42 C.F.R. § 409.21
Nursing care.
Cite as 42 C.F.R. § 409.21 (2026)
(a)
Basic rule.
Medicare pays for nursing care as posthospital SNF care when provided by or under the supervision of a registered professional nurse.
(b)
Exception.
Medicare does not pay for the services of a private duty nurse or attendant. An individual is not considered to be a private duty nurse or attendant if he or she is an SNF employee at the time the services are furnished.
[63 FR 26306, May 12, 1998]