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MLN908084 - Patients in Custody Under a Penal Authority

This revised product comprises Subregulatory Guidance for the Patients in Custody Under a Penal Authority and its content is based on publicly available content from the Medicare Benefit Policy Manual, Chapter 16 and the Medicare Claims Processing Manual, Chapter 1
CMS policy or operation subject matter experts also reviewed/cleared this product. This product educates providers by outlining Medicare policy about payment for medical items and services provided to Medicare patients incarcerated or in custody under a penal statute or rule. The previous version is posted on the CMS website at:

Download the Guidance Document


Issued by: Centers for Medicare & Medicaid Services (CMS)

Issue Date: April 17, 2024

DISCLAIMER: The contents of this database lack the force and effect of law, except as authorized by law (including Medicare Advantage Rate Announcements and Advance Notices) or as specifically incorporated into a contract. The Department may not cite, use, or rely on any guidance that is not posted on the guidance repository, except to establish historical facts.