---
kind: "section"
citation: "42 C.F.R. § 424.90"
title: "42"
number: "424.90"
heading: "Court ordered assignments: Conditions and limitations."
url: "https://uscodex.org/cfr/42/424.90"
---

# §424.90. Court ordered assignments: Conditions and limitations.

- (a) **Conditions for acceptance.** An assignment or reassignment established by or in accordance with a court order is effective for Medicare payments only if—
  - (1) Someone files a certified copy of the court order and of the executed assignment or reassignment (if it was necessary to execute one) with the intermediary or carrier responsible for processing the claim; and
  - (2) **The assignment or reassignment—**
    - (i) Applies to all Medicare benefits payable to a particular person or entity during a specified or indefinite time period; or
    - (ii) Specifies a particular amount of money, payable to a particular person or entity by a particular intermediary or carrier.
- (b) **Retention of authority to reduce interim payments to providers.** A court-ordered assignment does not preclude the intermediary or carrier from reducing interim payments, as set forth in [§ 413.64(i)](/cfr/42/413.64.md?p=i) of this chapter, if the provider or assignee is in imminent danger of insolvency or bankruptcy.
- (c) **Liability of the parties.** The party that receives payments under a court-ordered assignment or reassignment that meets the conditions of [paragraph (a)](#a) of this section and the party that would have received payment if the court order had not been issued are jointly and severally responsible for any Medicare overpayment to the former.

## Notes

### Authority

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

### Source

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