§ 1395o. Eligible individuals
(a) In general
Every individual who—
(1) is entitled to hospital insurance benefits
under part A, or
(2) has attained age 65 and is a resident of
the United States, and is either (A) a citizen
or (B) an alien lawfully admitted for perma-
nent residence who has resided in the United
States continuously during the 5 years imme-
diately preceding the month in which he ap-
plies for enrollment under this part,
is eligible to enroll in the insurance program es-
tablished by this part.
(b) Individuals eligible for immunosuppressive
drug coverage
(1) In general
Except as provided under paragraph (2),
every individual whose entitlement to insur-
ance benefits under part A ends (whether be-
fore, on, or after January 1, 2023) by reason of
section 426–1(b)(2) of this title is eligible to en-
roll or to be deemed to have enrolled in the
medical insurance program established by this
part solely for purposes of coverage of im-
munosuppressive drugs in accordance with
section 1395p(n) of this title.
(2) Exception if other coverage is available
(A) In general
An individual described in paragraph (1)
shall not be eligible for enrollment in the
program for purposes of coverage described
in such paragraph with respect to any period
in which the individual, as determined in ac-
cordance with subparagraph (B)—
(i) is enrolled in a group health plan or
group or individual health insurance cov-
erage, as such terms are defined in section
300gg–91 of this title;
(ii) is enrolled for coverage under the
TRICARE for Life program under section
1086(d) of title 10;
(iii) is enrolled under a State plan (or
waiver of such plan) under subchapter XIX
and is eligible to receive benefits for im-
munosuppressive drugs described in this
subsec
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Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_6414818c381d93f0fe635826 Source file: Laws/federal/codes/united-states-code-2024/title-42/section-1395o-eligible-individuals--428f7eef48.md Pages: Not recorded – Not recorded Passage SHA-256: a586d6afeab43ac33368b16b17b067ba86def34a58364b4f359969111a63e534 Retained source evidence SHA-256: 8defb026ba852158f97a18f5228bfe876ff45d04794a26804407172e7ad9612f
Page 3171
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1395p
terim report on the demonstration project and, not
later than four years after Dec. 22, 1987, a final report
on results of the project.
§ 1395o. Eligible individuals
(a) In general
Every individual who—
(1) is entitled to hospital insurance benefits
under part A, or
(2) has attained age 65 and is a resident of
the United States, and is either (A) a citizen
or (B) an alien lawfully admitted for perma-
nent residence who has resided in the United
States continuously during the 5 years imme-
diately preceding the month in which he ap-
plies for enrollment under this part,
is eligible to enroll in the insurance program es-
tablished by this part.
(b) Individuals eligible for immunosuppressive
drug coverage
(1) In general
Except as provided under paragraph (2),
every individual whose entitlement to insur-
ance benefits under part A ends (whether be-
fore, on, or after January 1, 2023) by reason of
section 426–1(b)(2) of this title is eligible to en-
roll or to be deemed to have enrolled in the
medical insurance program established by this
part solely for purposes of coverage of im-
munosuppressive drugs in accordance with
section 1395p(n) of this title.
(2) Exception if other coverage is available
(A) In general
An individual described in paragraph (1)
shall not be eligible for enrollment in the
program for purposes of coverage described
in such paragraph with respect to any period
in which the individual, as determined in ac-
cordance with subparagraph (B)—
(i) is enrolled in a group health plan or
group or individual health insurance cov-
erage, as such terms are defined in section
300gg–91 of this title;
(ii) is enrolled for coverage under the
TRICARE for Life program under section
1086(d) of title 10;
(iii) is enrolled under a State plan (or
waiver of such plan) under subchapter XIX
and is eligible to receive benefits for im-
munosuppressive drugs described in this
subsection under such plan (or such waiv-
er);
(iv) is enrolled under a State child
health plan (or waiver of such plan) under
subchapter XXI and is eligible to receive
benefits for such drugs under such plan (or
such waiver); or
(v)(I) is enrolled in the patient enroll-
ment system of the Department of Vet-
erans Affairs established and operated
under section 1705 of title 38;
(II) is not required to enroll under sec-
tion 1705 of such title to receive immuno-
suppressive drugs described in this sub-
section; or
(III) is otherwise eligible under a provi-
sion of title 38, other than section 1710 of
such title to receive immunosuppressive
drugs described in this subsection.
(B) Eligibility determinations
(i) In general
The Secretary, in coordination with the
Commissioner of Social Security, shall es-
tablish a process for determining whether
an individual described in paragraph (1)
who is to be enrolled or deemed to be en-
rolled in the medical insurance program
described in such paragraph meets the re-
quirements for such enrollment under this
subsection, including the requirement that
the individual not be enrolled in other cov-
erage as described in subparagraph (A).
(ii) Attestation regarding other coverage
The process established under clause (i)
shall include, at a minimum, a require-
ment that—
(I) the individual provide to the Com-
missioner an attestation that the indi-
vidual is not enrolled and does not ex-
pect to enroll in such other coverage;
and
(II) the individual notify the Commis-
sioner within 60 days of enrollment in
such other coverage.
(Aug. 14, 1935, ch. 531, title XVIII, § 1836, as added
Pub. L. 89–97, title I, § 102(a), July 30, 1965, 79
Stat. 304; amended Pub. L. 92–603, title II,
§ 201(c)(1), Oct. 30, 1972, 86 Stat. 1372; Pub. L.
116–260, div. CC, title IV, § 402(a)(2)(A), Dec. 27,
2020, 134 Stat. 2998.)
Editorial Notes
AMENDMENTS
2020—Pub. L. 116–260 designated existing provisions as
subsec. (a), inserted heading, and added subsec. (b).
1972—Pub. L. 92–603 designed former par. (2)(B) as par.
(1), former par. (1) as introductory clause in par. (2),
and former pars. (2)(A)(i) and (ii) as pars. (2)(A) and (B),
and struck out ‘‘(A)’’ after ‘‘(2)’’.
Statutory Notes and Related Subsidiaries
PERSONS CONVICTED OF SUBVERSIVE ACTIVITIES
Pub. L. 89–97, title I, § 104(b)(2), July 30, 1965, 79 Stat.
334, provided that: ‘‘An individual who has been con-
victed of any offense under (A) chapter 37 [section 792
et seq. of Title 18, Crimes and Criminal Procedure] (re-
lating to espionage and censorship), chapter 105 [sec-
tion 2151 et seq. of Title 18] (relating to sabotage), or
chapter 115 [section 2381 et seq. of Title 18] (relating to
treason, sedition, and subversive activities) of title 18
of the United States Code, or (B) section 4, 112, or 113
of the Internal Security Act of 1950, as amended [sec-
tion 783, 822, or 823 of Title 50, War and National De-
fense], may not enroll under part B of title XVIII of the
Social Security Act [42 U.S.C. 1395j et seq.].’’
§ 1395p. Enrollment periods
(a) Generally; regulations
An individual may enroll in the insurance pro-
gram established by this part only in such man-
ner and form as may be prescribed by regula-
tions, and only during an enrollment period pre-
scribed in or under this section.
(b) Repealed. Pub. L. 96–499, title IX, § 945(a),
Dec. 5, 1980, 94 Stat. 2642
(c) Initial general enrollment period; eligible in-
dividuals before March 1, 1966
In the case of individuals who first satisfy
paragraph (1) or (2) of section 1395o(a) of this
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement of requests and certifications** Except as provided in subsections (d) and (g) and in [section 1395mm of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395mm&num=0&edition=prelim), payment for services furnished an individual may be made only to providers of services which are eligible therefor under [section 1395cc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395cc&num=0&edition=prelim) and only if—
(1) written request, signed by such individual, except in cases in which the Secretary finds it impracticable for the individual to do so, is filed for such payment in such form, in such manner, and by such person or persons as the Secretary may by regulation prescribe, no later than the close of the period ending 1 calendar year after the date of service;
(2) a physician, or, in the case of services described in subparagraph (B), a physician, or a nurse practitioner, a clinical nurse specialist, or a physician assistant (as those terms are defined in [section 1395x(aa)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/aa/5&num=0&edition=prelim)) who does not have a direct or indirect employment relationship with the facility but is working in collaboration with a physician,,11 So in original. or, in the case of services described in subparagraph (C), a physician, a nurse practitioner or clinical nurse specialist (as such terms are defined in [section 1395x(aa)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/aa/5&num=0&edition=prelim)) who is working in accordance with State law, or a physician assistant (as defined in [section 1395x(aa)(5) of this title](https://usc
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1395j. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1395j. Establishment of supplementary medical
insurance program for aged and disabled
There is hereby established a voluntary insur-
ance program to provide medical insurance ben-
efits in accordance with the provisions of this
part for aged and disabled individuals who elect
to enroll under such program, to be financed
from premium payments by enrollees together
with contributions from funds appropriated by
the Federal Government.
(Aug. 14, 1935, ch. 531, title XVIII, § 1831, as added
Pub. L. 89–97, title I, § 102(a), July 30, 1965, 79
Stat. 301; amended Pub. L. 92–603, title II,
§ 201(a)(3), Oct. 30, 1972, 86 Stat. 1371.)
Editorial Notes
AMENDMENTS
1972—Pub. L. 92–603 substituted ‘‘aged and disabled in-
dividuals’’ for ‘‘individuals 65 years of age or over’’.
Statutory Notes and Related Subsidiaries
STUDY REGARDING COVERAGE UNDER PART B OF MEDI-
CARE
FOR NONREIMBURSABLE SERVICES PROVIDED
BY
OPTOMETRISTS
FOR
PROSTHETIC
LENSES
FOR
PA-
TIENTS WITH APHAKIA
Pub. L. 94–182, title I, § 109, Dec. 31, 1975, 89 Stat. 1053,
provided that the Secretary of Health, Education, and
Welfare conduct a study on the appropriateness of re-
imbursement under the insurance program established
Page 3019
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1395k
1 So in original. The semicolon probably should be a comma.
2 So in original. The word ‘‘and’’ probably should not appear.
by this part for services performed by optometrists
with respect to the provision of prosthetic lenses for
patients with aphakia and submit such study to Con-
gress not later than 4 months after Dec. 31, 1975.
STUDY TO DETERMINE FEASIBILITY OF INCLUSION OF
CERTAIN ADDITIONAL SERVICES UNDER PART B
Pub. L. 90–248, title I, § 141, Jan. 2, 1968, 81 Stat. 855,
directed Secretary to conduct a study re
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395j. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Individuals eligible to enroll** Every individual who—
(1) has attained the age of 65,
(2) is enrolled under part B of this subchapter,
(3) is a resident of the United States, and is either (A) a citizen or (B) an alien lawfully admitted for permanent residence who has resided in the United States continuously during the 5 years immediately preceding the month in which he applies for enrollment under this section, and
(4) is not otherwise entitled to benefits under this part,
shall be eligible to enroll in the insurance program established by this part. Except as otherwise provided, any reference to an individual entitled to benefits under this part includes an individual entitled to benefits under this part pursuant to an enrollment under this section or [section 1395i–2a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395i-2a&num=0&edition=prelim).
**(b) Time, manner, and form of enrollment** An individual may enroll under this section only in such manner and form as may be prescribed in regulations, and only during an enrollment period prescribed in or under this section.
**(c) Period of enrollment; scope of coverage** The provisions of [section 1395p of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395p&num=0&edition=prelim) (except subsections (f) and (o) thereof), [section 1395q of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395q&num=0&edition=prelim), subsection (b) of [section 1395r of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395r&num=0&edition=prelim), and subsections (f) and (h) of [section 1395s of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-