42 CFR § 409.12 - Nursing and related services, medical social services; use of hospital or CAH facilities.
---
identifier: "/us/cfr/t42/s409.12"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 409.12 - Nursing and related services, medical social services; use of hospital or CAH facilities."
title_number: 42
title_name: "Public Health"
section_number: "409.12"
section_name: "Nursing and related services, medical social services; use of hospital or CAH facilities."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "B"
subchapter_name: "MEDICARE PROGRAM"
part_number: "409"
part_name: "HOSPITAL INSURANCE BENEFITS"
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 and 1395hh."
regulatory_source: "48 FR 12541, Mar. 25, 1983, unless otherwise noted."
cfr_part: "409"
---
# 409.12 Nursing and related services, medical social services; use of hospital or CAH facilities.
(a) Except as provided in paragraph (b) of this section, Medicare pays for nursing and related services, use of hospital or CAH facilities, and medical social services as inpatient hospital or inpatient CAH services only if those services are ordinarily furnished by the hospital or CAH, respectively, for the care and treatment of inpatients.
(b) *Exception.* Medicare does not pay for the services of a private duty nurse or attendant. An individual is not considered to be a private duty nurse or attendant if he or she is a hospital or CAH employee at the time the services are furnished.
[48 FR 12541, Mar. 25, 1983, as amended at 50 FR 33033, Aug. 16, 1985; 58 FR 30666, 30667, May 26, 1993]