Title 42
SECTION 411.12
411.12 Charges imposed by an immediate relative or member of the beneficiary's household.
§ 411.12 Charges imposed by an immediate relative or member of the beneficiary's household.(a) Basic rule. Medicare does not pay for services usually covered under Medicare if the charges for those services are imposed by -
(1) An immediate relative of the beneficiary; or
(2) A member of the beneficiary's household.
(b) Definitions. As used in this section -
Immediate relative means any of the following:
(1) Husband or wife.
(2) Natural or adoptive parent, child, or sibling.
(3) Stepparent, stepchild, stepbrother, or stepsister.
(4) Father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law.
(5) Grandparent or grandchild.
(6) Spouse of grandparent or grandchild.
Member of the household means any person sharing a common abode as part of a single family unit, including domestic employees and others who live together as part of a family unit, but not including a mere roomer or boarder.
Professional corporation means a corporation that is completely owned by one or more physicians and is operated for the purpose of conducting the practice of medicine, osteopathy dentistry, podiatry, optometry, or chiropractic, or is owned by other health care professionals as authorized by State law.
(c) Applicability of the exclusion. The exclusion applies to the following charges in the specified circumstances:
(1) Physicians' services. (i) Charges for physicians' services furnished by an immediate relative of the beneficiary or member of the beneficiary's household, even if the bill or claim is submitted by another individual or by an entity such as a partnership or a professional corporation.
(ii) Charges for services furnished incident to a physician's professional services (for example by the physician's nurse or technician), only if the physician who ordered or supervised the services has an excluded relationship to the beneficiary.
(2) Services other than physicians' services. (i) Charges imposed by an individually owned provider or supplier if the owner has an excluded relationship to the beneficiary; and
(ii) Charges imposed by a partnership if any of the partners has an excluded relationship to the beneficiary.
(d) Exception to the exclusion. The exclusion does not apply to charges imposed by a corporation other than a professional corporation.