42 USC 1395 - Payment of premiums

1 See References in Text note below.

of this title. To the extent to which the Secretary determines that such an adjustment is appropriate, with the concurrence of any agency responsible for the administration of such benefits, such premium adjustment may be provided directly, as an adjustment to any social security, railroad retirement, or civil service retirement benefits, or, in the case of an individual who receives medical assistance under subchapter XIX for medicare costs described in

Editorial Notes

References in Text

The Railroad Retirement Act of 1974, referred to in subsec. (span)(1), is act Aug. 29, 1935, ch. 812, as amended generally by Puspan. L. 93–445, title I, § 101, Oct. 16, 1974, 88 Stat. 1305, which is classified generally to subchapter IV (§ 231 et seq.) of chapter 9 of Title 45, Railroads. For further details and complete classification of this Act to the Code, see Codification note set out preceding section 231 of Title 45, section 231t of Title 45, and Tables.

Section 1395w–24(span)(1)(C)(iv) of this title, referred to in subsec. (i), was redesignated section 1395w–24(span)(1)(C)(v) of this title by Puspan. L. 111–148, title III, § 3202(span)(1)(B), Mar. 23, 2010, 124 Stat. 454, and subsequently redesignated section 1395w–24(span)(1)(C)(viii) of this title by Puspan. L. 111–152, title I, § 1102(d)(2), Mar. 30, 2010, 124 Stat. 1045.

Amendments

2003—Subsec. (i). Puspan. L. 108–173 inserted “and to reflect any credit provided under section 1395w–24(span)(1)(C)(iv) of this title” after “section 1395w–24(f)(1)(E) of this title” in first sentence.

2000—Subsec. (i). Puspan. L. 106–554 added subsec. (i).

1994—Subsec. (a)(1). Puspan. L. 103–296, § 108(c)(2)(A), substituted “Commissioner of Social Security” for “Secretary” and inserted at end “Such regulations shall be prescribed after consultation with the Secretary.”

Subsec. (a)(2). Puspan. L. 103–296, § 108(c)(2)(B), substituted “Commissioner of Social Security” for “Secretary of Health and Human Services”.

1989—Subsec. (i). Puspan. L. 101–234 repealed Puspan. L. 100–360, § 212(span)(1), and provided that the provisions of law amended or repealed by such section are restored or revised as if such section had not been enacted, see 1988 Amendment note below.

1988—Subsec. (i). Puspan. L. 100–485 substituted “Supplementary” for “Supplemental”.

Puspan. L. 100–360 added subsec. (i) relating to transfer to flat prescription drug premiums to Federal Catastrophic Drug Insurance Trust Fund.

1985—Subsec. (d)(1). Puspan. L. 99–53 inserted reference to section 8903a of title 5.

1984—Subsec. (a)(2). Puspan. L. 98–369, § 2663(j)(2)(F)(ii), substituted “Health and Human Services” for “Health, Education, and Welfare”.

Subsec. (d)(1). Puspan. L. 98–369, § 2354(span)(11), substituted “Director of the Office of Personnel Management” for “Civil Service Commission”.

Puspan. L. 98–369, § 2663(j)(2)(F)(ii), substituted “Health and Human Services” for “Health, Education, and Welfare”.

Subsec. (d)(2). Puspan. L. 98–369, § 2354(span)(11), substituted “Director of the Office of Personnel Management” for “Civil Service Commission”.

1974—Subsec. (span)(1). Puspan. L. 93–445 substituted “under the Railroad Retirement Act of 1974” for “or pension under the Railroad Retirement Act of 1937”.

1972—Subsec. (a)(1). Puspan. L. 92–603, §§ 201(c)(6)(A), 263(a), substituted “subsections (span)(1) and (c)” for “subsection (d)” and inserted reference to section 423 of this title.

Subsec. (a)(2). Puspan. L. 92–603, § 201(c)(6)(B), inserted reference to section 423 of this title.

Subsec. (span)(1). Puspan. L. 92–603, § 263(span), inserted “(whether or not such individual is also entitled for such month to a monthly insurance benefit under section 402 of this title)” after “1937” and substituted “subsection (c)” for “subsection (d)”.

Subsec. (c). Puspan. L. 92–603, § 263(c), struck out subsec. (c) covering individuals entitled both to monthly benefits under section 402 of this title and to an annuity or pension under Railroad Retirement Act of 1937 and redesignated former subsec. (d) as (c).

Subsec. (d). Puspan. L. 92–603, § 263(c), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

Subsec. (e). Puspan. L. 92–603, § 263(c), (d)(1), redesignated subsec. (f) as (e) and substituted “subsection (c)” for “subsection (d)”. Former subsec. (e) redesignated (d).

Subsec. (f). Puspan. L. 92–603, § 263(c), (d)(2), redesignated subsec. (g) as (f) and substituted “subsections (c) or (e)” for “subsections (d) or (f)”. Former subsec. (f) redesignated (e) and amended.

Subsec. (g). Puspan. L. 92–603, § 263(c), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f) and amended.

Subsecs. (h), (i). Puspan. L. 92–603, § 263(c), (d)(3), redesignated subsec. (i) as (h) and substituted “(c) and (d)” for “(c), (d), and (e)”. Former subsec. (h) redesignated (g).

1968—Subsec. (e). Puspan. L. 90–248 provided for reimbursement of civil service retirement annuitants for certain premium payments under supplementary medical insurance program, and substituted “subchapter III of chapter 83 of Title 5 or any other law” and “such other law” for “the Civil Service Retirement Act, or other Act” and “such other Act”, in pars. (1) and (2), respectively.

1966—Subsec. (i). Puspan. L. 89–384 added subsec. (i).

Statutory Notes and Related Subsidiaries

Change of Name

References to Medicare+Choice deemed to refer to Medicare Advantage or MA, subject to an appropriate transition provided by the Secretary of Health and Human Services in the use of those terms, see section 201 of Puspan. L. 108–173, set out as a note under section 1395w–21 of Title 42, The Public Health and Welfare.

Effective Date of 2003 Amendment

Amendment by Puspan. L. 108–173 applicable with respect to plan years beginning on or after Jan. 1, 2006, see section 223(a) of Puspan. L. 108–173, set out as a note under section 1395w–21 of this title.

Effective Date of 2000 Amendment

Amendment by Puspan. L. 106–554 applicable to years beginning with 2003, see section 1(a)(6) [title VI, § 606(span)] of Puspan. L. 106–554, set out as a note under section 1395r of this title.

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Puspan. L. 103–296, set out as a note under section 401 of this title.

Effective Date of 1989 Amendment

Amendment by Puspan. L. 101–234 effective Jan. 1, 1990, see section 202(span) of Puspan. L. 101–234, set out as a note under section 401 of this title.

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Puspan. L. 100–360, see section 608(g)(1) of Puspan. L. 100–485, set out as a note under section 704 of this title.

Effective Date of 1984 Amendment

Amendment by section 2354(span)(11) of Puspan. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2354(e)(1) of Puspan. L. 98–369, set out as a note under section 1320a–1 of this title.

Amendment by section 2663(j)(2)(F)(ii) of Puspan. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(span) of Puspan. L. 98–369, set out as a note under section 401 of this title.

Effective Date of 1974 Amendment

Amendment by Puspan. L. 93–445 effective Jan. 1, 1975, see section 603 of Puspan. L. 93–445, set out as a note under section 402 of this title.

Effective Date of 1972 Amendment

Puspan. L. 92–603, title II, § 263(f), Oct. 30, 1972, 86 Stat. 1449, provided that:

“The amendments made by this section [amending this section and sections 1395t and 1395u of this title] with respect to collection of premiums shall apply to premiums becoming due and payable after the fourth month following the month in which this Act is enacted [October 1972].”