42 CFR § 409.21 - Nursing care.

---
identifier: "/us/cfr/t42/s409.21"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 409.21 - Nursing care."
title_number: 42
title_name: "Public Health"
section_number: "409.21"
section_name: "Nursing care."
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"
---


# 409.21 Nursing care.

(a) *Basic rule.* Medicare pays for nursing care as posthospital SNF care when provided by or under the supervision of a registered professional nurse.

(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 an SNF employee at the time the services are furnished.

[63 FR 26306, May 12, 1998]