42 CFR § 489.32 - Allowable charges: Noncovered and partially covered services.

---
identifier: "/us/cfr/t42/s489.32"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 489.32 - Allowable charges: Noncovered and partially covered services."
title_number: 42
title_name: "Public Health"
section_number: "489.32"
section_name: "Allowable charges: Noncovered and partially covered services."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "G"
subchapter_name: "STANDARDS AND CERTIFICATION"
part_number: "489"
part_name: "PROVIDER AGREEMENTS AND SUPPLIER APPROVAL"
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, 1395i-3, 1395x, 1395aa(m), 1395cc, 1395ff, and 1395hh."
regulatory_source: "45 FR 22937, Apr. 4, 1980, unless otherwise noted."
cfr_part: "489"
---


# 489.32 Allowable charges: Noncovered and partially covered services.

(a) *Services requested by beneficiary.* If services furnished at the request of a beneficiary (or his or her representative) are more expensive than, or in excess of, services covered under Medicare—

(1) A provider may charge the beneficiary an amount that does not exceed the difference between—

(i) The provider's customary charges for the services furnished; and

(ii) The provider's customary charges for the kinds and amounts of services that are covered under Medicare.

(2) A provider may not charge for the services unless they have been requested by the beneficiary (or his or her representative) nor require a beneficiary to request services as a condition of admission.

(3) To avoid misunderstanding and disputes, a provider must inform any beneficiary who requests a service for which a charge will be made that there will be a specified charge for that service.

(b) *Services not requested by the beneficiary.* For special provisions that apply when a provider customarily furnishes more expensive services, see § 413.35 of this chapter.

[45 FR 22937, Apr. 4, 1980, as amended at 51 FR 34833, Sept. 30, 1986]