---
kind: "section"
citation: "42 C.F.R. § 485.719"
title: "42"
number: "485.719"
heading: "Condition of participation: Arrangements for physical therapy and speech pathology services to be performed by other than salaried organization personnel."
url: "https://uscodex.org/cfr/42/485.719"
---

# §485.719. Condition of participation: Arrangements for physical therapy and speech pathology services to be performed by other than salaried organization personnel.

- (a) **Conditions.** If an organization provides outpatient physical therapy or speech pathology services under an arrangement with others, the services are to be furnished in accordance with the terms of a written contract, which provides that the organization retains of professional and administrative responsibility for, and control and supervision of, the services.
- (b) **Standard: Contract provisions.** The contract—
  - (1) Specifies the term of the contract and the manner of termination or renewal;
  - (2) Requires that personnel who furnish the services meet the requirements that are set forth in this subpart for salaried personnel; and
  - (3) Provides that the contracting outside resource may not bill the patient or Medicare for the services. This limitation is based on section 1861(w)(1) of the Act, which provides that—
    - (i) Only the provider may bill the beneficiary for covered services furnished under arrangements; and
    - (ii) Receipt of Medicare payment by the provider, on behalf of an entitled individual, discharges the liability of the individual or any other person to pay for those services.

## Notes

### Amendments

[56 FR 46562, Sept. 13, 1991. Redesignated and amended at 60 FR 2326, 2328, Jan. 9, 1995; 60 FR 50447, Sept. 29, 1995]

### Authority

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

### Source

Source: 48 FR 56293, Dec. 15, 1982, unless otherwise noted. Redesignated at 50 FR 33034, Aug. 16, 1985.

### Amendments

[56 FR 46562, Sept. 13, 1991. Redesignated and amended at 60 FR 2326, 2328, Jan. 9, 1995; 60 FR 50447, Sept. 29, 1995]