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    <FDSYS>
        <CFRTITLE>42</CFRTITLE>
        <CFRTITLETEXT>Public Health</CFRTITLETEXT>
        <VOL>2</VOL>
        <DATE>2024-10-01</DATE>
        <COVERONLY>false</COVERONLY>
        <ORIGINALDATE>2024-10-01</ORIGINALDATE>
        <ANCESTORS>
            <PARENT HEADING="Title 42" SEQ="4">Public Health</PARENT>
            <PARENT HEADING="CHAPTER IV" SEQ="3">CENTERS FOR MEDICARE &amp; MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES</PARENT>
            <PARENT HEADING="SUBCHAPTER B" SEQ="2">MEDICARE PROGRAM</PARENT>
            <PARENT HEADING="PART 409" SEQ="1">HOSPITAL INSURANCE BENEFITS</PARENT>
            <PARENT HEADING="Subpart F" SEQ="0">Scope of Hospital Insurance Benefits</PARENT>
        </ANCESTORS>
    </FDSYS>
    <SECTION>
        <SECTNO>§ 409.61</SECTNO>
        <SUBJECT>General limitations on amount of benefits.</SUBJECT>
        <P>
            (a) 
            <E T="03">Inpatient hospital or inpatient CAH services</E>
            —(1) 
            <E T="03">Regular benefit days.</E>
             Up to 90 days are available in each benefit period, subject to the limitations on days for psychiatric hospital services set forth in §§ 409.62 and 409.63.
        </P>
        <P>
            (i) For the first 60 days (referred to in this subpart as 
            <E T="03">full benefit days</E>
            ), Medicare pays the hospital or CAH for all covered services furnished the beneficiary, except for a deductible which is the beneficiary's responsibility. (Section 409.82 specifies the requirements for the inpatient hospital deductible.)
        </P>
        <P>
            (ii) For the next 30 days (referred to in this subpart as 
            <E T="03">coinsurance days</E>
            ), Medicare pays for all covered services except for a daily coinsurance amount, which is the beneficiary's responsibility. (Section 409.83 specifies the inpatient hospital coinsurance amounts.)
        </P>
        <P>
            (2) 
            <E T="03">Lifetime reserve days.</E>
             Each beneficiary has a non-renewable lifetime reserve of 60 days of inpatient hospital or inpatient CAH services that he may draw upon whenever he is hospitalized for more than 90 days in a benefit period. Upon exhaustion of the regular benefit days, the reserve days will be used unless the beneficiary elects not to use them, as provided in § 409.65. For lifetime reserve days, Medicare pays for all covered services except for a daily coinsurance amount that is the beneficiary's responsibility. (See § 409.83.)
        </P>
        <P>
            (3) 
            <E T="03">Order of payment for inpatient hospital or inpatient CAH services.</E>
             Medicare pays for inpatient hospital services in the following order.
        </P>
        <P>(i) The 60 full benefit days;</P>
        <P>(ii) The 30 coinsurance days;</P>
        <P>(iii) The remaining lifetime reserve days.</P>
        <P>
            (b) 
            <E T="03">Posthospital SNF care furnished by a SNF, or by a hospital or a CAH with a swing-bed approval.</E>
             Up to 100 days are available in each benefit period after discharge from a hospital or CAH. For the first 20 days, Medicare pays for all covered services. For the 21st through 100th day, Medicare pays for all covered services except for a daily coinsurance amount that is the beneficiary's responsibility.
        </P>
        <P>
            (c) 
            <E T="03">Renewal of inpatient benefits.</E>
             The beneficiary's full entitlement to the 90 inpatient hospital or inpatient CAH regular benefit days, and the 100 SNF benefit days, is renewed each time he or she begins a benefit period. However, once lifetime reserve days are used, they can never be renewed.
        </P>
        <P>
            (d) 
            <E T="03">Home health services.</E>
             Medicare Part A pays for all covered home health services 
            <SU>1</SU>
            <FTREF/>
             with no deductible, and subject to the following limitations on payment for durable medical equipment (DME):
        </P>
        <FTNT>
            <P>
                <SU>1</SU>
                 Before July 1, 1981, Medicare Part A paid for not more than 100 home health visits during one year following the beneficiary's most recent discharge from a hospital or a SNF.
            </P>
        </FTNT>
        <P>
            (1) For DME furnished by an HHA that is a nominal charge provider, 
            <PRTPAGE P="394"/>
            Medicare Part A pays 80 percent of fair compensation.
        </P>
        <P>(2) For DME furnished by an HHA that is not a nominal charge provider, Medicare Part A pays the lesser of the following:</P>
        <P>(i) 80 percent of the reasonable cost of the service.</P>
        <P>(ii) The reasonable cost of, or the customary charge for, the service, whichever is less, minus 20 percent of the customary (insofar as reasonable) charge for the service.</P>
        <CITA>[48 FR 12541, Mar. 25, 1983, as amended at 51 FR 41339, Nov. 14, 1986; 54 FR 4027, Jan. 27, 1989; 58 FR 30666, 30667, May 26, 1993]</CITA>
    </SECTION>
</CFRGRANULE>
