---
kind: "section"
citation: "42 C.F.R. § 489.40"
title: "42"
number: "489.40"
heading: "Definition of incorrect collection."
url: "https://uscodex.org/cfr/42/489.40"
---

# §489.40. Definition of incorrect collection.

- (a) As used in this subpart, “incorrect collections” means any amounts collected from a beneficiary (or someone on his or her behalf) that are not authorized under [subpart C](/cfr/42/subpartC.md) of this part.
- (b) A payment properly made to a provider by an individual not considered entitled to Medicare benefits will be deemed to be an “incorrect collection” when the individual is found to be retroactively entitled to benefits.

## Notes

### Authority

Authority: 42 U.S.C. 1302, 1395i-3, 1395x, 1395aa(m), 1395cc, 1395ff, and 1395hh.

### Source

Source: 45 FR 22937, Apr. 4, 1980, unless otherwise noted.