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§ 411.402 Indemnification of beneficiary.
(a) Conditions for indemnification. If Medicare payment is precluded because the conditions of § 411.400(a)(2) are not met. Medicare indemnifies the beneficiary (and recovers from the provider, practitioner, or supplier), if the following conditions are met:
(1) The beneficiary paid the provider, practitioner, or supplier some or all of the charges for the excluded services.