[Code of Federal Regulations] [Title 42, Volume 2] [Revised as of October 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 42CFR411.4] [Page 300] TITLE 42--PUBLIC HEALTH HUMAN SERVICES PART 411--EXCLUSIONS FROM MEDICARE AND LIMITATIONS ON MEDICARE PAYMENT--Table of Contents Subpart A--General Exclusions and Exclusion of Particular Services Sec. 411.4 Services for which neither the beneficiary nor any other person is legally obligated to pay. (a) General rule. Except as provided in Sec. 411.8(b) (for services paid by a governmental entity), Medicare does not pay for a service if-- (1) The beneficiary has no legal obligation to pay for the service; and (2) No other person or organization (such as a prepayment plan of which the beneficiary is a member) has a legal obligation to provide or pay for that service. (b) Special conditions for services furnished to individuals in custody of penal authorities. Payment may be made for services furnished to individuals or groups of individuals who are in the custody of the police or other penal authorities or in the custody of a government agency under a penal statute only if the following conditions are met: (1) State or local law requires those individuals or groups of individuals to repay the cost of medical services they receive while in custody. (2) The State or local government entity enforces the requirement to pay by billing all such individuals, whether or not covered by Medicare or any other health insurance, and by pursuing collection of the amounts they owe in the same way and with the same vigor that it pursues the collection of other debts. [[Page 301]]