42 CFR § 411.28 - Waiver of recovery and compromise of claims.
---
identifier: "/us/cfr/t42/s411.28"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 411.28 - Waiver of recovery and compromise of claims."
title_number: 42
title_name: "Public Health"
section_number: "411.28"
section_name: "Waiver of recovery and compromise of claims."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "B"
subchapter_name: "MEDICARE PROGRAM"
part_number: "411"
part_name: "EXCLUSIONS FROM MEDICARE AND LIMITATIONS ON MEDICARE PAYMENT"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 1302, 1395w-101 through 1395w-152, 1395hh, and 1395nn."
regulatory_source: "54 FR 41734, Oct. 11, 1989, unless otherwise noted."
cfr_part: "411"
---
# 411.28 Waiver of recovery and compromise of claims.
(a) CMS may waive recovery, in whole or in part, if the probability of recovery, or the amount involved, does not warrant pursuit of the claim.
(b) General rules applicable to compromise of claims are set forth in subpart F of part 401 and § 405.376 of this chapter.
(c) Other rules pertinent to recovery are contained in subpart C of part 405 of this chapter.
[54 FR 41734, Oct. 11, 1989, as amended at 61 FR 63749, Dec. 2, 1996]