---
kind: "section"
citation: "42 C.F.R. § 419.48"
title: "42"
number: "419.48"
heading: "Definition of excepted items and services."
url: "https://uscodex.org/cfr/42/419.48"
---

# §419.48. Definition of excepted items and services.

- (a) **Excepted items and services are items or services that are furnished on or after January 1, 2017—**
  - (1) By a dedicated emergency department (as defined at [§ 489.24(b)](/cfr/42/489.24.md?p=b) of this chapter); or
  - (2) By an excepted off-campus provider-based department defined in [paragraph (b)](#b) of this section that has not impermissibly relocated or changed ownership.
- (b) For the purpose of this section, “excepted off-campus provider-based department” means a “department of a provider” (as defined at [§ 413.65(a)(2)](/cfr/42/413.65.md?p=a-2) of this chapter) that is located on the campus (as defined in [§ 413.65(a)(2)](/cfr/42/413.65.md?p=a-2) of this chapter) or within the distance described in such definition from a “remote location of a hospital” (as defined in [§ 413.65(a)(2)](/cfr/42/413.65.md?p=a-2) of this chapter) that meets the requirements for provider-based status under [§ 413.65](/cfr/42/413.65.md) of this chapter. This definition also includes an off-campus department of a provider that was furnishing services prior to November 2, 2015 that were billed under the OPPS in accordance with timely filing limits.
- (c) Payment for items and services that do not meet the definition in [paragraph (a)](#a) of this section will generally be made under the Medicare Physician Fee Schedule on or after January 1, 2017.

## Notes

### Amendments

[81 FR 79880, Nov. 14, 2016; 82 FR 36, Jan. 3, 2017]

### Authority

Authority: 42 U.S.C. 1302, 1395l(t), and 1395hh.

### Source

Source: 65 FR 18542, Apr. 7, 2000, unless otherwise noted.

### Amendments

[81 FR 79880, Nov. 14, 2016; 82 FR 36, Jan. 3, 2017]