42 CFR §411.12
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Basic rule. Medicare does not pay for services usually covered under Medicare if the charges for those services are imposed by—
- (b)Definitions. As used in this section—
- (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.
- (1)Physicians' services.
- (d)Exception to the exclusion. The exclusion does not apply to charges imposed by a corporation other than a professional corporation.
Immediate relative means any of the following:
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.