---
kind: "section"
citation: "42 C.F.R. § 422.104"
title: "42"
number: "422.104"
heading: "Special rules on supplemental benefits for MA MSA plans."
url: "https://uscodex.org/cfr/42/422.104"
---

# §422.104. Special rules on supplemental benefits for MA MSA plans.

- (a) An MA organization offering an MA MSA plan may not provide supplemental benefits that cover expenses that count towards the deductible specified in [§ 422.103(d)](/cfr/42/422.103.md?p=d).
- (b) In applying the limitation of [paragraph (a)](#a) of this section, the following kinds of policies are not considered as covering the deductible:
  - (1) A policy that provides coverage (whether through insurance or otherwise) for accidents, disability, dental care, vision care, or long-term care.
  - (2) A policy of insurance in which substantially all of the coverage relates to liabilities incurred under workers' compensation laws, tort liabilities, liabilities relating to use or ownership of property, and any other similar liabilities that CMS may specify by regulation.
  - (3) A policy of insurance that provides coverage for a specified disease or illness or pays a fixed amount per day (or other period) of hospitalization.

## Notes

### Source

Source: 63 FR 35077, June 26, 1998, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302, 1306, 1395w-21 through 1395w-28, and 1395hh.

### Source

Source: 63 FR 18134, Apr. 14, 1998, unless otherwise noted.