---
kind: "section"
citation: "42 C.F.R. § 410.1"
title: "42"
number: "410.1"
heading: "Basis and scope."
url: "https://uscodex.org/cfr/42/410.1"
---

# §410.1. Basis and scope.

- (a) **Statutory basis.** This part is based on the indicated provisions of the following sections of the Act:
  - (1) **Section 1832—** Scope of benefits furnished under the Medicare Part B supplementary medical insurance (SMI) program.
  - (2) **Section 1833 through 1835 and 1862—** Amounts of payment for SMI services, the conditions for payment, and the exclusions from coverage.
  - (3) **Section 1861(qq)—** Definition of the kinds of services that may be covered.
  - (4) **Section 1865(b)—** Permission for CMS to approve and recognize a national accreditation organization for the purpose of deeming entities accredited by the organization to meet program requirements.
  - (5) **Section 1881—** Medicare coverage for end-stage renal disease beneficiaries.
  - (6) **Section 1842(o)—** Payment for drugs and biologicals not paid on a cost or prospective payment basis.
- (b) **Scope of part.** This part sets forth the benefits available under Medicare Part B, the conditions for payment and the limitations on services, the percentage of incurred expenses that Medicare Part B pays, and the deductible and copayment amounts for which the beneficiary is responsible. (Exclusions applicable to these services are set forth in [subpart C of part 405](/cfr/42/part405-subpartC.md) of this chapter. General conditions for Medicare payment are set forth in [part 424](/cfr/42/part424.md) of this chapter.)

## Notes

### Amendments

[51 FR 41339, Nov. 14, 1986, as amended at 53 FR 6648, Mar. 2, 1988; 55 FR 53521, Dec. 31, 1990; 59 FR 63462, Dec. 8, 1994; 63 FR 58905, Nov. 2, 1998; 65 FR 83148, Dec. 29, 2000; 69 FR 66420, Nov. 15, 2004]

### Authority

Authority: 42 U.S.C. 1302, 1395m, 1395hh, 1395rr, and 1395ddd.

### Source

Source: 51 FR 41339, Nov. 14, 1986, unless otherwise noted.

### Amendments

[51 FR 41339, Nov. 14, 1986, as amended at 53 FR 6648, Mar. 2, 1988; 55 FR 53521, Dec. 31, 1990; 59 FR 63462, Dec. 8, 1994; 63 FR 58905, Nov. 2, 1998; 65 FR 83148, Dec. 29, 2000; 69 FR 66420, Nov. 15, 2004]