42 U.S.C. § 1301 — Definitions

Page 2540 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1301 Editorial Notes AMENDMENTS 1981—Pub. L. 97–35 struck out in provision preceding par. (1) ‘‘, or (if provided in or after the third month be- fore the month in which the recipient makes applica- tion for aid) medical care in behalf of or any type of re- medial care recognized under State law in behalf of,’’ after ‘‘money payments to’’. 1972—Pub. L. 92–603 authorized the State, at its op- tion, to include within term ‘‘aid to the blind’’ provi- sions relating to money payments to an individual ab- sent from such State for more than 90 consecutive days, and provisions relating to rent payments made directly to a public housing agency. 1965—Pub. L. 89–97 struck out from definition of ‘‘aid to the blind’’ the exclusion of payments to or medical care in behalf of any individual who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result thereof; and extended definition of ‘‘aid to the blind’’ to include payments made on behalf of the needy individual to another indi- vidual who (as determined in accordance with stand- ards determined by the Secretary) is interested in or concerned with the welfare of such needy individual and enumerated the five characteristics required of State plans under which such payments can be made, including provision for finding of inability to manage funds, payment to meet all needs of the individual, spe- cial efforts to protect welfare, periodic review, and op- portunity for fair hearing, respectively. 1962—Pub. L. 87–543 inserted ‘‘(if provided in or after the third month before the month in which the recipi- ent makes application for aid)’’ before ‘‘medical care’’. 1950—Act Aug. 28, 1950, redefined ‘‘aid to the blind’’. 1939—Act Aug. 10, 1939, redefined ‘‘aid to the blind’’ to include those individuals who are needy. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1965 AMENDMENT Amendment by section 221(b) of Pub. L. 89–97 applica- ble in the case of expenditures made after Dec. 31, 1965, under a State plan approved under this subchapter, see section 221(e) of Pub. L. 89–97, set out as a note under section 302 of this title. Amendment by section 402(c) of Pub. L. 89–97 applica- ble in the case of expenditures made after December 31, 1965, under a State plan approved under subchapters I, X, XIV, or XVI of this chapter, see section 402(e) of Pub. L. 89–97, set out as a note under section 306 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by section 156(c) of Pub. L. 87–543 appli- cable in the case of applications made after Sept. 30, 1962, under a State plan approved under subchapter I, IV, X, or XIV of this chapter, see section 156(e) of Pub. L. 87–543, set out as a note under section 306 of this title. EFFECTIVE DATE OF 1950 AMENDMENT Act Aug. 28, 1950, ch. 809, title III, § 343(b), 64 Stat. 554, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect October 1, 1950, except that the exclusion of money payments to needy individuals described in [former] clause (a) or (b) of section 1006 of the Social Security Act [42 U.S.C. 1206] as so amended shall, in the case of any of such in- dividuals who are not patients in a public institution, be effective July 1, 1952.’’ SUBCHAPTER XI—GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE SIMPLIFICATION PART A—GENERAL PROVISIONS § 1301. Definitions (a) When used in this chapter— (1) The term ‘‘State’’, except where other- wise provided, includes the District of Colum- bia and the Commonwealth of Puerto Rico, and when used in subchapters IV, V, VII, XI, XIX, and XXI includes the Virgin Islands and Guam. Such term when used in subchapters III, IX, and XII also includes the Virgin Is- lands. Such term when used in subchapter V and in part B of this subchapter also includes American Samoa, the Northern Mariana Is- lands, and the Trust Territory of the Pacific Islands. Such term when used in subchapters XIX and XXI also includes the Northern Mar- iana Islands and American Samoa. In the case of Puerto Rico, the Virgin Islands, and Guam, subchapters I, X, and XIV, and subchapter XVI (as in effect without regard to the amendment made by section 301 of the Social Security Amendments of 1972) shall continue to apply, and the term ‘‘State’’ when used in such sub- chapters (but not in subchapter XVI as in ef- fect pursuant to such amendment after De- cember 31, 1973) includes Puerto Rico, the Vir- gin Islands, and Guam. Such term when used in subchapter XX also includes the Virgin Is- lands, Guam, American Samoa, and the North- ern Mariana Islands. Such term when used in subchapter IV also includes American Samoa. (2) The term ‘‘United States’’ when used in a geographical sense means, except where other- wise provided, the States. (3) The term ‘‘person’’ means an individual, a trust or estate, a partnership, or a corpora- tion. (4) The term ‘‘corporation’’ includes associa- tions, joint-stock companies, and insurance companies. (5) The term ‘‘shareholder’’ includes a mem- ber in an association, joint-stock company, or insurance company. (6) The term ‘‘Secretary’’, except when the context otherwise requires, means the Sec- retary of Health and Human Services. (7) The terms ‘‘physician’’ and ‘‘medical care’’ and ‘‘hospitalization’’ include osteo- pathic practitioners or the services of osteo- pathic practitioners and hospitals within the scope of their practice as defined by State law. (8)(A) The ‘‘Federal percentage’’ for any State (other than Puerto Rico, the Virgin Is- lands, and Guam) shall be 100 per centum less the State percentage; and the State percent- age shall be that percentage which bears the same ratio to 50 per centum as the square of the per capita income of such State bears to the square of the per capita income of the United States; except that the Federal per- centage shall in no case be less than 50 per centum or more than 65 per centum. (B) The Federal percentage for each State (other than Puerto Rico, the Virgin Islands, and Guam) shall be promulgated by the Sec- retary between October 1 and November 30 of each year, on the basis of the average per cap- ita income of each State and of the United States for the three most recent calendar years for which satisfactory data are available from the Department of Commerce. Such pro- mulgation shall be conclusive for each of the four quarters in the period beginning October 1 next succeeding such promulgation: Provided, Page 2541 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1301 That the Secretary shall promulgate such per- centages as soon as possible after August 28, 1958, which promulgation shall be conclusive for each of the eleven quarters in the period beginning October 1, 1958, and ending with the close of June 30, 1961. (C) The term ‘‘United States’’ means (but only for purposes of subparagraphs (A) and (B) of this paragraph) the fifty States and the Dis- trict of Columbia. (D) Promulgations made before satisfactory data are available from the Department of Commerce for a full year on the per capita in- come of Alaska shall prescribe a Federal per- centage for Alaska of 50 per centum and, for purposes of such promulgations, Alaska shall not be included as part of the ‘‘United States’’. Promulgations made thereafter but before per capita income data for Alaska for a full three- year period are available from the Department of Commerce shall be based on satisfactory data available therefrom for Alaska for such one full year or, when such data are available for a two-year period, for such two years. (9) The term ‘‘shared health facility’’ means any arrangement whereby— (A) two or more health care practitioners practice their professions at a common phys- ical location; (B) such practitioners share (i) common waiting areas, examining rooms, treatment rooms, or other space, (ii) the services of supporting staff, or (iii) equipment; (C) such practitioners have a person (who may himself be a practitioner)— (i) who is in charge of, controls, man- ages, or supervises substantial aspects of the arrangement or operation for the de- livery of health or medical services at such common physical location, other than the direct furnishing of professional health care services by the practitioners to their patients; or (ii) who makes available to such practi- tioners the services of supporting staff who are not employees of such practitioners; and who is compensated in whole or in part, for the use of such common physical loca- tion or support services pertaining thereto, on a basis related to amounts charged or col- lected for the services rendered or ordered at such location or on any basis clearly unre- lated to the value of the services provided by the person; and (D) at least one of such practitioners re- ceived payments on a fee-for-service basis under subchapters XVIII and XIX in an amount exceeding $5,000 for any one month during the preceding 12 months or in an ag- gregate amount exceeding $40,000 during the preceding 12 months; except that such term does not include a pro- vider of services (as defined in section 1395x(u) of this title), a health maintenance organiza- tion (as defined in section 300e(a) of this title), a hospital cooperative shared services organi- zation meeting the requirements of section 501(e) of the Internal Revenue Code of 1986, or any public entity. (10) The term ‘‘Administration’’ means the Social Security Administration, except where the context requires otherwise. (b) The terms ‘‘includes’’ and ‘‘including’’ when used in a definition contained in this chap- ter shall not be deemed to exclude other things otherwise within the meaning of the term de- fined. (c) Whenever under this chapter or any Act of Congress, or under the law of any State, an em- ployer is required or permitted to deduct any amount from the remuneration of an employee and to pay the amount deducted to the United States, a State, or any political subdivision thereof, then for the purposes of this chapter the amount so deducted shall be considered to have been paid to the employee at the time of such deduction. (d) Nothing in this chapter shall be construed as authorizing any Federal official, agent, or representative, in carrying out any of the provi- sions of this chapter, to take charge of any child over the objection of either of the parents of such child, or of the person standing in loco parentis to such child. (Aug. 14, 1935, ch. 531, title XI, § 1101, 49 Stat. 647; Aug. 10, 1939, ch. 666, title VIII, § 801, 53 Stat. 1398; Aug. 10, 1946, ch. 951, title IV, § 401(a), 60 Stat. 986; June 14, 1948, ch. 468, § 2(a), 62 Stat. 438; Aug. 28, 1950, ch. 809, title IV, § 403(a)(1), (2), (b), 64 Stat. 559; Aug. 1, 1956, ch. 836, title III, § 333, 70 Stat. 852; Pub. L. 85–840, title V, §§ 505, 506, Aug. 28, 1958, 72 Stat. 1050, 1051; Pub. L. 86–70, § 32(a), (d), June 25, 1959, 73 Stat. 149; Pub. L. 86–624, § 30(a), (d), July 12, 1960, 74 Stat. 419, 420; Pub. L. 86–778, title V, § 541, Sept. 13, 1960, 74 Stat. 985; Pub. L. 87–543, title I, § 153, July 25, 1962, 76 Stat. 206; Pub. L. 89–97, title I, § 121(c)(1), July 30, 1965, 79 Stat. 352; Pub. L. 92–603, title II, § 272(a), Oct. 30, 1972, 86 Stat. 1451; Pub. L. 93–233, § 18(z–2)(1)(A), Dec. 31, 1973, 87 Stat. 973; Pub. L. 94–273, § 22, Apr. 21, 1976, 90 Stat. 379; Pub. L. 94–566, title I, § 116(a), Oct. 20, 1976, 90 Stat. 2672; Pub. L. 95–142, § 5(c)(2), (l)(2), Oct. 25, 1977, 91 Stat. 1184, 1191; Pub. L. 97–35, title XXI, §§ 2162(a)(1), 2193(c)(2), title XXIII, § 2352(b), Aug. 13, 1981, 95 Stat. 806, 827, 871; Pub. L. 97–248, title I, §§ 136(a), 160(c), Sept. 3, 1982, 96 Stat. 375, 400; Pub. L. 98–369, div. B, title VI, § 2663(e)(1), (j)(1), July 18, 1984, 98 Stat. 1167, 1170; Pub. L. 99–272, title IX, § 9528(a), Apr. 7, 1986, 100 Stat. 219; Pub. L. 99–514, § 2, title XVIII, §§ 1883(c)(1), 1895(c)(6), Oct. 22, 1986, 100 Stat. 2095, 2918, 2936; Pub. L. 100–203, title IX, § 9135(a)(1), (b)(1), Dec. 22, 1987, 101 Stat. 1330–315; Pub. L. 100–485, title VI, § 601(a), Oct. 13, 1988, 102 Stat. 2407; Pub. L. 103–296, title I, § 108(b)(1), Aug. 15, 1994, 108 Stat. 1481; Pub. L. 105–33, title IV, § 4901(b)(1), Aug. 5, 1997, 111 Stat. 570.) Editorial Notes REFERENCES IN TEXT Section 301 of the Social Security Amendments of 1972, referred to in subsec. (a)(1), is section 301 of Pub. L. 92–603, title III, Oct. 30, 1972, 86 Stat. 1465, which en- acted sections 1381 to 1382e and 1383 to 1383c of this title. The Internal Revenue Code of 1986, referred to in sub- sec. (a)(9), is classified generally to Title 26, Internal Revenue Code. AMENDMENTS 1997—Subsec. (a)(1). Pub. L. 105–33 substituted ‘‘XIX, and XXI’’ for ‘‘and XIX’’ and ‘‘subchapters XIX and XXI’’ for ‘‘subchapter XIX’’. Page 2542 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1301 1994—Subsec. (a)(10). Pub. L. 103–296 added par. (10). 1988—Subsec. (a)(1). Pub. L. 100–485 amended last sen- tence generally. Prior to amendment, last sentence read as follows: ‘‘Such term when used in part B of sub- chapter IV of this chapter also includes American Samoa.’’ 1987—Subsec. (a)(1). Pub. L. 100–203, § 9135(a)(1), in- serted ‘‘American Samoa,’’ after ‘‘Guam,’’. Pub. L. 100–203, § 9135(b)(1), inserted at end ‘‘Such term when used in part B of subchapter IV of this chap- ter also includes American Samoa.’’ 1986—Subsec. (a)(3) to (5). Pub. L. 99–514, § 1883(c)(1), realigned margins of pars. (3) to (5). Subsec. (a)(8)(B). Pub. L. 99–514, § 1895(c)(6), amended directory language of Pub. L. 99–272, § 9528(a), and did not involve any change in text. See note below. Pub. L. 99–272, § 9528(a), as amended by Pub. L. 99–514, § 1895(c)(6), struck out ‘‘even-numbered’’ after ‘‘Novem- ber 30 of each’’ and substituted ‘‘for each of the four quarters’’ for ‘‘for each of the eight quarters’’. Subsec. (a)(9). Pub. L. 99–514, § 2, substituted ‘‘Inter- nal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’ in closing provisions. 1984—Subsec. (a)(6). Pub. L. 98–369, § 2663(j)(1), sub- stituted ‘‘means the Secretary of Health and Human Services’’ for ‘‘means the Secretary of Health, Edu- cation, and Welfare’’. Subsec. (a)(8), (9). Pub. L. 98–369, § 2663(e)(1), realigned margins of pars. (8) and (9). 1982—Subsec. (a)(1). Pub. L. 97–248, § 136(a), inserted ‘‘and American Samoa’’ after ‘‘includes the Northern Mariana Islands’’. Pub. L. 97–248, § 160(c), substituted ‘‘Guam, and the Northern Mariana Islands’’ for ‘‘American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands’’. 1981—Subsec. (a)(1). Pub. L. 97–35, §§ 2162(a)(1), 2352(b), substituted ‘‘American Samoa, the Northern Mariana Islands, and’’ for ‘‘American Samoa and’’ and inserted provisions that ‘‘State’’ when used in subchapter XIX of this chapter also includes the Northern Mariana Is- lands and when used in subchapter XX of this chapter also includes the Virgin Islands, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. Subsec. (a)(9)(D). Pub. L. 97–35, § 2193(c)(2), substituted ‘‘subchapters XVIII, and XIX’’ for ‘‘subchapters V, XVIII, and XIX’’. 1977—Subsec. (a)(1). Pub. L. 95–142, § 5(l)(2), which di- rected that second sentence of par. (1) be amended by inserting provision that ‘‘State’’ when used in part B of this subchapter also includes American Samoa and the Trust Territory of the Pacific Islands, was executed by inserting that provision to third sentence. Subsec. (a)(9). Pub. L. 95–142, § 5(c)(2), added par. (9). 1976—Subsec. (a)(1). Pub. L. 94–566 inserted provision that ‘‘State’’, when used in subchapters III, IX, and XII of this chapter, also includes the Virgin Islands. Subsec. (a)(8)(B). Pub. L. 94–273 substituted ‘‘October’’ for ‘‘July’’ in two places and ‘‘November 30’’ for ‘‘Au- gust 31’’. 1973—Subsec. (a)(1). Pub. L. 93–233 struck out in first sentence references to subchapters I, X, XIV, and XVI of this chapter and inserted third sentence respecting the case of Puerto Rico, the Virgin Islands, and Guam. 1972—Subsec. (a)(1). Pub. L. 92–603 extended benefits of subchapter V of this chapter to American Samoa and the Trust Territory of the Pacific Islands. 1965—Subsec. (a)(1). Pub. L. 89–97 included subchapter XIX of this chapter. 1962—Subsec. (a)(1). Pub. L. 87–543, § 153(a), included in enumeration subchapters XI and XVI of this chapter. Subsec. (a)(2). Pub. L. 87–543, § 153(b), struck out ‘‘, the District of Columbia, and the Commonwealth of Puerto Rico’’ after ‘‘the States,’’. 1960—Subsec. (a)(1). Pub. L. 86–778 substituted ‘‘The term ‘State’, except where otherwise provided, includes the District of Columbia and the Commonwealth of Puerto Rico’’ for ‘‘The term ‘State’ includes Hawaii, and the District of Columbia’’, and ‘‘includes the Virgin Islands and Guam’’ for ‘‘includes Puerto Rico, the Vir- gin Islands, and Guam’’. Pub. L. 86–624, § 30(d)(1), struck out ‘‘Hawaii, and’’ be- fore ‘‘the District of Columbia’’. Subsec. (a)(2). Pub. L. 86–778 substituted ‘‘means, ex- cept where otherwise provided, the States, the District of Columbia, and the Commonwealth of Puerto Rico’’ for ‘‘means the States, Hawaii, and the District of Co- lumbia’’. Pub. L. 86–624, § 30(d)(2), struck out ‘‘, Hawaii,’’ before ‘‘and the District of Columbia’’. Subsec. (a)(8)(A). Pub. L. 86–624, § 30(a)(1), (2), sub- stituted ‘‘per capita income of the United States’’ for ‘‘per capita income of the continental United States (including Alaska)’’, and struck out provisions which prescribed the Federal percentage for Hawaii as 50 per centum. Subsec. (a)(8)(B). Pub. L. 86–624, § 30(a)(1), substituted ‘‘United States’’ for ‘‘continental United States (in- cluding Alaska)’’. Subsec. (a)(8)(C), (D). Pub. L. 86–624, § 30(a)(3), added subpars. (C) and (D). 1959—Subsec. (a)(1). Pub. L. 86–70, § 32(d)(1), sub- stituted ‘‘Hawaii and’’ for ‘‘Alaska, Hawaii, and’’. Subsec. (a)(2). Pub. L. 86–70, § 32(d)(2), struck out ‘‘Alaska,’’ before ‘‘Hawaii’’. Subsec. (a)(8). Pub. L. 86–70, § 32(a), substituted ‘‘(in- cluding Alaska)’’ for ‘‘(excluding Alaska)’’ in two places, and ‘‘50 per centum for Hawaii’’ for ‘‘50 per cen- tum for Alaska and Hawaii’’. 1958—Subsec. (a)(1). Pub. L. 85–840, § 506, included Guam within definition of ‘‘State’’ when used in sub- chapters I, IV, V, VII, X, and XIV of this chapter. Subsec. (a)(8). Pub. L. 85–840, § 505, added par. (8). 1956—Subsec. (a)(1). Act Aug. 1, 1956, inserted ref- erence to subchapter VII of this chapter. 1950—Subsec. (a)(1). Act Aug. 28, 1950, § 403(a)(1), rede- fined ‘‘State’’. Subsec. (a)(6). Act Aug. 28, 1950, § 403(a)(2), defined ‘‘Administrator’’. Subsec. (a)(7). Act Aug. 28, 1950, § 403(b), added par. (7). 1948—Subsec. (a)(6). Act June 14, 1948, provided for ap- plication of usual common-law rules in determining whether a person is an employee. 1946—Subsec. (a)(1). Act Aug. 10, 1946, struck out ex- ception of section 45b of title 29 and inserted reference to Virgin Islands. 1939—Subsec. (a)(1). Act Aug. 10, 1939, redefined ‘‘State’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in subsec. (a)(6) and (8)(B) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–485, title VI, § 601(d), Oct. 13, 1988, 102 Stat. 2408, provided that: ‘‘The amendments made by this section [amending this section and sections 603, 1308, and 1318 of this title] shall become effective on October 1, 1988.’’ EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–203 applicable with re- spect to fiscal years beginning on or after Oct. 1, 1988, see section 9135(c) of Pub. L. 100–203, set out as a note under section 623 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 1883(c)(1) of Pub. L. 99–514 ef- fective Oct. 22, 1986, see section 1883(f) of Pub. L. 99–514, set out as a note under section 402 of this title. Page 2543 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1301 Amendment by section 1895(c)(6) of Pub. L. 99–514 ef- fective, except as otherwise provided, as if included in enactment of the Consolidated Omnibus Budget Rec- onciliation Act of 1985, Pub. L. 99–272, see section 1895(e) of Pub. L. 99–514, set out as a note under section 162 of Title 26, Internal Revenue Code. Pub. L. 99–272, title IX, § 9528(b), (c), Apr. 7, 1986, 100 Stat. 219, as amended by Pub. L. 99–509, title IX, §§ 9102, 9421(a), Oct. 21, 1986, 100 Stat. 1972, 2065, provided that: ‘‘(b) EFFECTIVE DATE.—The amendments made by this section [amending this section] shall apply to the Fed- eral percentage (and Federal medical assistance per- centage) for fiscal years 1987 and thereafter. Such amendments shall apply without regard to the require- ment of section 1101(a)(8)(B) of the Social Security Act [42 U.S.C. 1301(a)(8)(B)] relating to the promulgation of the Federal percentage prior to November 30 of the year preceding the year in which the new Federal per- centage becomes applicable. The Secretary of Health and Human Services shall promulgate such new per- centage for fiscal year 1987 as soon as practicable after the date of the enactment of this Act [Apr. 7, 1986]. ‘‘(c) HOLD HARMLESS PROVISION.—Notwithstanding subsection (b), for calendar quarters occurring during fiscal year 1987 and only for purposes of making pay- ments to States under sections 403 and 1903 of the So- cial Security Act [42 U.S.C. 603, 1396b], the amendments made by subsection (a) [amending this section] shall not apply to a State with respect to either such section if the effect of the [sic] applying the amendments would be to reduce the amount of payment made to the State under that section.’’ [Pub. L. 99–509, title IX, § 9102, Oct. 21, 1986, 100 Stat. 1972, provided that the amendment made by that sec- tion [amending section 9528(c) of Pub. L. 99–272, set out above] is effective as provided in section 9421(b) of Pub. L. 99–509. See below.] [Pub. L. 99–509, title IX, § 9421(b), Oct. 21, 1986, 100 Stat. 2065, provided that: ‘‘The amendment made by subsection (a) [enacting section 9528(c) of Pub. L. 99–272, set out above] shall be effective as though it had been included in the Consolidated Omnibus Budget Rec- onciliation Act of 1985 [Pub. L. 99–272] at the time of its enactment.’’] EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. 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(b) of Pub. L. 98–369, set out as a note under section 401 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Pub. L. 97–248, title I, § 136(e), Sept. 3, 1982, 96 Stat. 376, provided that: ‘‘The amendments made by this sec- tion [amending this section and sections 1308, 1396a, and 1396d of this title] shall become effective on Octo- ber 1, 1982.’’ Pub. L. 97–248, title I, § 160(e), Sept. 3, 1982, 96 Stat. 400, provided that: ‘‘The amendments made by this sec- tion [amending this section and sections 671, 1308, and 1397b of this title] shall be effective as of October 1, 1981.’’ EFFECTIVE DATE OF 1981 AMENDMENT Amendment by section 2352(a) of Pub. L. 97–35 effec- tive Oct. 1, 1981, except as otherwise explicitly pro- vided, see section 2354 of Pub. L. 97–35, set out as an Ef- fective Date note under section 1397 of this title. For effective date, savings, and transitional provi- sions relating to amendment by section 2193(c)(2) of Pub. L. 97–35, see section 2194 of Pub. L. 97–35, set out as a note under section 701 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–566 effective on the later of Oct. 1, 1976, or the day after the day on which the Sec- retary of Labor approves under section 3304(a) of Title 26, Internal Revenue Code, an unemployment com- pensation law submitted to him by the Virgin Islands for approval, see section 116(f)(1) of Pub. L. 94–566, set out as a note under section 3304 of Title 26. EFFECTIVE DATE OF 1973 AMENDMENT Pub. L. 93–233, § 18(z–2)(2), Dec. 31, 1973, 87 Stat. 974, provided that: ‘‘The amendments made by this sub- section [amending this section and sections 1315 and 1316 of this title] shall be effective on and after January 1, 1974.’’ EFFECTIVE DATE OF 1972 AMENDMENT Pub. L. 92–603, title II, § 272(c), Oct. 30, 1972, 86 Stat. 1451, provided that: ‘‘The amendments made by this section [amending this section and section 1308 of this title] shall apply with respect to fiscal years beginning after June 30, 1971.’’ EFFECTIVE DATE OF 1965 AMENDMENT Pub. L. 89–97, title I, § 121(c)(1), July 30, 1965, 79 Stat. 352, provided that the amendment made by that section is effective Jan. 1, 1966. EFFECTIVE DATE OF 1960 AMENDMENT Pub. L. 86–778, title V, § 541, Sept. 13, 1960, 74 Stat. 985, provided that the amendment made by that section is effective on and after Jan. 1, 1961. Amendment by section 30(d) of Pub. L. 86–624 effec- tive Aug. 21, 1959, see section 47(f) of Pub. L. 86–624, set out as a note under section 201 of this title. Amendment by section 30(a)(1) of Pub. L. 86–624 appli- cable in the case of promulgations or computations of Federal shares, allotment percentages, allotment ra- tios, and Federal percentages, as the case may be, made after Aug. 21, 1959, see Pub. L. 86–624, § 47(a), July 12, 1960, 74 Stat. 423. Pub. L. 86–624, § 47(b), July 12, 1960, 74 Stat. 423, pro- vided that: ‘‘The amendments made by paragraph (2) of section 30(a) [amending this section] shall be effective with the beginning of the calendar quarter in which this Act is enacted. The Secretary of Health, Edu- cation, and Welfare [now Health and Human Services] shall, as soon as possible after enactment of this Act [July 12, 1960], promulgate a Federal percentage for Ha- waii determined in accordance with the provisions of subparagraph (B) of section 1101(a)(8) of the Social Se- curity Act [42 U.S.C. 1301(a)(8)(B)], such promulgation to be effective for the period beginning with the begin- ning of the calendar quarter in which this Act is en- acted and ending with the close of June 30, 1961.’’ EFFECTIVE DATE OF 1959 AMENDMENT Amendment by section 32(a) of Pub. L. 86–70 applica- ble in the case of promulgations of Federal shares, al- lotment percentages, allotment ratios, and Federal per- centages, as the case may be, made after satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska, and amendment by section 32(d) of Pub. L. 86–70 effective Jan. 3, 1959, see Pub. L. 86–70, § 47(a), (d), June 25, 1959, 73 Stat. 153. EFFECTIVE DATE OF 1958 AMENDMENT For effective date of amendments by Pub. L. 85–840, see section 512 of Pub. L. 85–840, set out as a note under section 303 of this title. EFFECTIVE DATE OF 1950 AMENDMENT Act Aug. 28, 1950, ch. 809, title IV, § 403(a)(3), 64 Stat. 559, provided that: ‘‘The amendment made by para- graph (1) of this subsection [amending this section] shall take effect October 1, 1950, and the amendment made by paragraph (2) of this subsection [amending this section], insofar as it repeals the definition of ‘em- ployee’, shall be effective only with respect to services performed after 1950.’’ Act Aug. 28, 1950, ch. 809, title IV, § 403(b), 64 Stat. 559, provided that the amendment made by that section is effective Oct. 1, 1950. Page 2544 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1301 EFFECTIVE DATE OF 1948 AMENDMENT Act June 14, 1948, ch. 468, § 2(b), 62 Stat. 438, provided that: ‘‘The amendment made by subsection (a) [amend- ing this section] shall have the same effect as if in- cluded in the Social Security Act [42 U.S.C. 301 et seq.] on August 14, 1935, the date of its enactment, but shall not have the effect of voiding any (1) wage credits re- ported to the Bureau of Internal Revenue [now Internal Revenue Service] with respect to services performed prior to the enactment of this Act [June 14, 1948] or (2) wage credits with respect to services performed prior to the close of the first calendar quarter which begins after the date of the enactment of this Act in the case of individuals who have attained age sixty-five or who have died, prior to the close of such quarter, and with respect to whom prior to the date of enactment of this Act wage credits were established which would not have been established had the amendment made by sub- section (a) been in effect on and after August 14, 1935.’’ EFFECTIVE DATE OF 1946 AMENDMENT Act Aug. 10, 1946, ch. 951, title IV, § 401(a), 60 Stat. 986, provided that the amendment made by that section is effective Jan. 1, 1947. EFFECTIVE DATE OF 1939 AMENDMENT Act Aug. 10, 1939, ch. 666, title VIII, § 801, 53 Stat. 1398, provided that the amendment made by that section is effective Jan. 1, 1940. REPEALS The provisions of subsecs. (a)(1), (3), (6), (c) of this section were incorporated into sections 1426(d) to (f), 1427, 1607(i) to (k), and 1608 of former Title 26, Internal Revenue Code of 1939, by act Feb. 10, 1939, ch. 2, 53 Stat. 1. Section 4 of the act of Feb. 10, 1939, provided that all laws and parts of laws codified into the Internal Rev- enue Code of 1939, to the extent that they related exclu- sively to internal revenue, were repealed. See enacting sections preceding section 1 of former Title 26. Provisions of the Internal Revenue Code of 1939 were generally repealed by section 7851 of Title 26, Internal Revenue Code of 1954 (act Aug. 16, 1954, ch. 736, 68A Stat. 3). See, also, section 7807 of said Title 26, I.R.C. 1954, respecting rules in effect upon enactment of I.R.C. 1954. The I.R.C. 1954 was redesignated I.R.C. 1986 by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095. Said re- pealed sections are covered by sections 3121, 3123, 3306, 3307, 7701 of Title 26. PROVISIONS RELATING TO FEDERAL SECURITY ADMINISTRATOR Pub. L. 98–369, div. B, title VI, § 2663(l), July 18, 1984, 98 Stat. 1171, provided that: ‘‘Any reference to the Fed- eral Security Administrator which may remain in the provisions of title II, IV, VII, or XI of the Social Secu- rity Act [[42 U.S.C. 401 et seq., 601 et seq., 901 et seq., 1301 et seq.] (other than section 1101(a)(6) of such Act [42 U.S.C. 1301(a)(6)]) is amended— ‘‘(1) by substituting ‘Secretary’ or ‘Secretary’s’ for the term ‘Administrator’ or ‘Administrator’s’, where the reference is to that term alone; ‘‘(2) by substituting ‘Secretary of Health, Edu- cation, and Welfare’ for the term ‘Federal Security Administrator’, where the reference is to that term, if the provision containing such reference is amended by paragraph (2) or (3) of subsection (j) [Pub. L. 98–369, § 2663(j)(2), (3), see Tables for classification] (in which case the amendment of such provision under this paragraph shall be deemed to have taken effect immediately prior to the amendment of such provi- sion under such paragraph (2) or (3)); and ‘‘(3) by substituting ‘Secretary of Health and Human Services’ for the term ‘Federal Security Ad- ministrator’ in any other case where the reference is to that term; and any reference to the Federal Security Agency which may remain in such provisions is amended by substituting ‘Department of Health and Human Serv- ices’ for the term ‘Federal Security Agency’; but noth- ing in this subsection shall affect the exercise under section 402(a)(5) of such Act [42 U.S.C. 602(a)(5)] of the functions, powers, and duties relating to the prescrip- tion of personnel standards on a merit basis which were transferred from the Secretary of Health, Education, and Welfare by section 208(a)(3)(D) of Public Law 91–648 [42 U.S.C. 4728(a)(3)(D)].’’ DEFINITIONS OF ‘‘BIPA’’ AND ‘‘SECRETARY’’ Pub. L. 108–173, § 1(c), Dec. 8, 2003, 117 Stat. 2066, pro- vided that: ‘‘In this Act [see Short Title of 2003 Amendments note set out under section 1305 of this title]: ‘‘(1) BIPA.—The term ‘BIPA’ means the Medicare, Medicaid, and SCHIP Benefits Improvement and Pro- tection Act of 2000, as enacted into law by section 1(a)(6) of Public Law 106–554 [see Tables for classifica- tion]. ‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary of Health and Human Services.’’ DEFINITION OF ‘‘SECRETARY’’ Pub. L. 90–248, title IV, § 404, Jan. 2, 1968, 81 Stat. 933, as amended by Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695, provided that: ‘‘As used in the amend- ments made by this Act [see Short Title of 1968 Amend- ment note set out under section 1305 of this title] (un- less the context otherwise requires), the term ‘Sec- retary’ means the Secretary of Health and Human Services.’’ Pub. L. 89–97, title I, § 110, July 30, 1965, 79 Stat. 340, as amended by Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695, provided that: ‘‘As used in this Act, and in the provisions of the Social Security Act amend- ed by this Act [see Short Title of 1965 Amendment note set out under section 1305 of this title], the term ‘Sec- retary’, unless the context otherwise requires, means the Secretary of Health and Human Services.’’ Pub. L. 88–156, § 6, Oct. 24, 1963, 77 Stat. 276, as amend- ed by Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695, provided that: ‘‘As used in the amendments to the Social Security Act made by this Act [see Short Title of 1963 Amendment note set out under section 1305 of this title], the term ‘Secretary’ means the Secretary of Health and Human Services.’’ Pub. L. 87–543, title II, § 201, July 25, 1962, 76 Stat. 208, as amended by Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695, provided that: ‘‘As used in this Act and in the provisions of the Social Security Act amend- ed by this Act [see Short Title of 1962 Amendment note set out under section 1305 of this title], the term ‘Sec- retary’, unless the context otherwise requires, means the Secretary of Health and Human Services.’’ Pub. L. 87–64, title III, § 304, June 30, 1961, 75 Stat. 143, as amended by Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695, provided that: ‘‘As used in this title and title I, and in the provisions of the Social Security Act amended thereby [see Short Title of 1961 Amend- ment note set out under section 1305 of this title], the term ‘Secretary’, unless the context otherwise requires, means the Secretary of Health and Human Services.’’ Pub. L. 86–778, title VII, § 709, Sept. 13, 1960, 74 Stat. 997, as amended by Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695, provided that: ‘‘As used in this Act and the provisions of the Social Security Act amended by this Act [see Short Title of 1960 Amendment note set out under section 1305 of this title] the term ‘Sec- retary’, unless the context otherwise requires, means the Secretary of Health and Human Services.’’ Pub. L. 85–840, title VII, § 702, Aug. 28, 1958, 72 Stat. 1056, as amended by Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695, provided that: ‘‘As used in the pro- visions of the Social Security Act amended by this Act [see Short Title of 1958 Amendment note set out under section 1305 of this title], the term ‘‘Secretary’’, unless the context otherwise requires, means the Secretary of Health and Human Services.’’ Page 2545 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1302 Act Aug. 1, 1956, ch. 836, title I, § 119, 70 Stat. 836, as amended Oct. 17, 1979, Pub. L. 96–88, title V, § 509(b), 93 Stat. 695, provided that: ‘‘As used in this Act and in the provisions of the Social Security Act set forth in this Act [see Short Title of 1956 Amendment note set out under section 1305 of this title], the term ‘Secretary’ means the Secretary of Health and Human Services.’’ Act Sept. 1, 1954, ch. 1206, title I, § 114, 68 Stat. 1087, as amended Oct. 17, 1979, Pub. L. 96–88, title V, § 509(b), 93 Stat. 695, provided that: ‘‘As used in the provisions of the Social Security Act amended by this title [42 U.S.C. 402, 403, 415, 421], the term ‘Secretary’ means the Secretary of Health and Human Services.’’ Executive Documents TRANSFER OF FUNCTIONS Functions of Federal Security Administrator trans- ferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agen- cy and Office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 1301–1. Omitted Editorial Notes CODIFICATION Section, act Aug. 10, 1946, ch. 951, title II, § 202, 60 Stat. 981, defined the term ‘‘Administrator’’ as used in certain sections of this chapter. See section 1301 of this title. § 1301a. Omitted Editorial Notes CODIFICATION Section, act June 26, 1940, ch. 428, title II, 54 Stat. 588, provided for reimbursement for official travel per- formed by employees of the Bureau of Old-Age Insur- ance, was from the Federal Security Agency Appropria- tion Act, 1941, and was not repeated in subsequent ap- propriations acts. § 1302. Rules and regulations; impact analyses of Medicare and Medicaid rules and regulations on small rural hospitals (a) The Secretary of the Treasury, the Sec- retary of Labor, and the Secretary of Health and Human Services, respectively, shall make and publish such rules and regulations, not incon- sistent with this chapter, as may be necessary to the efficient administration of the functions with which each is charged under this chapter. (b)(1) Whenever the Secretary publishes a gen- eral notice of proposed rulemaking for any rule or regulation proposed under subchapter XVIII, subchapter XIX, or part B of this subchapter that may have a significant impact on the oper- ations of a substantial number of small rural hospitals, the Secretary shall prepare and make available for public comment an initial regu- latory impact analysis. Such analysis shall de- scribe the impact of the proposed rule or regula- tion on such hospitals and shall set forth, with respect to small rural hospitals, the matters re- quired under section 603 of title 5 to be set forth with respect to small entities. The initial regu- latory impact analysis (or a summary) shall be published in the Federal Register at the time of the publication of general notice of proposed rulemaking for the rule or regulation. (2) Whenever the Secretary promulgates a final version of a rule or regulation with respect to which an initial regulatory impact analysis is required by paragraph (1), the Secretary shall prepare a final regulatory impact analysis with respect to the final version of such rule or regu- lation. Such analysis shall set forth, with re- spect to small rural hospitals, the matters re- quired under section 604 of title 5 to be set forth with respect to small entities. The Secretary shall make copies of the final regulatory impact analysis available to the public and shall pub- lish, in the Federal Register at the time of pub- lication of the final version of the rule or regu- lation, a statement describing how a member of the public may obtain a copy of such analysis. (3) If a regulatory flexibility analysis is re- quired by chapter 6 of title 5 for a rule or regula- tion to which this subsection applies, such anal- ysis shall specifically address the impact of the rule or regulation on small rural hospitals. (Aug. 14, 1935, ch. 531, title XI, § 1102, 49 Stat. 647; Aug. 28, 1950, ch. 809, title IV, § 403(c), 64 Stat. 559; Pub. L. 98–369, div. B, title VI, § 2663(j)(2)(D)(i), (l)(2), July 18, 1984, 98 Stat. 1170, 1171; Pub. L. 100–203, title IV, § 4402(a), Dec. 22, 1987, 101 Stat. 1330–226.) Editorial Notes AMENDMENTS 1987—Pub. L. 100–203 designated existing provision as subsec. (a) and added subsec. (b). 1984—Pub. L. 98–369, § 2663(l)(2), substituted ‘‘Sec- retary of Health, Education, and Welfare’’ for ‘‘Federal Security Administrator’’ immediately prior to the sub- stitution of ‘‘Health and Human Services’’ for ‘‘Health, Education, and Welfare’’ by Pub. L. 98–369, § 2663(j)(2)(D)(i). 1950—Act Aug. 28, 1950, substituted ‘‘Federal Security Administrator’’ for ‘‘Social Security Board’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100–203, title IV, § 4402(b), Dec. 22, 1987, 101 Stat. 1330–226, provided that: ‘‘The amendments made by paragraph (1) [probably means subsec. (a), amending this section] shall apply to regulations proposed more than 30 days after the date of the enactment of this Act [Dec. 22, 1987].’’ EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. 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(b) of Pub. L. 98–369, set out as a note under section 401 of this title. REPEALS The provisions of this section were incorporated into sections 1429 and 1609 of former Title 26, Internal Rev- enue Code of 1939, by act Feb. 10, 1939, ch. 2, 53 Stat. 1. Section 4 of the act of Feb. 10, 1939, which enacted Title 26, I.R.C. 1939, provided that all laws and parts of laws codified into the I.R.C. 1939, to the extent that they re-