Bindinglaw

US · guidance

CMS Pub. 100-16, ch. mc86c17f, § 40.5

Recoupment

activein force · 2026-08-25 – presentas-observed

(Rev. 77, Issued: 10-28-05, Effective Date: 10-28-05)

(42 CFR 417.458) A Medicare cost plan agrees not to recoup deductible and coinsurance

amounts for which Medicare enrollees were liable in a previous contract period except in

the following circumstances:

• The Medicare cost plan failed to collect the deductible and coinsurance amounts

during the contract period in which they were due because of:

o Underestimation of the actuarial value of the deductible and coinsurance

amounts; or

o A billing error;

• The Medicare cost plan has identified the amounts and obtained advance CMS

approval of the recoupment and the method and timing of recoupment;

• The Medicare cost plan collects these amounts no later than the end of the

contract period following the contract period during which they were found to be

due.

History

(Rev. 77, Issued: 10-28-05, Effective Date: 10-28-05)

Provenance

Source
cms.gov
Retrieved
2026-08-25
Edition
iom-2026-08-25
Content hash
ef7b5a1633ebf5bf236dc75079e5b694fd9202ceabb416b2ca0478748fffa1e2
View the official source →

The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.

Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

Coverage · API docs

Bindinglaw

Point-in-time US law with the receipt attached. Source URL, retrieval time, content hash, and validity dates on every answer.

curl api.binding.law/v1/law/coverage

© 2026 binding.law · a Jubal, Inc. productAttorneys and firms never pay. Ever.