---
kind: "section"
citation: "42 C.F.R. § 424.108"
title: "42"
number: "424.108"
heading: "Payment to a hospital."
url: "https://uscodex.org/cfr/42/424.108"
---

# §424.108. Payment to a hospital.

- (a) **Conditions for payment.** Medicare pays the hospital for emergency services if the hospital—
  - (1) Has in effect a statement of election to claim payment for all covered emergency services furnished during a calendar year, in accordance with [§ 424.104](/cfr/42/424.104.md);
  - (2) Claims payment in accordance with [§ 424.32](/cfr/42/424.32.md); and
  - (3) Submits evidence requested by CMS to establish that the services meet the requirements of this subpart.
- (b) **Subsequent claims.** If the hospital files subsequent claims because the initial claim did not include all the services furnished, those claims must include physicians' statements that—
  - (1) Contain sufficient information to clearly establish that, when the additional services were furnished, the emergency still existed; and
  - (2) Indicate when the emergency ended, which, for inpatient hospital services, is the earliest date on which the beneficiary could be safely discharged or transferred to a participating hospital or other institution.

## Notes

### Authority

Authority: 42 U.S.C. 1302 and 1395hh.

### Source

Source: 53 FR 6634, Mar. 2, 1988, unless otherwise noted.