---
kind: "section"
citation: "42 C.F.R. § 411.26"
title: "42"
number: "411.26"
heading: "Subrogation and right to intervene."
url: "https://uscodex.org/cfr/42/411.26"
---

# §411.26. Subrogation and right to intervene.

- (a) **Subrogation.** With respect to services for which Medicare paid, CMS is subrogated to any individual, provider, supplier, physician, private insurer, State agency, attorney, or any other entity entitled to payment by a primary payer.
- (b) **Right to intervene.** CMS may join or intervene in any action related to the events that gave rise to the need for services for which Medicare paid.

## Notes

### Authority

Authority: 42 U.S.C. 1302, 1395w-101 through 1395w-152, 1395hh, and 1395nn.

### Source

Source: 54 FR 41734, Oct. 11, 1989, unless otherwise noted.