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payee shall, subject to review by the Administration and to such requirements as it may from time to time prescribe, apply the payments certified to him on behalf of a beneficiary only for the use and benefit of such beneficiary in the manner and for the purposes determined by him to be in the beneficiary's best interest.

§ 404.1604 Use of benefits for current maintenance.

Payments certified to a relative or other person on behalf of a beneficiary shall be considered as having been applied for the use and benefit of the beneficiary when they are used for the beneficiary's current maintenance-i.e., to replace current income lost because of the disability, retirement, or death of the insured individual. Where a beneficiary is receiving care in an institution (see § 404.1606), current maintenance shall include the customary charges made by the institution to individuals it provides with care and services like those it provides the beneficiary and charges made for current and foreseeable needs of the beneficiary which are not met by the institution.

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ment of payments. Payments certified to a relative or other person on behalf of a beneficiary which are not needed for the current maintenance of the beneficiary except as they may be used pursuant to § 404.1607, shall be conserved or invested on the beneficiary's behalf. Preferred investments are U.S. Savings Bonds, but such funds may also be invested in accordance with the rules applicable to investment of trust estates by trustees. For example, surplus funds may be deposited in an interest or dividend bearing account in a bank or trust company or in a savings and loan association if the account is either Federally insured or is otherwise insured in accordance with State law requirements. Surplus funds deposited in an interest or dividend bearing account in a bank or trust company or in a savings and loan association must be in a form of account which clearly shows that the representative payee has only a fiduciary, and not a

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(Name of beneficiary) an incapacitated adult beneficiary for whom

(Name of representative payee) has been designated representative payee by the Secretary of Health, Education, and Welfare, pursuant to 42 U.S.C., section 405 (J). A representative payee who is the legally appointed guardian or fiduciary of the beneficiary may also register U.S. Savings Bonds purchased with funds from Title II payments in accordance with applicable regulations of the U.S. Treasury Department (31 CFR 315.5 through 315.8). Any other approved investment of the beneficiary's funds made by the representative payee must clearly show that the payee holds the property in trust for the beneficiary.

[28 F.R. 7182, July 12, 1963]

§ 404.1606 Use of benefits for beneficiary in institution.

Where a beneficiary is confined in a Federal, State or private institution because of mental or physical incapacity, the relative or other person to whom payments are certified on behalf of the beneficiary shall give highest priority to expenditure of the payments for the current maintenance needs of the beneficiary, including the customary charges made by the institution (see § 404.1604) in providing care and maintenance. It is considered in the best interests of the beneficiary for the relative or other person to whom payments are certified on 603

the beneficiary's behalf to allocate expenditure of the payments so certified in a manner which will facilitate the beneficiary's earliest possible rehabilitation or release from the institution or which otherwise will help him live as normal a life as practicable in the institutional environment.

§ 404.1607 Support of legally dependent spouse, child, or parent.

If current maintenance needs of a beneficiary are being reasonably met, a relative or other person to whom payments are certified as representative payee on behalf of the beneficiary may use part of the payments so certified for the support of the legally dependent spouse, a legally dependent child, or a legally dependent parent of the beneficiary.

[31 F.R. 3394, Mar. 4, 1966]

§ 404.1608 Claims of creditors.

A relative or other person to whom payments under Title II of the Act are certified as representative payee on behalf of a beneficiary may not be required to use such payments to discharge an indebtedness of the beneficiary which was incurred before the first month for which payments are certified to a relative or other person on the beneficiary's behalf. In no case, however, may such payee use such payments to discharge such indebtedness of the beneficiary unless the current and reasonably foreseeable future needs of the beneficiary are otherwise provided for.

[28 FR. 7182, July 12, 1963]

§ 404.1609 Accountability.

A relative or other person to whom payments are certified as representative payee on behalf of a beneficiary shall submit a written report in such form and at such times as the Administration may require, accounting for the payments certified to him on behalf of the beneficiary unless such payee is a courtappointed fiduciary and, as such, is required to make an annual accounting to the court, in which case a true copy of each such account filed with the court may be submitted in lieu of the accounting form prescribed by the Administration. If any such relative or other person fails to submit the required accounting within a reasonable period of time after it is requested, no further payments shall be certified to him on behalf of the beneficiary unless for good cause

shown, the default of such relative or other person is excused by the Administration, and the required accounting is thereafter submitted.

§ 404.1610

Transfer of accumulated benefit payments.

A representative payee who has conserved or invested funds from Title П payments certified to him on behalf of a beneficiary shall, upon direction of the Administration, transfer any such funds (including interest earned from investment of such funds) to a successor payee appointed by the Administration, or, at the option of the Administration, shall transfer such funds, including interest, to the Administration for recertification to a successor payee or to the beneficiary. [28 F.R. 7183, July 12, 1963]

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405.162 Prohibition against payment for inpatient hospital services furnished after utilization review finding that further services are not medically necessary.

405.163 Prohibition against payment for inpatient hospital services furnished after 20th consecutive day by a hospital which has failed to make timely utilization review.

405.165 Payment for posthospital extended care services; conditions.

405.166 Prohibition against payment for posthospital extended care services furnished after a utilization review finding that services are not medically necessary. Prohibition against payment for services furnished by a facility which fails to make timely utilization review.

405.167

405.170 Payment for posthospital home health services; conditions.

405.175 Payment to participating hospital for outpatient hospital diagnostic services; conditions.

405.180

405.181

No payment for services furnished to an alien before the first full calendar month in the United States. Individual convicted of subversive activities; effect on entitlement.

Supplementary medical insurance benefits; conditions for enrollment.

405.206 Supplementary medical insurance benefits; persons ineligible to enroll.

405.210 Enrollment procedures.

405.211

405.212

405.213 405.214

Enrollment periods; general.
Initial enrollment period.

General enrollment periods.

Limitation on enrollment and reenrollment.

405.217 Enrollment by a State of individuals receiving money payments under public assistance program.

405.220

405.221

405.222

Coverage period; general.
Coverage period; beginning date.
Coverage period beginning date; in-
dividuals enrolled under State
agreements.

405.223 Coverage period; manner and time of termination.

405.224

Good cause for failure to enroll during the initial enrollment period ending May 31, 1966.

405.230 Supplementary medical insurance benefits.

405.231 Medical and other health services; included items and services.

405.232 Medical and other health services; exclusions.

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405.235

Home health services; place where items and services must be furnished.

405.236 Home health services; items and services included.

405.237 Home health services; items and services not included. 405.238 Home health services; "visits" defined.

405.240 Payment of supplementary medical insurance benefits; amounts payable.

405.241 Payment of supplementary medical insurance benefits; election by group-practice prepayment plan 8.8 to method of determining amount of payment. 405.243 Psychiatric services limitation; expenses incurred for physician services.

405.244 Total amount of expenses; expenses

excluded.

405.245 The supplementary medical insurance benefits deductible.

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Sec.

405.507 Illustrations of the application of the criteria for determining reasonable charges.

405.508 Determination of comparable circumstances; limitation.

405.520 Reimbursement for services of interns, residents and supervising physicians; general.

405.521 Services of attending physicians supervising interns and residents. 405.522 Interns' and residents' services in approved teaching programs. 405.523 Interns' and residents' services not in approved teaching programs. 405.524 Interns' and residents' services outside the hospital.

405.525 Basis of reimbursement under the health insurance program for services of interns and residents.

Subpart F-Agreements With and Functions of Providers, Intermediaries, Carriers, and State Agencies

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as a

405.672

405.673

405.675

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Criteria considered by Secretary in determining whether to enter into an agreement pursuant to section 1816 with а nominated agency or organization. Termination by intermediary. Termination by Secretary.

Contracts with carriers pursuant to section 1842; general.

Carrier; defined.

Competitive bidding for contract not required.

Carrier's ability to perform duties; financial responsibility; etc.

Termination of section 1842 contract by notice of nonrenewal.

405.676 Termination of section 1842 contract by Secretary for cause.

405.677 Functions which a carrier may perform under contract with the Secretary.

405.678 405.685

Duties to be performed by a carrier. Agreements with States pursuant to section 1864; general.

Subpart G-[Reserved]

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405.617 Limitation; failure to make timely utilization review.

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405.626 Change of ownership; participating

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in the health insurance program. 405.651 Nomination of agency or organiza

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