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Title 42, The Public Health and WelfareRelease 119-110

§1395xx Payment of Provider-based Physicians and Payment Under Certain Percentage Arrangements

Title 42 › CHAPTER 7 — SOCIAL SECURITY › SUBCHAPTER XVIII — HEALTH INSURANCE FOR AGED AND DISABLED › Part E — Miscellaneous Provisions › § 1395xx

Last updated Sep 22, 2026|Official source

Summary

The Secretary must write rules that tell which doctor services in hospitals or skilled nursing homes are personal medical care for one patient (paid like physician services under Part B) and which are general services that help patients overall and must be paid as part of the facility’s costs. For those general services, the facility can only count the share of costs that matches the time a doctor actually spends on them. The Secretary must not accept facility costs that are higher than a reasonable pay level for those services, and the Secretary will set what that reasonable pay is. If a hospital or nursing home can’t hire enough doctors because of these pay limits, the Secretary can allow exceptions so the facility can pay more to get enough doctors. If a provider is paid on a reasonable-cost basis, the Secretary must not include costs from contracts where the provider pays a contractor based on a percentage of the provider’s charges, revenue, or claims. That rule does not apply to the general physician services covered by the rules above. The Secretary can also allow percentage-based contracts if the amount is reasonable and the contract is a normal business practice or gives incentives for the provider to run more efficiently.

Full Legal Text

Title 42, §1395xx

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Criteria; amount of payments
(1)The Secretary shall by regulation determine criteria for distinguishing those services (including inpatient and outpatient services) rendered in hospitals or skilled nursing facilities—
(A)which constitute professional medical services, which are personally rendered for an individual patient by a physician and which contribute to the diagnosis or treatment of an individual patient, and which may be reimbursed as physicians’ services under part B, and
(B)which constitute professional services which are rendered for the general benefit to patients in a hospital or skilled nursing facility and which may be reimbursed only on a reasonable cost basis or on the bases described in section 1395ww of this title.
(2)(A)For purposes of cost reimbursement, the Secretary shall recognize as a reasonable cost of a hospital or skilled nursing facility only that portion of the costs attributable to services rendered by a physician in such hospital or facility which are services described in paragraph (1)(B), apportioned on the basis of the amount of time actually spent by such physician rendering such services.
(B)In determining the amount of the payments which may be made with respect to services described in paragraph (1)(B), after apportioning costs as required by subparagraph (A), the Secretary may not recognize as reasonable (in the efficient delivery of health services) such portion of the provider’s costs for such services to the extent that such costs exceed the reasonable compensation equivalent for such services. The reasonable compensation equivalent for any service shall be established by the Secretary in regulations.
(C)The Secretary may, upon a showing by a hospital or facility that it is unable to recruit or maintain an adequate number of physicians for the hospital or facility on account of the reimbursement limits established under this subsection, grant exceptions to such reimbursement limits as may be necessary to allow such provider to provide a compensation level sufficient to provide adequate physician services in such hospital or facility.
(b)Prohibition of recognition of payments under certain percentage agreements
(1)Except as provided in paragraph (2), in the case of a provider of services which is paid under this subchapter on a reasonable cost basis, or other basis related to costs that are reasonable, and which has entered into a contract for the purpose of having services furnished for or on behalf of it, the Secretary may not include any cost incurred by the provider under the contract if the amount payable under the contract by the provider for that cost is determined on the basis of a percentage (or other proportion) of the provider’s charges, revenues, or claim for reimbursement.
(2)Paragraph (1) shall not apply—
(A)to services furnished by a physician and described in subsection (a)(1)(B) and covered by regulations in effect under subsection (a), and
(B)under regulations established by the Secretary, where the amount involved under the percentage contract is reasonable and the contract—
(i)is a customary commercial business practice, or
(ii)provides incentives for the efficient and economical operation of the provider of services.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1983—Subsec. (a)(1)(B). Pub. L. 98–21 inserted “or on the bases described in section 1395ww of this title”. 1982—Subsec. (b). Pub. L. 97–248, § 109(a)(2), added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 1983 AmendmentAmendment by Pub. L. 98–21 applicable to items and services furnished by or under arrangement with a hospital beginning with its first cost reporting period that begins on or after Oct. 1, 1983, any change in a hospital’s cost reporting period made after November 1982 to be recognized for such purposes only if the Secretary finds good cause therefor, see section 604(a)(1) of Pub. L. 98–21, set out as a note under section 1395ww of this title.

Effective Date

of 1982 Amendment Pub. L. 97–248, title I, § 109(c)(1), (2), Sept. 3, 1982, 96 Stat. 339, provided that: “(1) The

Amendments

made by this section [amending this section and section 1395x of this title] shall become effective on the date of the enactment of this Act [Sept. 3, 1982], except that section 1887(b)(1) of the Social Security Act [42 U.S.C. 1395xx(b)(1)] shall not apply before October 1, 1982, to services furnished by a physician and described in section 1887(a)(1)(B) of such Act [42 U.S.C. 1395xx(a)(1)(B)]. “(2) In the case of a contract with a provider of services entered into prior to the date of the enactment of this Act [Sept. 3, 1982], the amendment made by subsection (a) [amending this section] shall apply to payments under such contract (A) 30 days after the first date (after such date of enactment) the provider of services may unilaterally terminate the contract, or (B) one year after the date of the enactment of this Act, whichever is earlier.”

Effective Date

of

Regulations

Pub. L. 97–248, title I, § 108(b), formerly § 108(c), Sept. 3, 1982, 96 Stat. 338, as redesignated by Pub. L. 97–448, title III, § 309(a)(3), Jan. 12, 1983, 96 Stat. 2408, provided that: “The Secretary of Health and Human Services shall first promulgate

Regulations

to carry out section 1887(a) of the Social Security Act [42 U.S.C. 1395xx(a)] not later than October 1, 1982. Such

Regulations

shall become effective on
October 1, 1982, and shall be effective with respect to cost reporting periods ending after
September 30, 1982, but in the case of any cost reporting period beginning before
October 1, 1982, any reduction in payments under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.] to a hospital or skilled nursing facility resulting from such

Regulations

shall be imposed only in proportion to the part of the period which occurs after September 30, 1982.”

Reference

Citations & Metadata

Citation

42 U.S.C. § 1395xx

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110