42 CFR § 401.108 - CMS rulings.

---
identifier: "/us/cfr/t42/s401.108"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 401.108 - CMS rulings."
title_number: 42
title_name: "Public Health"
section_number: "401.108"
section_name: "CMS rulings."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "A"
subchapter_name: "GENERAL PROVISIONS"
part_number: "401"
part_name: "GENERAL ADMINISTRATIVE REQUIREMENTS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 1302, 1395hh, 1395w-5, and 1395kk-2."
cfr_part: "401"
---


# 401.108 CMS rulings.

(a) After September 1981, a precedent final opinion or order or a statement of policy or interpretation that has not been published in the *Federal Register* as a part of a regulation or of a notice implementing regulations, but which has been adopted by CMS as having precedent, may be published in the *Federal Register* as a CMS Ruling and will be made available in the publication entitled *CMS Rulings.*

(b) Precedent final opinions and orders and statements of policy and interpretation that were adopted by CMS before October, 1981, and that have not been published in the *Federal Register* are available in *CMS Rulings.*

(c) CMS Rulings are published under the authority of the Administrator, CMS. They are binding on all CMS components, on all HHS components that adjudicate matters under the jurisdiction of CMS, and on the Social Security Administration to the extent that components of the Social Security Administration adjudicate matters under the jurisdiction of CMS.

[48 FR 22924, May 23, 1983, as amended at 70 FR 11472, Mar. 8, 2005; 70 FR 37702, June 30, 2005]