---
kind: "section"
citation: "42 C.F.R. § 409.21"
title: "42"
number: "409.21"
heading: "Nursing care."
url: "https://uscodex.org/cfr/42/409.21"
---

# §409.21. Nursing care.

- (a) **Basic rule.** Medicare pays for nursing care as posthospital SNF care when provided by or under the supervision of a registered professional nurse.
- (b) **Exception.** Medicare does not pay for the services of a private duty nurse or attendant. An individual is not considered to be a private duty nurse or attendant if he or she is an SNF employee at the time the services are furnished.

## Notes

### Amendments

[63 FR 26306, May 12, 1998]

### Authority

Authority: 42 U.S.C. 1302 and 1395hh.

### Source

Source: 48 FR 12541, Mar. 25, 1983, unless otherwise noted.

### Amendments

[63 FR 26306, May 12, 1998]