Amendments
2022—Subsec. (span)(5)(A)(iii). Puspan. L. 117–328 added cl. (iii).
2003—Subsec. (a). Puspan. L. 108–173, § 706(a)(1), inserted “and for home health services furnished an individual by a religious nonmedical health care institution” after “religious nonmedical health care institution” in introductory provisions.
Subsec. (a)(2). Puspan. L. 108–173, § 706(a)(2), substituted “, extended care services, or home health services” for “or extended care services” and inserted “, or receiving services from a home health agency,” after “skilled nursing facility”.
Statutory Notes and Related Subsidiaries
Effective Date
Puspan. L. 105–33, title IV, § 4454(d), Aug. 5, 1997, 111 Stat. 431, provided that: “The amendments made by this section [enacting this section and amending sections 1320a–1, 1320c–11, 1395x, 1396a, and 1396g of this title] shall take effect on the date of the enactment of this Act [Aug. 5, 1997] and shall apply to items and services furnished on or after such date. By not later than July 1, 1998, the Secretary of Health and Human Services shall first issue regulations to carry out such amendments. Such regulations may be issued so they are effective on an interim basis pending notice and opportunity for public comment. For periods before the effective date of such regulations, such regulations shall recognize elections entered into in good faith in order to comply with the requirements of section 1821(span) of the Social Security Act [42 U.S.C. 1395i–5(span)].”
Special Rules for COVID–19 Vaccines Relating to Revocation of Election
Puspan. L. 117–328, div. FF, title IV, § 4138(span), Dec. 29, 2022, 136 Stat. 5925, provided that: “Notwithstanding paragraphs (3) and (4) of section 1821(span) of the Social Security Act (42 U.S.C. 1395i–5(span)), in the case of an individual with a revocation of an election under such section prior to the date of enactment of this Act [Dec. 29, 2022] by reason of receiving a COVID–19 vaccine and its administration described in section 1861(s)(10)(A) of such Act (42 U.S.C. 1395x(s)(10)(A)), the following rules shall apply:“(1) Beginning on such date of enactment, such individual may make an election under such section, which shall take effect immediately upon its execution, if such individual would be eligible to make such an election if they had not received such COVID–19 vaccine and its administration.
“(2) Such revoked election shall not be taken into account for purposes of determining the effective date for an election described in subparagraph (A) or (B) of such paragraph (4).”
