§405.358. When waiver of adjustment or recovery may be applied.
42 C.F.R. § 405.358
Section 1870(c) of the Act provides that there shall be no adjustment or recovery in any case where an incorrect payment under title XVIII (hospital and supplementary medical insurance benefits) has been made (including a payment under section 1814(e) of the Act with respect to an individual:
Who is without fault, and
Adjustment or recovery would either—
Defeat the purposes of title II or title XVIII of the Act, or
Be against equity and good conscience.
Notes, amendments, and revision history
Amendments
[61 FR 49271, Sept. 19, 1996]
Authority
Authority: Secs. 1102, 1815, 1833, 1842, 1862, 1866, 1870, 1871, 1879 and 1892 of the Social Security Act (42 U.S.C. 1302, 1395g, 1395l, 1395u, 1395y, 1395cc, 1395gg, 1395hh, 1395pp and 1395ccc) and 31 U.S.C. 3711.
Source
Source: 31 FR 13534, Oct. 20, 1966, unless otherwise noted. Redesignated at 42 FR 52826, Sept. 30, 1977.
Authority
Authority: 42 U.S.C. 263a, 405(a), 1302, 1320b-12, 1395x, 1395y(a), 1395ff, 1395hh, 1395kk, 1395rr, and 1395ww(k).
Amendments
[61 FR 49271, Sept. 19, 1996]