[Code of Federal Regulations] [Title 42, Volume 3] [Revised as of October 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 42CFR489.34] [Page 939] TITLE 42--PUBLIC HEALTH CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES--(Continued) PART 489--PROVIDER AGREEMENTS AND SUPPLIER APPROVAL--Table of Contents Subpart C--Allowable Charges Sec. 489.34 Allowable charges: Hospitals participating in State reimbursement control systems or demonstration projects. A hospital receiving payment for a covered hospital stay under either a State reimbursement control system approved under 1886(c) of the Act or a demonstration project authorized under section 402(a) of Pub. L. 90-248 (42 U.S.C. 1395b-1) or section 222(a) of Pub. L. 92-603 (42 U.S.C. 1395b-1 (note)) and that would otherwise be subject to the prospective payment system set forth in part 412 of this chapter may charge a beneficiary for noncovered services as follows: (a) For the custodial care and medically unnecessary services described in Sec. 412.42(c) of this chapter, after the conditions of Sec. 412.42(c)(1) through (c)(4) are met; and (b) For all other services in accordance with the applicable rules of this subpart C. [54 FR 41747, Oct. 11, 1989] [[Page 940]]