---
kind: "section"
citation: "42 C.F.R. § 405.359"
title: "42"
number: "405.359"
heading: "Liability of certifying or disbursing officer."
url: "https://uscodex.org/cfr/42/405.359"
---

# §405.359. Liability of certifying or disbursing officer.


No certifying or disbursing officer shall be held liable for any amount certified or paid by him to any provider of services or other person:

- (a) Where the adjustment or recovery of such amount is waived (see [§ 405.355](/cfr/42/405.355.md)), or
- (b) Where adjustment (see [§ 405.352](/cfr/42/405.352.md)) or recovery is not completed prior to the death of all persons against whose benefits such adjustment is authorized.

## Notes

### 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).