of services or such other person shall, in the absence of evidence to the contrary, be deemed to be without fault if the Secretary’s determination that more than such correct amount was paid was made subsequent to the fifth year following the year in which notice was sent to such individual that such amount had been paid; except that the Secretary may reduce such five-year period to not less than one year if he finds such reduction is consistent with the objectives of this subchapter.
(c)

Exception to subsection (b) payment adjustment

section 1395f(e) of this titlesection 1395y(a) of this titleThere shall be no adjustment as provided in subsection (b) (nor shall there be recovery) in any case where the incorrect payment has been made (including payments under ) with respect to an individual who is without fault or where the adjustment (or recovery) would be made by decreasing payments to which another person who is without fault is entitled as provided in subsection (b)(4), if such adjustment (or recovery) would defeat the purposes of subchapter II or subchapter XVIII or would be against equity and good conscience. Adjustment or recovery of an incorrect payment (or only such part of an incorrect payment as the Secretary determines to be inconsistent with the purposes of this subchapter) against an individual who is without fault shall be deemed to be against equity and good conscience if (A) the incorrect payment was made for expenses incurred for items or services for which payment may not be made under this subchapter by reason of the provisions of paragraph (1) or (9) of and (B) if the Secretary’s determination that such payment was incorrect was made subsequent to the fifth year following the year in which notice of such payment was sent to such individual; except that the Secretary may reduce such five-year period to not less than one year if he finds such reduction is consistent with the objectives of this subchapter.

(d)

Liability of certifying or disbursing officer for failure to recoup

No certifying or disbursing officer shall be held liable for any amount certified or paid by him to any provider of services or other person where the adjustment or recovery of such amount is waived under subsection (c) or where adjustment under subsection (b) is not completed prior to the death of all persons against whose benefits such adjustment is authorized.

(e)

Settlement of claims for benefits under this subchapter on behalf of deceased individuals

If an individual, who received services for which payment may be made to such individual under this subchapter, dies, and payment for such services was made (other than under this subchapter), and the individual died before any payment due him under this subchapter with respect to such services was completed, payment of the amount due (including the amount of any unnegotiated checks) shall be made—
(1)
if the payment for such services was made (before or after such individual’s death) by a person other than the deceased individual, to the person or persons determined by the Secretary under regulations to have paid for such services, or if the payment for such services was made by the deceased individual before his death, to the legal representative of the estate of such deceased individual, if any;
(2)
if there is no person who meets the requirements of paragraph (1), to the person, if any, who is determined by the Secretary to be the surviving spouse of the deceased individual and who was either living in the same household with the deceased at the time of his death or was, for the month in which the deceased individual died, entitled to a monthly benefit on the basis of the same wages and self-employment income as was the deceased individual;
(3)
if there is no person who meets the requirements of paragraph (1) or (2), or if the person who meets such requirements dies before the payment due him under this subchapter is completed, to the child or children, if any, of the deceased individual who were, for the month in which the deceased individual died, entitled to monthly benefits on the basis of the same wages and self-employment income as was the deceased individual (and, in case there is more than one such child, in equal parts to each such child);
(4)
if there is no person who meets the requirements of paragraph (1), (2), or (3), or if each person who meets such requirements dies before the payment due him under this subchapter is completed, to the parent or parents, if any, of the deceased individual who were, for the month in which the deceased individual died, entitled to monthly benefits on the basis of the same wages and self-employment income as was the deceased individual (and, in case there is more than one such parent, in equal parts to each such parent);
(5)
if there is no person who meets the requirements of paragraph (1), (2), (3), or (4), or if each person who meets such requirements dies before the payment due him under this subchapter is completed, to the person, if any, determined by the Secretary to be the surviving spouse of the deceased individual;
(6)
if there is no person who meets the requirements of paragraph (1), (2), (3), (4), or (5), or if each person who meets such requirements dies before the payment due him under this subchapter is completed, to the person or persons, if any, determined by the Secretary to be the child or children of the deceased individual (and, in case there is more than one such child, in equal parts to each such child);
(7)
if there is no person who meets the requirements of paragraph (1), (2), (3), (4), (5), or (6), or if each person who meets such requirements dies before the payment due him under this subchapter is completed, to the parent or parents, if any, of the deceased individual (and, in case there is more than one such parent, in equal parts to each such parent); or
(8)
if there is no person who meets the requirements of paragraph (1), (2), (3), (4), (5), (6), or (7), or if each person who meets such requirements dies before the payment due him under this subchapter is completed, to the legal representatives of the estate of the deceased individual, if any.
(f)

Settlement of claims for section 1395k benefits on behalf of deceased individuals

section 1395k(a)(1) of this titleIf an individual who received medical and other health services for which payment may be made under dies, and no assignment of the right to payment for such services was made by such individual before his death, and payment for such services has not been made—
(1)
section 1395u(b)(3)(B)(ii) of this title if the person or persons who furnished the services agree to the terms of assignment specified in with respect to the services, payment for such services shall be made to such person or persons, and
(2)
section 1395u(b)(3)(B)(ii) of this title if the person or persons who furnished the services do not agree to the terms of assignment specified in with respect to the services, payment for such services shall be made on the basis of an itemized bill to the person who has agreed to assume the legal obligation to make payment for such services and files a request for payment (with such accompanying evidence of such legal obligation as may be required in regulations),
but only in such amount and subject to such conditions as would be applicable if the individual who received the services had not died.
(g)

Refund of premiums for deceased individuals

section 1395i–2(c) of this titlesection 1395p of this titleIf an individual, who is enrolled under or under , dies, and premiums with respect to such enrollment have been received with respect to such individual for any month after the month of his death, such premiums shall be refunded to the person or persons determined by the Secretary under regulations to have paid such premiums or if payment for such premiums was made by the deceased individual before his death, to the legal representative of the estate of such deceased individual, if any. If there is no person who meets the requirements of the preceding sentence such premiums shall be refunded to the person or persons in the priorities specified in paragraphs (2) through (7) of subsection (e).

(h)

Appeals by providers of services or suppliers

Notwithstanding subsection (f) or any other provision of law, the Secretary shall permit a provider of services or supplier to appeal any determination of the Secretary under this subchapter relating to services rendered under this subchapter to an individual who subsequently dies if there is no other party available to appeal such determination.

Aug. 14, 1935, ch. 531Pub. L. 89–97, title I, § 102(a)79 Stat. 331Pub. L. 90–248, title I, § 154(b)81 Stat. 862Pub. L. 92–603, title II86 Stat. 1448Pub. L. 93–445, title III, § 30988 Stat. 1358Pub. L. 96–499, title IX, § 954(a)94 Stat. 2647Pub. L. 97–248, title I, § 128(d)(1)96 Stat. 367Pub. L. 100–203, title IV101 Stat. 1330–139Pub. L. 100–360, title IV, § 411(e)(3)102 Stat. 776Pub. L. 100–360, title IV, § 411(j)(4)(B)102 Stat. 791Pub. L. 108–173, title IX, § 939(a)117 Stat. 2416Pub. L. 112–240, title VI, § 638(a)126 Stat. 2357(, title XVIII, § 1870, as added , , ; amended , (c), , ; , §§ 261(a), 266, 281(a), (b), , , 1450, 1454, 1455; , , ; , , ; , , ; , §§ 4039(h)(7), 4096(a)(2), Dec, 22, 1987, , as amended , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

act Aug. 29, 1935, ch. 812Pub. L. 93–445, title I, § 10188 Stat. 1305section 231 of Title 45section 231t of Title 45The Railroad Retirement Act of 1974, referred to in subsec. (b), is , as amended generally by , , , which is classified generally to subchapter IV (§ 231 et seq.) of chapter 9 of Title 45, Railroads. For further details and complete classification of this Act to the Code, see Codification note set out preceding , , and Tables.

Amendments

Pub. L. 112–2402013—Subsecs. (b), (c). substituted “fifth year” for “third year” and “five-year” for “three-year” in last sentence.

Pub. L. 108–1732003—Subsec. (h). added subsec. (h).

Pub. L. 100–360, § 411(e)(3)Pub. L. 100–203, § 4039(h)(7)1988—, added , see 1987 Amendment note below.

Pub. L. 100–360, § 411(j)(4)(B)Subsec. (f)(1), (2). , substituted “of assignment specified in” for “specified in subclauses (I) and (II) of”.

Pub. L. 100–203, § 4039(h)(7)Pub. L. 100–360, § 411(e)(3)1987—, as added by , amended section catchline generally.

Pub. L. 100–203, § 4096(a)(2)section 1395u(b)(3)(B)(ii) of this titleSubsec. (f)(1), (2). , substituted “to the terms specified in subclauses (I) and (II) of with respect to the services” for “that the reasonable charge is the full charge for the services”.

Pub. L. 97–2481982—Subsec. (c). substituted “section 1395y(a)” for “section 1395y”.

Pub. L. 96–4991980—Subsec. (f). amended subsec. (f) generally, inserting provision for payments to providers of medical and other health services where the person or persons furnishing the services did not agree that the reasonable charge was the full charge for such services.

Pub. L. 93–4451974—Subsec. (b). substituted “Railroad Retirement Act of 1974” for “Railroad Retirement Act of 1937”, wherever appearing.

Pub. L. 92–603, § 281(a)1972—Subsec. (b). , required that provider of services or other person be without fault with respect to payment of excess over correct amount as prerequisite to adjustment or recovery of incorrect payments.

Pub. L. 92–603Subsec. (c). , §§ 261(a), 281(b), substituted “or where the adjustment (or recovery) would be made by decreasing payments to which another person who is without fault is entitled as provided in subsection (b)(4), if” for “and where”, inserted reference to subchapter XVIII of this chapter, and inserted provisions covering the adjustment or recovery of incorrect payments against individuals who are without fault.

Pub. L. 92–603, § 266Subsec. (g). , added subsec. (g).

Pub. L. 90–248, § 154(b)1968—, provided for settlement of claims for benefits on behalf of deceased individuals in section catchline.

Pub. L. 90–248, § 154(c)Subsecs. (e), (f). , added subsecs. (e) and (f).

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Pub. L. 112–240, title VI, § 638(b)126 Stat. 2357

“The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [].”
, , , provided that:

Effective Date of 2003 Amendment

Pub. L. 108–173, title IX, § 939(b)117 Stat. 2416

“The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [] and shall apply to items and services furnished on or after such date.”
, , , provided that:

Effective Date of 1988 Amendment

section 411 of Pub. L. 100–360Pub. L. 100–360Pub. L. 100–203Pub. L. 100–203section 411(a) of Pub. L. 100–360section 106 of Title 1Except as specifically provided in , amendment by , as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, , effective as if included in the enactment of that provision in , see , set out as a Reference to OBRA; Effective Date note under , General Provisions.

Effective Date of 1987 Amendment

section 4096(a)(2) of Pub. L. 100–203section 4096(d) of Pub. L. 100–203section 1320c–3 of this titleAmendment by applicable to services furnished on or after , see , set out as a note under .

Effective Date of 1982 Amendment

Pub. L. 97–248section 128(e)(3) of Pub. L. 97–248section 1395x of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1980 Amendment

Pub. L. 96–499, title IX, § 954(b)94 Stat. 2647

“The amendment made by this section [amending this section] shall apply only to claims filed on or after .”
, , , provided that:

Effective Date of 1974 Amendment

Pub. L. 93–445section 603 of Pub. L. 93–445section 402 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1972 Amendment

Pub. L. 92–603, title II, § 261(b)86 Stat. 1448

“The amendment made by subsection (a) [amending this section] shall apply with respect to waiver actions considered after the date of the enactment of this Act [].”
, , , provided that:

Pub. L. 92–603, title II, § 281(g)86 Stat. 1456

“The provisions of subsection (a)(1) [amending this section] shall apply with respect to notices of payment sent to individuals after the date of enactment of this Act []. The provisions of subsections (a)(2), (b), (c), and (d) [amending this section and sections 1395u and 1395cc of this title] shall apply in the case of notices sent to individuals after 1968. The provisions of subsections (e) and (f) [amending sections 1395f and 1395n of this title] shall apply in the case of services furnished (or deemed to have been furnished) after 1970.”
, , , provided that:

Waiver of Liability Limiting Recoupment in Certain Cases

Pub. L. 101–239, title VI, § 6109103 Stat. 2213

42 U.S.C. 1395j42 U.S.C. 1395gg(c)“In the case where more than the correct amount may have been paid to a physician or individual under part B of title XVIII of the Social Security Act [ et seq.] with respect to services furnished during the period beginning on , and ending on , as a result of a carrier’s establishing statewide fees for certain procedure codes while the carrier was in the process of implementing the national common procedure coding system of the Health Care Financing Administration, the provisions of section 1870(c) of the Social Security Act [] shall apply, without the need for affirmative action by such a physician or individual, so as to prevent any recoupment, or other decrease in subsequent payments, to the physician or individual. The previous sentence shall apply to claims for items and services which were reopened by carriers on or after .”
, , , provided that: