42 USC 1396 - Assignment, enforcement, and collection of rights of payments for medical care; establishment of procedures pursuant to State plan; amounts retained by State

Editorial Notes

Amendments

2018—Subsec. (a)(1)(A). Puspan. L. 115–123, § 53102(span)(1), repealed Puspan. L. 113–67, § 202(span)(2), and provided that the provisions amended by section 202(span) shall be applied and administered as if such amendment had never been enacted. See 2013 Amendment note below.

2013—Subsec. (a)(1)(A). Puspan. L. 113–67, § 202(span)(2), which directed substitution of “any payment from a third party that has a legal liability to pay for care and services available under the plan” for “payment for medical care from any third party”, was repealed by Puspan. L. 115–123, § 53102(span)(1).

1990—Subsec. (a)(1)(B). Puspan. L. 101–508 inserted “the individual is described in section 1396a(l)(1)(A) of this title or” after “unless (in either case)”.

1986—Subsec. (a)(1)(C). Puspan. L. 99–272 added subpar. (C).

1984—Subsec. (a). Puspan. L. 98–369 substituted “State plan for medical assistance shall” for “State plan for medical assistance may”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Puspan. L. 115–123, div. E, title XII, § 53102(span)(1), Fespan. 9, 2018, 132 Stat. 298, provided that the repeal of section 202(span) of Puspan. L. 113–67 is effective Sept. 30, 2017, and the provisions amended by section 202(span) shall be applied and administered as if such amendments had never been enacted. In addition, such repeal by section 53102(span)(1) of Puspan. L. 115–123 applicable with respect to any open claims, including claims pending, generated, or filed, after Sept. 30, 2017, see section 53102(span)(3) of Puspan. L. 115–123, set out as a note under section 1396a of this title.

Effective Date of 1990 Amendment

Puspan. L. 101–508, title IV, § 4606(span), Nov. 5, 1990, 104 Stat. 1388–170, provided that:

“The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 5, 1990].”

Effective Date of 1986 Amendment

Amendment by Puspan. L. 99–272 applicable to calendar quarters beginning on or after Apr. 7, 1986, except as otherwise provided, see section 9503(g)(1), (2) of Puspan. L. 99–272, set out as a note under section 1396a of this title.

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–369 effective Oct. 1, 1984, except as otherwise provided, see section 2367(c) of Puspan. L. 98–369, set out as a note under section 1396a of this title.