405.803—Initial determination.

(a) Carriers make initial determinations regarding claims for benefits under Medicare Part B.
(b) An initial determination for purposes of this subpart includes determinations such as the following:
(1) Whether services furnished are covered.
(2) Whether the deductible has been met.
(3) Whether the receipted bill or other evidence of payment is acceptable.
(4) Whether the charges for services furnished are reasonable.
(5) If the services furnished to a beneficiary by a physician or a supplier pursuant to an assignment under § 424.55 of this chapter are not covered because they are determined to be not reasonable and necessary under § 411.15(k) of this chapter, whether the beneficiary, physician or supplier, or a physician who meets the requirements of § 411.408, knew or could reasonably have been expected to know at the time the services were furnished that the services were not covered.
(c) The following are not initial determinations for purposes of this subpart:
(1) Any issue or factor for which SSA or CMS has sole responsibility, for example, whether an independent laboratory meets the conditions for coverage of services; whether a Medicare overpayment claim should be compromised, or collection action terminated or suspended.
(2) Any issue or factor which relates to hospital insurance benefits under Medicare Part A.
[62 FR 25853, May 12, 1997]