---
kind: "section"
citation: "42 C.F.R. § 411.28"
title: "42"
number: "411.28"
heading: "Waiver of recovery and compromise of claims."
url: "https://uscodex.org/cfr/42/411.28"
---

# §411.28. Waiver of recovery and compromise of claims.

- (a) CMS may waive recovery, in whole or in part, if the probability of recovery, or the amount involved, does not warrant pursuit of the claim.
- (b) General rules applicable to compromise of claims are set forth in [subpart F of part 401](/cfr/42/part401-subpartF.md) and [§ 405.376](/cfr/42/405.376.md) of this chapter.
- (c) **Other rules pertinent to recovery are contained in subpart C of part 405 of this chapter.**

## Notes

### Amendments

[54 FR 41734, Oct. 11, 1989, as amended at 61 FR 63749, Dec. 2, 1996]

### 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.

### Amendments

[54 FR 41734, Oct. 11, 1989, as amended at 61 FR 63749, Dec. 2, 1996]
