---
kind: "section"
citation: "42 C.F.R. § 422.404"
title: "42"
number: "422.404"
heading: "State premium taxes prohibited."
url: "https://uscodex.org/cfr/42/422.404"
---

# §422.404. State premium taxes prohibited.

- (a) **Basic rule.** No premium tax, fee, or other similar assessment may be imposed by any State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa, or any of their political subdivisions or other governmental authorities with respect to any payment CMS makes on behalf of MA enrollees under subpart G of this part, or with respect to any payment made to MA plans by beneficiaries, or payment to MA plans by a third party on a beneficiary's behalf.
- (b) **Construction.** Nothing in this section shall be construed to exempt any MA organization from taxes, fees, or other monetary assessments related to the net income or profit that accrues to, or is realized by, the organization from business conducted under this part, if that tax, fee, or payment is applicable to a broad range of business activity.

## Notes

### Amendments

[63 FR 35099, June 26, 1998, as amended at 70 FR 4733, Jan. 28, 2005]

### Source

Source: 63 FR 35099, 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.

### Amendments

[63 FR 35099, June 26, 1998, as amended at 70 FR 4733, Jan. 28, 2005]