42 CFR 411.404 - Criteria for determining that a beneficiary knew that services were excluded from coverage as custodial care or as not reasonable and necessary

Cite as42 CFR 411.404
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28 practice notes
  • Almy v. Sebelius, Civil Action No. RDB–08–1245.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • September 3, 2010
    ...of medical necessity. When this written notice is supplied to the beneficiary, the beneficiary is liable for payment of the DME item. 42 C.F.R. § 411.404(b); MCPM Ch. 30, § 40.1.1. In the ABN, the supplier must state the potential reason for Medicare's denial of DME payment and must also de......
  • Cal. Clinical Lab. Ass'n v. Sec'y of Health & Human Servs., Civil Action No. 14–cv–0673 KBJ
    • United States
    • U.S. District Court — District of Columbia
    • May 20, 2015
    ...for the denied services or items[.]” Id.; see alsoInt'l Rehabilitative Scis. Inc. v. Sebelius,688 F.3d 994, 998 (9th Cir.2012)(citing 42 C.F.R. § 411.404) (explaining that Medicare providers bear the financial risk of coverage denials in absence of written advance beneficiary notices shifti......
  • Townsend v. Cochran, 20-cv-01210 (ALC)
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • March 25, 2021
    ...written notice (called an "Advance Beneficiary Notice") of the specific reason why the item or service will probably not be covered. 42 C.F.R. § 411.404(b). Here, there was no evidence that Plaintiff had received an Advance Beneficiary Notice. CAR at 73.7 These decisions are all part of the......
  • Townsend v. Cochran, 20-cv-01210 (ALC)
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 25, 2021
    ...written notice (called an "Advance Beneficiary Notice") of the specific reason why the item or service will probably not be covered. 42 C.F.R. § 411.404(b). Here, there was no evidence that Plaintiff had received an Advance Beneficiary Notice. CAR at 73. 7. These decisions are all part of t......
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17 cases
  • Almy v. Sebelius, Civil Action No. RDB–08–1245.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • September 3, 2010
    ...of medical necessity. When this written notice is supplied to the beneficiary, the beneficiary is liable for payment of the DME item. 42 C.F.R. § 411.404(b); MCPM Ch. 30, § 40.1.1. In the ABN, the supplier must state the potential reason for Medicare's denial of DME payment and must also de......
  • Cal. Clinical Lab. Ass'n v. Sec'y of Health & Human Servs., Civil Action No. 14–cv–0673 KBJ
    • United States
    • U.S. District Court — District of Columbia
    • May 20, 2015
    ...for the denied services or items[.]” Id.; see alsoInt'l Rehabilitative Scis. Inc. v. Sebelius,688 F.3d 994, 998 (9th Cir.2012)(citing 42 C.F.R. § 411.404) (explaining that Medicare providers bear the financial risk of coverage denials in absence of written advance beneficiary notices shifti......
  • Townsend v. Cochran, 20-cv-01210 (ALC)
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • March 25, 2021
    ...written notice (called an "Advance Beneficiary Notice") of the specific reason why the item or service will probably not be covered. 42 C.F.R. § 411.404(b). Here, there was no evidence that Plaintiff had received an Advance Beneficiary Notice. CAR at 73.7 These decisions are all part of the......
  • Townsend v. Cochran, 20-cv-01210 (ALC)
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 25, 2021
    ...written notice (called an "Advance Beneficiary Notice") of the specific reason why the item or service will probably not be covered. 42 C.F.R. § 411.404(b). Here, there was no evidence that Plaintiff had received an Advance Beneficiary Notice. CAR at 73. 7. These decisions are all part of t......
  • Request a trial to view additional results

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