US Code

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

42 U.S.C. § 1395n

Procedure for payment of claims of providers of services

(a)

section 1395k(a)(2) of this title Conditions for payment for services described in

section 1395k(a)(2) of this titlesection 1395cc(a) of this titleExcept as provided in subsections (b), (c), and (e), payment for services described in furnished an individual may be made only to providers of services which are eligible therefor under , and only if—
(1)
written request, signed by such individual, except in cases in which the Secretary finds it impracticable for the individual to do so, is filed for such payment in such form, in such manner and by such person or persons as the Secretary may by regulation prescribe, no later than the close of the period ending 1 calendar year after the date of service; and
(2)
section 1395x(aa)(5) of this titlesection 1395x(aa)(5) of this titlesection 1395cc(j) of this title a physician, or, in the case of services described in subparagraph (A), a physician, a nurse practitioner or clinical nurse specialist (as those terms are defined in ) who is working in accordance with State law, or a physician assistant (as defined in ) who is working in accordance with State law, who is enrolled under , certifies (and recertifies, where such services are furnished over a period of time, in such cases, with such frequency, and accompanied by such supporting material, appropriate to the case involved, as may be provided by regulations) that—
(A)
section 1395x(m)(7) of this titlesection 1395x(gg) of this title in the case of home health services (i) such services are or were required because the individual is or was confined to his home (except when receiving items and services referred to in ) and needs or needed skilled nursing care (other than solely venipuncture for the purpose of obtaining a blood sample) on an intermittent basis or physical or speech therapy or, in the case of an individual who has been furnished home health services based on such a need and who no longer has such a need for such care or therapy, continues or continued to need occupational therapy, (ii) a plan for furnishing such services to such individual has been established and is periodically reviewed by a physician, a nurse practitioner, a clinical nurse specialist, or a physician assistant (as the case may be), (iii) such services are or were furnished while the individual is or was under the care of a physician, a nurse practitioner, a clinical nurse specialist, or a physician assistant (as the case may be), and (iv) in the case of a certification made by a physician after , or by a nurse practitioner, clinical nurse specialist, or physician assistant (as the case may be) after a date specified by the Secretary (but in no case later than the date that is 6 months after ), prior to making such certification a physician, nurse practitioner, clinical nurse specialist, or physician assistant must document that a physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife (as defined in ) as authorized by State law, or physician assistant has had a face-to-face encounter (including through use of telehealth and other than with respect to encounters that are incident to services involved) with the individual during the 6-month period preceding such certification, or other reasonable timeframe as determined by the Secretary;
(B)
section 1395x(s)(2) of this title in the case of medical and other health services, except services described in subparagraphs (B), (C), and (D) of , such services are or were medically required;
(C)
in the case of outpatient physical therapy services or outpatient occupational therapy services, (i) such services are or were required because the individual needed physical therapy services or occupational therapy services, respectively, (ii) a plan for furnishing such services has been established by a physician or by the qualified physical therapist or qualified occupational therapist, respectively, providing such services and is periodically reviewed by a physician, and (iii) such services are or were furnished while the individual is or was under the care of a physician;
(D)
in the case of outpatient speech pathology services, (i) such services are or were required because the individual needed speech pathology services, (ii) a plan for furnishing such services has been established by a physician or by the speech pathologist providing such services and is periodically reviewed by a physician, and (iii) such services are or were furnished while the individual is or was under the care of a physician;
(E)
in the case of comprehensive outpatient rehabilitation facility services, (i) such services are or were required because the individual needed skilled rehabilitation services, (ii) a plan for furnishing such services has been established and is periodically reviewed by a physician, and (iii) such services are or were furnished while the individual is or was under the care of a physician; and
(F)
in the case of partial hospitalization services, (i) the individual would require inpatient psychiatric care in the absence of such services, (ii) an individualized, written plan for furnishing such services has been established by a physician and is reviewed periodically by a physician, and (iii) such services are or were furnished while the individual is or was under the care of a physician.
section 1395x(p)(4)(A) of this titlellsection 1395x of this titlesection 1395x(p)(4)(B) of this titlellsection 1395x of this titlellsection 1395x of this titleFor purposes of this section, the term “provider of services” shall include a clinic, rehabilitation agency, or public health agency if, in the case of a clinic or rehabilitation agency, such clinic or agency meets the requirements of (or meets the requirements of such section through the operation of subsection (g) or ()(2) of ), or if, in the case of a public health agency, such agency meets the requirements of (or meets the requirements of such section through the operation of subsection (g) or ()(2) of ), but only with respect to the furnishing of outpatient physical therapy services (as therein defined) or (through the operation of subsection (g) or ()(2) of ) with respect to the furnishing of outpatient occupational therapy services or outpatient speech-language pathology services, respectively.
1
1 So in original.
To the extent provided by regulations, the certification and recertification requirements of paragraph (2) shall be deemed satisfied where, at a later date, a physician, nurse practitioner, clinical nurse specialist, or physician assistant (as the case may be) makes a certification of the kind provided in subparagraph (A) or (B) of paragraph (2) (whichever would have applied), but only where such certification is accompanied by such medical and other evidence as may be required by such regulations. With respect to the certification required by paragraph (2) for home health services furnished to any individual by a home health agency (other than an agency which is a governmental entity) and with respect to the establishment and review of a plan for such services, the Secretary shall prescribe regulations which shall become effective no later than (or in the case of regulations to implement the amendments made by section 3708 of the CARES Act the Secretary shall prescribe regulations which shall become effective no later than 6 months after ), and which prohibit a physician, nurse practitioner, clinical nurse specialist, or physician assistant who has a significant ownership interest in, or a significant financial or contractual relationship with, such home health agency from performing such certification and from establishing or reviewing such plan, except that such prohibition shall not apply with respect to a home health agency which is a sole community home health agency (as determined by the Secretary). For purposes of the preceding sentence, service by a physician, nurse practitioner, clinical nurse specialist, or physician assistant as an uncompensated officer or director of a home health agency shall not constitute having a significant ownership interest in, or a significant financial or contractual relationship with, such agency. For purposes of documentation for physician certification and recertification made under paragraph (2) on or after or no later than 6 months after , for purposes of documentation for certification and recertification made under paragraph (2) by a nurse practitioner, clinical nurse specialist, or physician assistant,, and made with respect to home health services furnished by a home health agency, in addition to using documentation in the medical record of the physician, nurse practitioner, clinical nurse specialist, or physician assistant who so certifies or the medical record of the acute or post-acute care facility (in the case that home health services were furnished to an individual who was directly admitted to the home health agency from such a facility), the Secretary may use documentation in the medical record of the home health agency as supporting material, as appropriate to the case involved. For purposes of paragraph (2)(A), an individual shall be considered to be “confined to his home” if the individual has a condition, due to an illness or injury, that restricts the ability of the individual to leave his or her home except with the assistance of another individual or the aid of a supportive device (such as crutches, a cane, a wheelchair, or a walker), or if the individual has a condition such that leaving his or her home is medically contraindicated. While an individual does not have to be bedridden to be considered “confined to his home”, the condition of the individual should be such that there exists a normal inability to leave home and that leaving home requires a considerable and taxing effort by the individual. Any absence of an individual from the home attributable to the need to receive health care treatment, including regular absences for the purpose of participating in therapeutic, psychosocial, or medical treatment in an adult day-care program that is licensed or certified by a State, or accredited, to furnish adult day-care services in the State shall not disqualify an individual from being considered to be “confined to his home”. Any other absence of an individual from the home shall not so disqualify an individual if the absence is of infrequent or of relatively short duration. For purposes of the preceding sentence, any absence for the purpose of attending a religious service shall be deemed to be an absence of infrequent or short duration. In applying paragraph (1), the Secretary may specify exceptions to the 1 calendar year period specified in such paragraph.
(b)

section 1395x(s) of this title Conditions for payment for services described in

(1)
section 1395x(s) of this titlesection 1395f(d)(1)(C) of this titlelsection 1395cc(a) of this title Payment may also be made to any hospital for services described in furnished as an outpatient service by a hospital or by others under arrangements made by it to an individual entitled to benefits under this part even though such hospital does not have an agreement in effect under this subchapter if (A) such services were emergency services, (B) the Secretary would be required to make such payment if the hospital had such an agreement in effect and otherwise met the conditions of payment hereunder, and (C) such hospital has made an election pursuant to with respect to the calendar year in which such emergency services are provided. Such payments shall be made only in the amounts provided under section 1395(a)(2) of this title and then only if such hospital agrees to comply, with respect to the emergency services provided, with the provisions of .
(2)
section 1395f(d)(1)(C) of this titlel Payment may also be made on the basis of an itemized bill to an individual for services described in paragraph (1) of this subsection if (A) payment cannot be made under such paragraph (1) solely because the hospital does not elect, in accordance with , to claim such payments and (B) such individual files application (submitted within such time and in such form and manner, and containing and supported by such information as the Secretary shall by regulations prescribe) for reimbursement. The amounts payable under this paragraph shall, subject to the provisions of section 1395 of this title, be equal to 80 percent of the hospital’s reasonable charges for such services.
(c)

section 1395x(s) of this title Collection of charges from individuals for services specified in

lsection 1395x(s) of this titlelllNotwithstanding the provisions of this section and sections 1395k, 1395, and 1395cc(a)(1)(A) of this title, a hospital or a critical access hospital may, subject to such limitations as may be prescribed by regulations, collect from an individual the customary charges for services specified in and furnished to him by such hospital as an outpatient, but only if such charges for such services do not exceed the applicable supplementary medical insurance deductible, and such customary charges shall be regarded as expenses incurred by such individual with respect to which benefits are payable in accordance with section 1395(a)(1) of this title. Payments under this subchapter to hospitals which have elected to make collections from individuals in accordance with the preceding sentence shall be adjusted periodically to place the hospital in the same position it would have been had it instead been reimbursed in accordance with section 1395(a)(2) of this title (or, in the case of a critical access hospital, in accordance with section 1395(a)(6) of this title).

(d)

Payment to Federal provider of services or other Federal agencies prohibited

section 1395qq of this titleSubject to , no payment may be made under this part to any Federal provider of services or other Federal agency, except a provider of services which the Secretary determines is providing services to the public generally as a community institution or agency; and no such payment may be made to any provider of services or other person for any item or service which such provider or person is obligated by a law of, or a contract with, the United States to render at public expense.

(e)

Payment to fund designated by medical staff or faculty of medical school

section 1395x(b) of this titlesection 1395k(a)(2)(B)(i) of this titlesection 1395x(v)(1)(D) of this titlesection 1395ww of this titleFor purposes of services (1) which are inpatient hospital services by reason of paragraph (7) of or for which entitlement exists by reason of clause (II) of , and (2) for which the reasonable cost thereof is determined under (or would be if did not apply), payment under this part shall be made to such fund as may be designated by the organized medical staff of the hospital in which such services were furnished or, if such services were furnished in such hospital by the faculty of a medical school, to such fund as may be designated by such faculty, but only if—
(A)
section 1395cc of this title such hospital has an agreement with the Secretary under , and
(B)
the Secretary has received written assurances that (i) such payment will be used by such fund solely for the improvement of care to patients in such hospital or for educational or charitable purposes and (ii) the individuals who were furnished such services or any other persons will not be charged for such services (or if charged provision will be made for return of any moneys incorrectly collected).

Aug. 14, 1935, ch. 531Pub. L. 89–97, title I, § 102(a)79 Stat. 303Pub. L. 90–248, title I81 Stat. 846Pub. L. 92–603, title II86 Stat. 1377Pub. L. 94–437, title IV, § 401(a)90 Stat. 1408Pub. L. 96–499, title IX94 Stat. 2631Pub. L. 97–35, title XXI95 Stat. 792Pub. L. 98–21, title VI, § 602(b)97 Stat. 163Pub. L. 98–369, div. B, title III98 Stat. 1091Pub. L. 98–617, § 3(a)(3)98 Stat. 3295Pub. L. 99–509, title IX, § 9337(c)100 Stat. 2034Pub. L. 100–203, title IV101 Stat. 1330–74Pub. L. 100–360, title II102 Stat. 724Pub. L. 101–234, title II, § 201(a)103 Stat. 1981Pub. L. 101–239, title VI, § 6003(g)(3)(D)(viii)103 Stat. 2153Pub. L. 101–508, title IV, § 4008(m)(2)(D)104 Stat. 1388–53Pub. L. 105–33, title IV111 Stat. 373Pub. L. 106–554, § 1(a)(6) [title V, § 507(a)(1)]114 Stat. 2763Pub. L. 108–173, title VII, § 736(c)(2)(B)117 Stat. 2356Pub. L. 110–275, title I, § 143(b)(4)122 Stat. 2543Pub. L. 111–148, title VI124 Stat. 768Pub. L. 115–123, div. E, title X, § 51002(b)132 Stat. 292Pub. L. 116–136, div. A, title III, § 3708(b)134 Stat. 419(, title XVIII, § 1835, as added , , ; amended , §§ 126(b), 129(c)(9)(A), (B), 130(a), (b), 133(e), , , 848, 849, 851; , §§ 204(b), 227(e)(2), 251(b)(2), 281(f), 283(b), , , 1406, 1445, 1456; , , ; , §§ 930(e), (j), 933(b), 944(a), , , 2632, 2635, 2642; , §§ 2106(b)(1), 2122(a)(1), , , 796; , , ; , §§ 2336(a), (b), 2342(b), 2354(b)(1), (8), (9), , , 1094, 1100; , , ; , , ; , §§ 4024(b), 4070(b)(3), 4085(i)(4), , , 1330–115, 1330–132; , §§ 203(d)(1), 205(d), , , 731; , , ; , , ; , , ; , §§ 4201(c)(1), 4615(a), , , 475; , , , 2763A–532; , , ; , , ; , §§ 6404(a)(2)(B), 6405(b)(2), 6407(a)(2), title X, §§ 10604, 10605(b), , , 770, 1006; , , ; , , .)

Editorial Notes

References in Text

section 3708 of Pub. L. 116–136The amendments made by section 3708 of the CARES Act, referred to in subsec. (a), are the amendments made by , which amended this section and sections 1395f, 1395x, and 1395ff of this title.

Amendments

Pub. L. 116–136, § 3708(b)(5)2020—Subsec. (a). , in fourth sentence of concluding provisions, inserted “or no later than 6 months after , for purposes of documentation for certification and recertification made under paragraph (2) by a nurse practitioner, clinical nurse specialist, or physician assistant,” after “” and “, nurse practitioner, clinical nurse specialist, or physician assistant” after “of the physician”.

Pub. L. 116–136, § 3708(b)(4), in third sentence of concluding provisions, inserted “, nurse practitioner, clinical nurse specialist, or physician assistant” after “physician”.

Pub. L. 116–136, § 3708(b)(3), in second sentence of concluding provisions, substituted “certification” for “physician certification” and “a physician, nurse practitioner, clinical nurse specialist, or physician assistant who” for “a physician who” and inserted “(or in the case of regulations to implement the amendments made by section 3708 of the CARES Act the Secretary shall prescribe regulations which shall become effective no later than 6 months after )” after “1981”.

Pub. L. 116–136, § 3708(b)(2), in first sentence of concluding provisions, inserted “, nurse practitioner, clinical nurse specialist, or physician assistant (as the case may be)” after “physician”.

Pub. L. 116–136, § 3708(b)(1)(A)section 1395x(aa)(5) of this titlesection 1395x(aa)(5) of this titleSubsec. (a)(2). , in introductory provisions, inserted “, a nurse practitioner or clinical nurse specialist (as those terms are defined in ) who is working in accordance with State law, or a physician assistant (as defined in ) who is working in accordance with State law, who is” after “in the case of services described in subparagraph (A), a physician”.

Pub. L. 116–136, § 3708(b)(1)(B)(i)Subsec. (a)(2)(A)(ii), (iii). , inserted “, a nurse practitioner, a clinical nurse specialist, or a physician assistant (as the case may be)” after “physician”.

Pub. L. 116–136, § 3708(b)(1)(B)(ii)section 1395x(gg) of this titlesection 1395x(aa)(5) of this titlesection 1395x(gg) of this titlesection 1395x(aa)(5) of this titleSubsec. (a)(2)(A)(iv). , substituted “made by a physician after , or by a nurse practitioner, clinical nurse specialist, or physician assistant (as the case may be) after a date specified by the Secretary (but in no case later than the date that is 6 months after ), prior to making such certification a physician, nurse practitioner, clinical nurse specialist, or physician assistant must document that a physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife (as defined in ) as authorized by State law, or physician assistant has had a face-to-face encounter” for “after , prior to making such certification the physician must document that the physician, or a nurse practitioner or clinical nurse specialist (as those terms are defined in ) who is working in collaboration with the physician in accordance with State law, or a certified nurse-midwife (as defined in ) as authorized by State law, or a physician assistant (as defined in ) under the supervision of the physician, has had a face-to-face encounter”.

Pub. L. 115–1232018—Subsec. (a). inserted “For purposes of documentation for physician certification and recertification made under paragraph (2) on or after , and made with respect to home health services furnished by a home health agency, in addition to using documentation in the medical record of the physician who so certifies or the medical record of the acute or post-acute care facility (in the case that home health services were furnished to an individual who was directly admitted to the home health agency from such a facility), the Secretary may use documentation in the medical record of the home health agency as supporting material, as appropriate to the case involved.” before “For purposes of paragraph (2)(A),” in concluding provisions.

Pub. L. 111–148, § 6404(a)(2)(B)(ii)2010—Subsec. (a). , inserted at end of concluding provisions “In applying paragraph (1), the Secretary may specify exceptions to the 1 calendar year period specified in such paragraph.”

Pub. L. 111–148, § 6404(a)(2)(B)(i)Subsec. (a)(1). , substituted “period ending 1 calendar year after the date of service;” for “period of 3 calendar years following the year in which such services are furnished (deeming any services furnished in the last 3 calendar months of any calendar year to have been furnished in the succeeding calendar year) except that, where the Secretary deems that efficient administration so requires, such period may be reduced to not less than 1 calendar year;”.

Pub. L. 111–148, § 6405(b)(2)Pub. L. 111–148, § 10604section 1395cc(j) of this titleSubsec. (a)(2). , as amended by , inserted “, or, in the case of services described in subparagraph (A), a physician enrolled under ,” after “a physician” in introductory provisions.

Pub. L. 111–148, § 10605(b)section 1395x(aa)(5) of this titlesection 1395x(gg) of this titlesection 1395x(aa)(5) of this titleSubsec. (a)(2)(A)(iv). , inserted “, or a nurse practitioner or clinical nurse specialist (as those terms are defined in ) who is working in collaboration with the physician in accordance with State law, or a certified nurse-midwife (as defined in ) as authorized by State law, or a physician assistant (as defined in ) under the supervision of the physician,” after “must document that the physician”.

Pub. L. 111–148, § 6407(a)(2), added cl. (iv).

Pub. L. 110–275llsection 1395x of this titlesection 1395x(g) of this title2008—Subsec. (a). , in second sentence, substituted “subsection (g) or ()(2) of ” for “” wherever appearing and inserted “or outpatient speech-language pathology services, respectively” before period at end.

Pub. L. 108–1732003—Subsec. (a). substituted “leave home and” for “leave home,” in fifth sentence of concluding provisions.

Pub. L. 106–5542000—Subsec. (a). , in concluding provisions, struck out “, and that absences of the individual from home are infrequent or of relatively short duration, or are attributable to the need to receive medical treatment” after “taxing effort by the individual” and inserted at end “Any absence of an individual from the home attributable to the need to receive health care treatment, including regular absences for the purpose of participating in therapeutic, psychosocial, or medical treatment in an adult day-care program that is licensed or certified by a State, or accredited, to furnish adult day-care services in the State shall not disqualify an individual from being considered to be ‘confined to his home’. Any other absence of an individual from the home shall not so disqualify an individual if the absence is of infrequent or of relatively short duration. For purposes of the preceding sentence, any absence for the purpose of attending a religious service shall be deemed to be an absence of infrequent or short duration.”

Pub. L. 105–33, § 4615(a)1997—Subsec. (a)(2)(A). , inserted “(other than solely venipuncture for the purpose of obtaining a blood sample)” after “skilled nursing care”.

Pub. L. 105–33, § 4201(c)(1)Subsec. (c). , substituted “critical access” for “rural primary care” in two places.

Pub. L. 101–508lll1990—Subsec. (c). substituted “a hospital or a rural primary care hospital may” for “a hospital may” in first sentence, substituted “section 1395(a)(2) of this title (or, in the case of a rural primary care hospital, in accordance with section 1395(a)(6) of this title)” for “section 1395(a)(2) of this title” in second sentence, and struck out at end “A rural primary care hospital shall be considered a hospital for purposes of this subsection.”

Pub. L. 101–234Pub. L. 100–3601989—Subsec. (a)(2)(G), (H). repealed , §§ 203(d)(1), 205(d), and provided that the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted, see 1988 Amendment notes below.

Pub. L. 101–239Subsec. (c). inserted at end “A rural primary care hospital shall be considered a hospital for purposes of this subsection.”

Pub. L. 100–360, § 203(d)(1)1988—Subsec. (a)(2)(G). , added subpar. (G) relating to home intravenous drug therapy services.

Pub. L. 100–360, § 205(d)Subsec. (a)(2)(H). , added subpar. (H) relating to in-home care provided to chronically dependent individuals.

Pub. L. 100–203, § 4024(b)1987—Subsec. (a). , inserted two sentences at end clarifying “confined to his home” for purposes of par. (2)(A).

Pub. L. 100–203, § 4085(i)(4)Subsec. (a)(2)(C)(i). , struck out second comma at end.

Pub. L. 100–203, § 4070(b)(3)Subsec. (a)(2)(F). , added subpar. (F).

Pub. L. 99–509, § 9337(c)(2)section 1395x(g) of this titlesection 1395x(g) of this title1986—Subsec. (a). , inserted in second sentence “(or meets the requirements of such section through the operation of )” in two places, and “or (through the operation of ) with respect to the furnishing of outpatient occupational therapy services”.

Pub. L. 99–509, § 9337(c)(1)Subsec. (a)(2)(C). , inserted “or outpatient occupational therapy services” in introductory provisions, “or occupational therapy services, respectively,” in cl. (i), and “or qualified occupational therapist, respectively,” in cl. (ii).

Pub. L. 98–369, § 2354(b)(1)Pub. L. 98–617, § 3(a)(3)1984—Subsec. (a). , as amended by , in concluding provisions, substituted “contractual” for “contractural”.

Pub. L. 98–369, § 2336(b), inserted before period at end of fourth sentence “, except that such prohibition shall not apply with respect to a home health agency which is a sole community home health agency (as determined by the Secretary)”.

Pub. L. 98–369, § 2336(a), inserted sentence at end that for purposes of the preceding sentence, service by a physician as an uncompensated officer or director of a home health agency shall not constitute having a significant ownership interest in, or a significant financial or contractual relationship with, such agency.

Pub. L. 98–369, § 2354(b)(8)(A)Subsec. (a)(2)(B), (C). , struck out “and” at end.

Pub. L. 98–369, § 2342(b)Subsec. (a)(2)(C)(ii). , substituted “by a physician or by the qualified physical therapist providing such services and is periodically reviewed by a physician” for “, and is periodically reviewed, by a physician”.

Pub. L. 98–369, § 2354(b)(8)(B)Subsec. (a)(2)(D). , realigned margin of subpar. (D).

Pub. L. 98–369, § 2354(b)(9)Subsec. (e)(2). , designated concluding pars. (1) and (2) as (A) and (B), respectively, and in par. (B) inserted “(i)” after “written assurances that” and substituted “(ii) the individuals who” for “(B) the individuals who” and “return of” for “return for”.

Pub. L. 98–21section 1395ww of this titlesection 1395(v)(1)(D) of this title1983—Subsec. (e). inserted “(or would be if did not apply)” after “”.

Pub. L. 97–35, § 2122(a)(1)1981—Subsec. (a)(2)(A). , substituted “needs or needed skilled nursing care on an intermittent basis or physical or speech therapy or, in the case of an individual who has been furnished home health services based on such a need and who no longer has such a need for such care or therapy, continues or continued to need occupational therapy” for “needed skilled nursing care on an intermittent basis, or physical, occupational, or speech therapy”.

Pub. L. 97–35, § 2106(b)(1)Subsec. (a)(2)(D). , inserted “and” after “physician;”.

Pub. L. 97–35, § 2106(b)(1)Subsec. (a)(2)(E). , substituted a period for “; and” at the end.

Pub. L. 96–499, § 930(e)1980—Subsec. (a). , inserted sentence at end authorizing Secretary to prescribe regulations to prohibit significantly interested physicians from performing physician certification required by par. (2) for home health services.

Pub. L. 96–499, § 930(j)Subsec. (a)(2)(A). , substituted “physical, occupational, or speech” for “physical or speech”.

Pub. L. 96–499, § 944(a)Subsec. (a)(2)(D)(ii). , inserted “by a physician or by the speech pathologist providing such services”, after “has been established”.

Pub. L. 96–499, § 933(b)Subsec. (a)(2)(E). , added subpar. (E).

Pub. L. 94–437section 1395qq of this title1976—Subsec. (d). substituted “Subject to , no payment” for “No payment”.

Pub. L. 92–603, § 227(e)(2)(A)1972—Subsec. (a). , inserted reference to subsec. (e) of this section in introductory provisions.

Pub. L. 92–603, § 281(f)Subsec. (a)(1). , placed a 3-year time limitation on time within which a written request for payment is filed, with provision for reduction of limit to 1 year.

Pub. L. 92–603, § 251(b)(2)Subsec. (a)(2)(C). , substituted “because the individual needed physical therapy services” for “because the individual needed physical therapy services on an outpatient basis”.

Pub. L. 92–603, § 283(b)Subsec. (a)(2)(D). , added subpar. (D).

Pub. L. 92–603, § 204(b)Subsec. (c). , substituted “the applicable supplementary medical insurance deductible” for “$50”.

Pub. L. 92–603, § 227(e)(2)(B)Subsec. (e). , added subsec. (e).

Pub. L. 90–2481968—Subsec. (a). , §§ 129(c)(9)(A), 130(a), inserted introductory exception phrase and included reference to subsec. (c).

Pub. L. 90–248, § 133(e)(5)Subsec. (a)(2). , inserted sentence at end defining “provider of services”.

Pub. L. 90–248section 1395x(s)(2) of this titleSubsec. (a)(2)(B). , §§ 126(b), 133(e)(4), inserted “except services described in subparagraphs (B) and (C) of ,” after “health services,” and inserted reference to subpar. (d).

Pub. L. 90–248, § 133(e)(1)Subsec. (a)(2)(C). –(3), added subpar. (C).

Pub. L. 90–248, § 129(c)(9)(B)Subsec. (b). , added subsec. (b). Former subsec. (b) redesignated (c), in turn redesignated (d).

Pub. L. 90–248, § 130(b)Subsec. (c). , added subsec. (c). Former subsec. (c), previously designated (b), redesignated (d).

Pub. L. 90–248Subsec. (d). , §§ 129(c)(9)(B), 130(b), redesignated former subsec. (b) as (c), in turn as (d), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Pub. L. 116–136section 3708(f) of Pub. L. 116–136section 1395f of this titleSecretary of Health and Human Services to prescribe regulations to apply the amendments made by to items and services furnished, which shall become effective no later than 6 months after , see , set out as a note under .

Effective Date of 2010 Amendment

section 6404(a)(2)(B) of Pub. L. 111–14842 U.S.C. 1395n(a)section 6404(b) of Pub. L. 111–148section 1395f of this titleAmendment by applicable to services furnished on or after , and in case of services furnished before , a bill or request for payment under to be filed not later than , see , set out as a note under .

section 6405(b)(2) of Pub. L. 111–148section 6405(d) of Pub. L. 111–148section 1395f of this titleAmendment by applicable to written orders and certifications made on or after , see , set out as a note under .

Effective Date of 2008 Amendment

Pub. L. 110–275section 143(c) of Pub. L. 110–275section 1395k of this titleAmendment by applicable to services furnished on or after , see , set out as a note under .

Effective Date of 2000 Amendment

Pub. L. 106–554Pub. L. 106–554section 1395f of this titleAmendment by applicable to home health services furnished on or after , see section 1(a)(6) [title V, § 507(a)(2)] of , set out as a note under .

Effective Date of 1997 Amendment

section 4201(c)(1) of Pub. L. 105–33section 4201(d) of Pub. L. 105–33section 1395f of this titleAmendment by applicable to services furnished on or after , see , set out as a note under .

section 4615(a) of Pub. L. 105–33section 4615(b) of Pub. L. 105–33section 1395f of this titleAmendment by applicable to home health services furnished after 6-month period beginning after , see , set out as a note under .

Effective Date of 1989 Amendment

Pub. L. 101–234section 201(c) of Pub. L. 101–234section 1320a–7a of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1988 Amendment

section 203(d)(1) of Pub. L. 100–360section 203(g) of Pub. L. 100–360section 1320c–3 of this titleAmendment by applicable to items and services furnished on or after , see , set out as a note under .

section 205(d) of Pub. L. 100–360section 205(f) of Pub. L. 100–360section 1395k of this titleAmendment by applicable to items and services furnished on or after , see , set out as a note under .

Effective Date of 1987 Amendment

section 4024(b) of Pub. L. 100–203section 4024(c) of Pub. L. 100–203section 1395f of this titleAmendment by applicable to items and services provided on or after , see , set out as a note under .

Effective Date of 1986 Amendment

Pub. L. 99–509section 9337(e) of Pub. L. 99–509section 1395k of this titleAmendment by applicable to expenses incurred for outpatient occupational therapy services furnished on or after , see , set out as a note under .

Effective Date of 1984 Amendment

Pub. L. 98–617Pub. L. 98–369section 3(c) of Pub. L. 98–617section 1395f of this titleAmendment by effective as if originally included in the Deficit Reduction Act of 1984, , see , set out as a note under .

section 2336(a) of Pub. L. 98–369section 2336(c)(1) of Pub. L. 98–369section 1395f of this titleAmendment by applicable to certifications and plans of care made or established on or after , see , set out as a note under .

Pub. L. 98–369, div. B, title III, § 2342(c)98 Stat. 1094

section 1395x of this title“The amendments made by this section [amending this section and ] apply to plans of care established on or after the date of the enactment of this Act [].”
, , , provided that:

Pub. L. 98–369section 2354(e)(1) of Pub. L. 98–369section 1320a–1 of this titleAmendment by section 2354(b)(1), (8), (9) of effective , but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see , set out as a note under .

Effective Date of 1983 Amendment

Pub. L. 98–21section 604(a)(1) of Pub. L. 98–21section 1395ww of this titleAmendment by applicable to items and services furnished by or under arrangement with a hospital beginning with its first cost reporting period that begins on or after , any change in a hospital’s cost reporting period made after November 1982 to be recognized for such purposes only if the Secretary finds good cause therefor, see , set out as a note under .

Effective Date of 1981 Amendment

section 2122(a)(1) of Pub. L. 97–35section 2122(b) of Pub. L. 97–35section 1395f of this titleAmendment by applicable to services furnished pursuant to plans of treatment implemented after the third month beginning after , see , set out as a note under .

Effective Date of 1980 Amendment

Pub. L. 96–499section 930(s)(1) of Pub. L. 96–499section 1395x of this titleAmendment by section 930(e), (j) of effective with respect to services furnished on or after , see , set out as a note under .

section 933(b) of Pub. L. 96–499section 933(h) of Pub. L. 96–499section 1395k of this titleAmendment by effective with respect to a comprehensive outpatient rehabilitation facility’s first accounting period beginning on or after , see , set out as a note under .

Pub. L. 96–499, title IX, § 944(b)94 Stat. 2642

“The amendment made by subsection (a) [amending this section] shall apply to plans for furnishing services established on or after .”
, , , provided that:

Effective Date of 1972 Amendment

section 204(b) of Pub. L. 92–603section 204(c) of Pub. L. 92–603lAmendment by effective with respect to calendar years after 1972, see , set out as a note under section 1395 of this title.

section 227(e)(2) of Pub. L. 92–603section 227(g) of Pub. L. 92–603section 1395x of this titleAmendment by applicable with respect to accounting periods beginning after , see , set out as a note under .

section 251(b)(2) of Pub. L. 92–603section 251(d)(2) of Pub. L. 92–603section 1395x of this titleAmendment by applicable with respect to services furnished on or after , see , set out as a note under .

section 281(f) of Pub. L. 92–603section 281(g) of Pub. L. 92–603section 1395gg of this titleAmendment by applicable in the case of services furnished (or deemed to have been furnished) after 1970, see , set out as a note under .

Pub. L. 92–603, title II, § 283(c)86 Stat. 1456

section 1395x of this title“The provisions of this section [amending this section and ] shall apply with respect to services rendered after .”
, , , provided that:

Effective Date of 1968 Amendment

section 126(b) of Pub. L. 90–248section 126(c) of Pub. L. 90–248section 1395f of this titleAmendment by applicable with respect to services furnished after , see , set out as a note under .

Pub. L. 90–248section 129(d) of Pub. L. 90–248section 1395d of this titleAmendment by section 129(c)(9)(A), (B) of applicable with respect to services furnished after , see , set out as a note under .

Pub. L. 90–248, title I, § 130(c)81 Stat. 849

“The amendments made by this section [amending this section] shall apply with respect to services furnished after .”
, , , provided that:

section 133(e) of Pub. L. 90–248section 133(g) of Pub. L. 90–248section 1395k of this titleAmendment by applicable with respect to services furnished after , see , set out as a note under .

Regulations

section 2336(b) of Pub. L. 98–369section 2336(c)(2) of Pub. L. 98–369section 1395f of this titleSecretary of Health and Human Services required to provide, not later than 90 days after , for revision of regulations as may be required to reflect amendment to subsec. (a) by , see , set out as a note under .

MedPAC Study on Direct Access to Physical Therapy Services

Pub. L. 108–173, title VI, § 647117 Stat. 2326

“(a)

Study .—

The Medicare Payment Advisory Commission (in this section referred to as the ‘Commission’) shall conduct a study on the feasibility and advisability of allowing medicare fee-for-service beneficiaries direct access to outpatient physical therapy services and physical therapy services furnished as comprehensive rehabilitation facility services.
“(b)

Report .—

Not later than , the Commission shall submit to Congress a report on the study conducted under subsection (a) together with recommendations for such legislation or administrative action as the Commission determines to be appropriate.
“(c)

Direct Access Defined .—

42 U.S.C. 139542 U.S.C. 1395n(a)(2)The term ‘direct access’ means, with respect to outpatient physical therapy services and physical therapy services furnished as comprehensive outpatient rehabilitation facility services, coverage of and payment for such services in accordance with the provisions of title XVIII of the Social Security Act [ et seq.], except that sections 1835(a)(2), 1861(p), and 1861(cc) of such Act (, 1395x(p), and 1395x(cc), respectively) shall be applied—
“(1)
without regard to any requirement that—
“(A)
an individual be under the care of (or referred by) a physician; or
“(B)
services be provided under the supervision of a physician; and
“(2)
by allowing a physician or a qualified physical therapist to satisfy any requirement for—
“(A)
certification and recertification; and
“(B)
establishment and periodic review of a plan of care.”
, , , provided that:

Home Health Prospective Payment Demonstration Project

Pub. L. 100–203, title IV, § 4027101 Stat. 1330–75Pub. L. 100–360, title IV, § 411(d)(6)102 Stat. 775, , , as amended by , , , directed Secretary of Health and Human Services to provide for a demonstration project to develop and test alternative methods of paying home health agencies on a prospective basis for services furnished under the medicare and medicaid programs, directed that the project be designed in a manner to enable the Secretary to evaluate the effects of various methods of prospective payment (including payments on a per-visit, per-case, and per-episode basis) on program expenditures, access to, and quality of, home health care, and home health agency operations, directed Secretary to assure that services are first furnished under the project not later than , and, for this purpose, authorized Secretary to reinstate a previously awarded contract, or award a sole source contract, to carry out the project, provided for funding, and directed Secretary to submit to Congress, not later than one year after , an interim report on the demonstration project and, not later than four years after , a final report on results of the project.