---
kind: "section"
citation: "42 C.F.R. § 409.26"
title: "42"
number: "409.26"
heading: "Transfer agreement hospital services."
url: "https://uscodex.org/cfr/42/409.26"
---

# §409.26. Transfer agreement hospital services.

- (a) **Services furnished by an intern or a resident-in-training.** Medicare pays for medical services that are furnished by an intern or a resident-in-training (under a hospital teaching program approved in accordance with the provisions of [§ 409.15](/cfr/42/409.15.md)) as posthospital SNF care, if the intern or resident is in—
  - (1) A participating hospital with which the SNF has in effect an agreement under [§ 483.70(j)](/cfr/42/483.70.md?p=j) of this chapter for the transfer of patients and exchange of medical records; or
  - (2) A hospital that has a swing-bed approval, and is furnishing services to an SNF-level inpatient of that hospital.
- (b) **Other diagnostic or therapeutic services.** Medicare pays for other diagnostic or therapeutic services as posthospital SNF care if they are provided—
  - (1) By a participating hospital with which the SNF has in effect a transfer agreement as described in [paragraph (a)(1)](#a-1) of this section; or
  - (2) **By a hospital or a CAH that has a swing-bed approval, to its own SNF-level inpatient.**

## Notes

### Amendments

[63 FR 26307, May 12, 1998; 82 FR 32258, July 13, 2017]

### Authority

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

### Source

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

### Amendments

[63 FR 26307, May 12, 1998; 82 FR 32258, July 13, 2017]