§ 1395b. Option to individuals to obtain other
health insurance protection
Nothing contained in this subchapter shall be
construed to preclude any State from providing,
or any individual from purchasing or otherwise
securing, protection against the cost of any
health services.
(Aug. 14, 1935, ch. 531, title XVIII, § 1803, as added
Pub. L. 89–97, title I, § 102(a), July 30, 1965, 79
Stat. 291.)
Statutory Notes and Related Subsidiaries
IMPACT OF INCREASED INVESTMENTS IN HEALTH
RESEARCH ON FUTURE MEDICARE COSTS
Pub. L. 105–78, title II, Nov. 13, 1997, 111 Stat. 1484,
provided in part: ‘‘That in carrying out its legislative
mandate, the National Bipartisan Commission on the
Future of Medicare shall examine the impact of in-
creased investments in health research on future Medi-
care costs, and the potential for coordinating Medicare
with cost-effective long-term care services’’.
NATIONAL BIPARTISAN COMMISSION ON THE FUTURE OF
MEDICARE
Pub. L. 105–33, title IV, § 4021, Aug. 5, 1997, 111 Stat.
347, established National Bipartisan Commission on the
Future of Medicare which was directed to review and
analyze long-term financial condition of medicare pro-
gram, identify problems that threaten financial integ-
rity of Federal Hospital Insurance Trust Fund and Fed-
eral Supplementary Medical Insurance Trust Fund,
analyze potential solutions that will ensure both finan-
cial integrity of medicare program and provision of ap-
propriate benefits under such program, and make rec-
ommendations for, among other things, restoring sol-
vency of Federal Hospital Insurance Trust Fund and fi-
nancial integrity of Federal Supplementary Medical In-
surance Trust Fund, establishing appropriate financial
structure of medicare program as a whole, and estab-
lishing approp
File SHA-256: f904d2ac49370dc4877eb4c9e3ccd85bec3d43e225eae0d22f893d8ea7a0c4b5. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_7571f3b9a59b1e6db51b8dc4 Source file: Laws/federal/codes/united-states-code-2024/title-42/section-1395b-option-to-individuals-to-obtain-other--32e2a3d5c6.md Pages: Not recorded – Not recorded Passage SHA-256: aff392dd3b783315ce9130bd181a65db311844615bfa8d857c0d3b164a43d603 Retained source evidence SHA-256: f904d2ac49370dc4877eb4c9e3ccd85bec3d43e225eae0d22f893d8ea7a0c4b5
Page 2895
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1395b
(C) Practitioner
The term ‘‘practitioner’’ has the meaning
given such term by section 1395u(b)(18)(C) of
this title.
(D) Opt-out physician or practitioner
The term ‘‘opt-out physician or practi-
tioner’’ means a physician or practitioner
who has in effect an affidavit under para-
graph (3)(B).
(Aug. 14, 1935, ch. 531, title XVIII, § 1802, as added
Pub. L. 89–97, title I, § 102(a), July 30, 1965, 79
Stat. 291; amended Pub. L. 105–33, title IV,
§ 4507(a)(1), (2)(A), Aug. 5, 1997, 111 Stat. 439, 441;
Pub. L. 108–173, title VI, § 603, Dec. 8, 2003, 117
Stat. 2301; Pub. L. 114–10, title I, § 106(a)(1)(A),
(2), Apr. 16, 2015, 129 Stat. 137, 138.)
Editorial Notes
AMENDMENTS
2015—Subsec.
(b)(3)(B)(ii).
Pub.
L.
114–10,
§ 106(a)(1)(A)(i), substituted ‘‘during the applicable 2-
year period (as defined in subparagraph (D))’’ for ‘‘dur-
ing the 2-year period beginning on the date the affi-
davit is signed’’.
Subsec. (b)(3)(C). Pub. L. 114–10, § 106(a)(1)(A)(ii), sub-
stituted ‘‘during the applicable 2-year period’’ for ‘‘dur-
ing the 2-year period described in subparagraph (B)(ii)’’
in introductory provisions.
Subsec. (b)(3)(D). Pub. L. 114–10, § 106(a)(1)(A)(iii),
added subpar. (D).
Subsec. (b)(5). Pub. L. 114–10, § 106(a)(2)(C), added par.
(5). Former par. (5) redesignated (6).
Subsec. (b)(5)(D). Pub. L. 114–10, § 106(a)(2)(A), added
subpar. (D).
Subsec. (b)(6). Pub. L. 114–10, § 106(a)(2)(B), redesig-
nated par. (5) as (6).
2003—Subsec. (b)(5)(B). Pub. L. 108–173 substituted
‘‘paragraphs (1), (2), (3), and (4) of section 1395x(r)’’ for
‘‘section 1395x(r)(1)’’.
1997—Pub. L. 105–33 designated existing provisions as
subsec. (a), inserted heading, and added subsec. (b).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Pub. L. 114–10, title I, § 106(a)(1)(B), Apr. 16, 2015, 129
Stat. 138, provided that: ‘‘The amendments made by
subparagraph (A) [amending this section] shall apply to
affidavits entered into on or after the date that is 60
days after the date of the enactment of this Act [Apr.
16, 2015].’’
EFFECTIVE DATE OF 1997 AMENDMENT
Pub. L. 105–33, title IV, § 4507(c), Aug. 5, 1997, 111 Stat.
442, provided that: ‘‘The amendment made by sub-
section (a) [amending this section and section 1395y of
this title] shall apply with respect to contracts entered
into on and after January 1, 1998.’’
UPDATING THE WELCOME TO MEDICARE PACKAGE
Pub. L. 114–255, div. C, title XVII, § 17003, Dec. 13, 2016,
130 Stat. 1331, provided that:
‘‘(a) IN GENERAL.—Not later than 12 months after the
last day of the period for the request of information de-
scribed in subsection (b), the Secretary of Health and
Human Services shall, taking into consideration infor-
mation collected pursuant to subsection (b), update the
information included in the Welcome to Medicare pack-
age to include information, presented in a clear and
simple manner, about options for receiving benefits
under the Medicare program under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.), including
through the original medicare fee-for-service program
under parts A and B of such title (42 U.S.C. 1395c et
seq., 42 U.S.C. 1395j et seq.), Medicare Advantage plans
under part C of such title (42 U.S.C. 1395w–21 et seq.),
and prescription drug plans under part D of such title
(42 U.S.C. 1395w–101 et seq.)). The Secretary shall make
subsequent updates to the information included in the
Welcome to Medicare package as appropriate.
‘‘(b) REQUEST
FOR INFORMATION.—Not later than 6
months after the date of the enactment of this Act
[Dec. 13, 2016], the Secretary of Health and Human
Services shall request information, including rec-
ommendations, from stakeholders (including patient
advocates, issuers, and employers) on information in-
cluded in the Welcome to Medicare package, including
pertinent data and information regarding enrollment
and coverage for Medicare eligible individuals.’’
REPORT TO CONGRESS ON EFFECT OF PRIVATE
CONTRACTS
Pub. L. 105–33, title IV, § 4507(b), Aug. 5, 1997, 111 Stat.
441, required a report to be submitted to Congress, no
later than Oct. 1, 2001, on the effect on the program
under title IV of Pub. L. 105–33 of certain private con-
tracts.
§ 1395b. Option to individuals to obtain other
health insurance protection
Nothing contained in this subchapter shall be
construed to preclude any State from providing,
or any individual from purchasing or otherwise
securing, protection against the cost of any
health services.
(Aug. 14, 1935, ch. 531, title XVIII, § 1803, as added
Pub. L. 89–97, title I, § 102(a), July 30, 1965, 79
Stat. 291.)
Statutory Notes and Related Subsidiaries
IMPACT OF INCREASED INVESTMENTS IN HEALTH
RESEARCH ON FUTURE MEDICARE COSTS
Pub. L. 105–78, title II, Nov. 13, 1997, 111 Stat. 1484,
provided in part: ‘‘That in carrying out its legislative
mandate, the National Bipartisan Commission on the
Future of Medicare shall examine the impact of in-
creased investments in health research on future Medi-
care costs, and the potential for coordinating Medicare
with cost-effective long-term care services’’.
NATIONAL BIPARTISAN COMMISSION ON THE FUTURE OF
MEDICARE
Pub. L. 105–33, title IV, § 4021, Aug. 5, 1997, 111 Stat.
347, established National Bipartisan Commission on the
Future of Medicare which was directed to review and
analyze long-term financial condition of medicare pro-
gram, identify problems that threaten financial integ-
rity of Federal Hospital Insurance Trust Fund and Fed-
eral Supplementary Medical Insurance Trust Fund,
analyze potential solutions that will ensure both finan-
cial integrity of medicare program and provision of ap-
propriate benefits under such program, and make rec-
ommendations for, among other things, restoring sol-
vency of Federal Hospital Insurance Trust Fund and fi-
nancial integrity of Federal Supplementary Medical In-
surance Trust Fund, establishing appropriate financial
structure of medicare program as a whole, and estab-
lishing appropriate balance of benefits covered and ben-
eficiary contributions to medicare program, further
provided for membership of Commission, meetings, per-
sonnel and staff matters, powers of Commission, appro-
priations, submission of final report to Congress not
later than Mar. 1, 1999, and termination of Commission
30 days after submission of final report.
EXCLUSION
FROM
WAGES
AND
COMPENSATION
OF
RE-
FUNDS REQUIRED FROM EMPLOYERS TO COMPENSATE
FOR DUPLICATION OF MEDICARE BENEFITS BY HEALTH
CARE BENEFITS PROVIDED BY EMPLOYERS
Pub. L. 101–239, title X, § 10202, Dec. 19, 1989, 103 Stat.
2473, provided that:
Page 2896
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1395b–1
1 See References in Text note below.
‘‘(a) OLD-AGE, SURVIVORS, AND DISABILITY, AND HOS-
PITAL INSURANCE PROGRAMS.—For purposes of title II of
the Social Security Act [42 U.S.C. 401 et seq.] and chap-
ter 21 of the Internal Revenue Code of 1986 [26 U.S.C.
3101 et seq.], the term ‘wages’ shall not include the
amount of any refund required under section 421 of the
Medicare Catastrophic Coverage Act of 1988 [section 421
of Pub. L. 100–360, formerly set out as a note below].
‘‘(b) RAILROAD RETIREMENT PROGRAM.—For purposes
of chapter 22 of the Internal Revenue Code of 1986 [26
U.S.C. 3201 et seq.], the term ‘compensation’ shall not
include the amount of any refund required under sec-
tion 421 of the Medicare Catastrophic Coverage Act of
1988.
‘‘(c) FEDERAL UNEMPLOYMENT PROGRAMS.—
‘‘(1) FEDERAL UNEMPLOYMENT TAX.—For purposes of
chapter 23 of the Internal Revenue Code of 1986 [26
U.S.C. 3301 et seq.], the term ‘wages’ shall not include
the amount of any refund required under section 421
of the Medicare Catastrophic Coverage Act of 1988.
‘‘(2) RAILROAD UNEMPLOYMENT CONTRIBUTIONS.—For
purposes of the Railroad Unemployment Insurance
Act [45 U.S.C. 351 et seq.], the term ‘compensation’
shall not include the amount of any refund required
under section 421 of the Medicare Catastrophic Cov-
erage Act of 1988.
‘‘(3) RAILROAD UNEMPLOYMENT REPAYMENT TAX.—For
purposes of chapter 23A of the Internal Revenue Code
of 1986 [26 U.S.C. 3321 et seq.], the term ‘rail wages’
shall not include the amount of any refund required
under section 421 of the Medicare Catastrophic Cov-
erage Act of 1988.
‘‘(d) REPORTING REQUIREMENTS.—Any refund required
under section 421 of the Medicare Catastrophic Cov-
erage Act of 1988 shall be reported to the Secretary of
the Treasury or his delegate and to the person to whom
such refund is made in such manner as the Secretary of
the Treasury or his delegate shall prescribe.
‘‘(e) EFFECTIVE DATE.—This section shall apply with
respect to refunds provided on or after January 1, 1989.’’
UNITED STATES BIPARTISAN COMMISSION ON
COMPREHENSIVE HEALTH CARE
Pub. L. 100–360, title IV, subtitle A, §§ 401–408, July 1,
1988, 102 Stat. 765–768, as amended by Pub. L. 100–647,
title VIII, § 8414, Nov. 10, 1988, 102 Stat. 3801; Pub. L.
101–239, title VI, § 6220, Dec. 19, 1989, 103 Stat. 2254, es-
tablished the United States Bipartisan Commission on
Comprehensive Health Care, also known as the ‘‘Claude
Pepper Commission’’ or the ‘‘Pepper Commission’’, and
directed Commission to examine shortcomings in
health care delivery and financing mechanisms that
limit or prevent access of all individuals in United
States to comprehensive health care, and make specific
recommendations respecting Federal programs, poli-
cies, and financing needed to assure the availability of
comprehensive long-term care services for elderly and
disabled, as well as comprehensive health care services
for all individuals in the United States, and further
provided for membership of Commission, staff and con-
sultants, powers, authorization of appropriations, sub-
mission of findings and recommendations to Congress
not later than Nov. 9, 1989, and for termination of Com-
mission 30 days after submissions to Congress.
MAINTENANCE OF EFFORT REGARDING DUPLICATIVE
BENEFITS
Pub. L. 100–360, title IV, § 421, July 1, 1988, 102 Stat.
808, as amended by Pub. L. 100–485, title VI, § 608(a), Oct.
13, 1988, 102 Stat. 2411, which required employers who
had been providing health care benefits to employees
that were duplicative part A and part B benefits to pro-
vide the employees with additional benefits equal to
the total actuarial value of such duplicative benefits,
was repealed by Pub. L. 101–234, title III, § 301(a), Dec.
13, 1989, 103 Stat. 1985. [Repeal not applicable to dupli-
cative part A benefits for periods before Jan. 1, 1990, see
section 301(e)(1) of Pub. L. 101–234, set out as an Effec-
tive Date of 1989 Amendment note under section 1395u
of this title.]
TASK FORCE ON LONG-TERM HEALTH CARE POLICIES
Pub. L. 99–272, title IX, § 9601, Apr. 7, 1986, 100 Stat.
221, as amended by Pub. L. 105–362, title VI, § 601(b)(3),
Nov. 10, 1998, 112 Stat. 3286, directed Secretary of
Health and Human Services, in consultation with Na-
tional Association of Insurance Commissioners, to es-
tablish Task Force on Long-Term Health Care Policies
to develop recommendations for long-term health care
policies designed to limit marketing and agent abuse
for those policies, to assure dissemination of such in-
formation to consumers as is necessary to permit in-
formed choice in purchasing policies and to reduce pur-
chase of unnecessary or duplicative coverage, to assure
that benefits provided under policies are reasonable in
relationship to premiums charged, and to promote de-
velopment and availability of long-term health care
policies which meet these recommendations, and fur-
ther provided for composition of Task Force, definition
of long-term health care policy, assurance of States’ ju-
risdiction, submission of recommendations to Sec-
retary and Congress not later than 18 months after Apr.
7, 1986, and termination of Task Force 90 days after sub-
mission of recommendations.
§ 1395b–1. Incentives for economy while main-
taining or improving quality in provision of
health services
(a) Grants and contracts to develop and engage
in experiments and demonstration projects
(1) The Secretary of Health and Human Serv-
ices is authorized, either directly or through
grants to public or private agencies, institu-
tions, and organizations or contracts with public
or private agencies, institutions, and organiza-
tions, to develop and engage in experiments and
demonstration projects for the following pur-
poses:
(A) to determine whether, and if so which,
changes in methods of payment or reimburse-
ment (other than those dealt with in section
222(a) of the Social Security Amendments of
1972) for health care and services under health
programs established by this chapter, includ-
ing a change to methods based on negotiated
rates, would have the effect of increasing the
efficiency and economy of health services
under such programs through the creation of
additional incentives to these ends without
adversely affecting the quality of such serv-
ices;
(B) to determine whether payments for serv-
ices other than those for which payment may
be made under such programs (and which are
incidental to services for which payment may
be made under such programs) would, in the
judgment of the Secretary, result in more eco-
nomical provision and more effective utiliza-
tion of services for which payment may be
made under such program, where such services
are furnished by organizations and institu-
tions which have the capability of providing—
(i) comprehensive health care services,
(ii) mental health care services (as defined
by section 2691(c) 1 of this title),
(iii) ambulatory health care services (in-
cluding surgical services provided on an out-
patient basis), or
(iv) institutional services which may sub-
stitute, at lower cost, for hospital care;
(C) to determine whether the rates of pay-
ment or reimbursement for health care serv-
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) Old-age, survivors, and disability insurance** In addition to other taxes, there is hereby imposed on the income of every individual a tax equal to 6.2 percent of the wages (as defined in section 3121(a)) received by the individual with respect to employment (as defined in section 3121(b)).
**(b) Hospital insurance**
(1) **In general** — In addition to the tax imposed by the preceding subsection, there is hereby imposed on the income of every individual a tax equal to 1.45 percent of the wages (as defined in section 3121(a)) received by him with respect to employment (as defined in section 3121(b)).
(2) **Additional tax** — In addition to the tax imposed by paragraph (1) and the preceding subsection, there is hereby imposed on every taxpayer (other than a corporation, estate, or trust) a tax equal to 0.9 percent of wages which are received with respect to employment (as defined in section 3121(b)) during any taxable year beginning after December 31, 2012, and which are in excess of—
(A) in the case of a joint return, $250,000,
(B) in the case of a married taxpayer (as defined in section 7703) filing a separate return, ½ of the dollar amount determined under subparagraph (A), and
(C) in any other case, $200,000.
**(c) Relief from taxes in cases covered by certain international agreements** During any period in which there is in effect an agreement entered into pursuant to section 233 of the Social Security Act with any foreign country, wages received by or paid to an individual shall be exempt from the taxes imposed by this section to the extent that such wages are subject under such agreement exclusively to the laws applicable to the social security system of such foreign country.
Stored review status: release_metadata_unconfirmed. The source passage cites 26 U.S.C. § 3101. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 3101. Rate of tax
(a) Old-age, survivors, and disability insurance
In addition to other taxes, there is hereby im-
posed on the income of every individual a tax
equal to 6.2 percent of the wages (as defined in
section 3121(a)) received by the individual with
respect to employment (as defined in section
3121(b)).
(b) Hospital insurance
(1) In general
In addition to the tax imposed by the pre-
ceding subsection, there is hereby imposed on
the income of every individual a tax equal to
1.45 percent of the wages (as defined in section
3121(a)) received by him with respect to em-
ployment (as defined in section 3121(b)).
(2) Additional tax
In addition to the tax imposed by paragraph
(1) and the preceding subsection, there is here-
by imposed on every taxpayer (other than a
corporation, estate, or trust) a tax equal to 0.9
percent of wages which are received with re-
spect to employment (as defined in section
3121(b)) during any taxable year beginning
after December 31, 2012, and which are in ex-
cess of—
(A) in the case of a joint return, $250,000,
(B) in the case of a married taxpayer (as
defined in section 7703) filing a separate re-
turn, 1⁄2 of the dollar amount determined
under subparagraph (A), and
(C) in any other case, $200,000.
(c) Relief from taxes in cases covered by certain
international agreements
During any period in which there is in effect
an agreement entered into pursuant to section
233 of the Social Security Act with any foreign
country, wages received by or paid to an indi-
vidual shall be exempt from the taxes imposed
by this section to the extent that such wages are
subject under such agreement exclusively to the
laws applicable to the social security system of
such foreign country.
(Aug. 16, 1954, ch. 736, 68A Stat.
Stored review status: historical_2024_not_currentness_verified. The source passage cites 26 U.S.C. § 3101. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Tier 1 tax** In addition to other taxes, there is hereby imposed on the income of each employee a tax equal to the applicable percentage of the compensation received during any calendar year by such employee for services rendered by such employee. For purposes of the preceding sentence, the term “applicable percentage” means the percentage equal to the sum of the rates of tax in effect under subsections (a) and (b) of section 3101 for the calendar year.
**(b) Tier 2 tax** In addition to other taxes, there is hereby imposed on the income of each employee a tax equal to the percentage determined under section 3241 for any calendar year of the compensation received during such calendar year by such employee for services rendered by such employee.
**(c) Cross reference** For application of different contribution bases with respect to the taxes imposed by subsections (a) and (b), see section 3231(e)(2).
Stored review status: release_metadata_unconfirmed. The source passage cites 26 U.S.C. § 3201. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 3201. Rate of tax
(a) Tier 1 tax
In addition to other taxes, there is hereby im-
posed on the income of each employee a tax
equal to the applicable percentage of the com-
pensation received during any calendar year by
such employee for services rendered by such em-
ployee. For purposes of the preceding sentence,
the term ‘‘applicable percentage’’ means the
percentage equal to the sum of the rates of tax
in effect under subsections (a) and (b) of section
3101 for the calendar year.
(b) Tier 2 tax
In addition to other taxes, there is hereby im-
posed on the income of each employee a tax
equal to the percentage determined under sec-
tion 3241 for any calendar year of the compensa-
tion received during such calendar year by such
employee for services rendered by such em-
ployee.
(c) Cross reference
For application of different contribution bases
with respect to the taxes imposed by subsections (a)
and (b), see section 3231(e)(2).
(Aug. 16, 1954, ch. 736, 68A Stat. 431; Aug. 31, 1954,
ch. 1164, pt. II, § 206(a), 68 Stat. 1040; Pub. L.
86–28, pt. II, § 201(a), May 19, 1959, 73 Stat. 28;
Pub. L. 88–133, title II, § 201, Oct. 5, 1963, 77 Stat.
221; Pub. L. 89–97, title I, §§ 105(b)(1), 111(c)(1),
July 30, 1965, 79 Stat. 335, 342; Pub. L. 89–212, §§ 4,
5(a), Sept. 29, 1965, 79 Stat. 861; Pub. L. 89–699,
title III, § 301(a), Oct. 30, 1966, 80 Stat. 1078; Pub.
L. 89–700, title III, § 301(v), (vi), Oct. 30, 1966, 80
Stat. 1088, 1089; Pub. L. 93–69, title I, § 102(a),
July 10, 1973, 87 Stat. 162; Pub. L. 94–93, title II,
§ 201, Aug. 9, 1975, 89 Stat. 466; Pub. L. 94–455,
title XIX, § 1903(a)(6), Oct. 4, 1976, 90 Stat. 1807;
Pub. L. 97–34, title VII, § 741(a), Aug. 13, 1981, 95
Stat. 347; Pub. L. 98–76, title II, §§ 211(a), 221,
Aug. 12, 1983, 97 St
Stored review status: historical_2024_not_currentness_verified. The source passage cites 26 U.S.C. § 3201. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Conditions of participation; protection of individual rights; notification of State entities; use of home health aides; medical equipment; individual’s plan of care; compliance with Federal, State, and local laws and regulations** The conditions of participation that a home health agency is required to meet under this subsection are as follows:
(1) The agency protects and promotes the rights of each individual under its care, including each of the following rights:
(A) The right to be fully informed in advance about the care and treatment to be provided by the agency, to be fully informed in advance of any changes in the care or treatment to be provided by the agency that may affect the individual’s well-being, and (except with respect to an individual adjudged incompetent) to participate in planning care and treatment or changes in care or treatment.
(B) The right to voice grievances with respect to treatment or care that is (or fails to be) furnished without discrimination or reprisal for voicing grievances.
(C) The right to confidentiality of the clinical records described in section 1395x(o)(3) of this title.
(D) The right to have one’s property treated with respect.
(E) The right to be fully informed orally and in writing (in advance of coming under the care of the agency) of—
(i) all items and services furnished by (or under arrangements with) the agency for which payment may be made under this subchapter,
(ii) the coverage available for such items and services under this subchapter, subchapter XIX, and any other Federal program of which the agency is reasonably aware,
(iii) any charges for items and services not covered under this subchapter and any charges the individual may have to pay with respect to items and services furn
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1395. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1395. Prohibition against any Federal inter-
ference
Nothing in this subchapter shall be construed
to authorize any Federal officer or employee to
exercise any supervision or control over the
practice of medicine or the manner in which
medical services are provided, or over the selec-
tion, tenure, or compensation of any officer or
employee of any institution, agency, or person
providing health services; or to exercise any su-
pervision or control over the administration or
operation of any such institution, agency, or
person.
(Aug. 14, 1935, ch. 531, title XVIII, § 1801, as added
Pub. L. 89–97, title I, § 102(a), July 30, 1965, 79
Stat. 291.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
For short title of title I of Pub. L. 89–97, which en-
acted this subchapter as the ‘‘Health Insurance for the
Aged Act’’, see section 100 of Pub. L. 89–97, set out as
a Short Title of 1965 Amendment note under section
1305 of this title.
PROTECTING AND IMPROVING GUARANTEED MEDICARE
BENEFITS
Pub. L. 111–148, title III, § 3601, Mar. 23, 2010, 124 Stat.
538, provided that:
‘‘(a) PROTECTING GUARANTEED MEDICARE BENEFITS.—
Nothing in the provisions of, or amendments made by,
this Act [see Short Title note set out under section
18001 of this title] shall result in a reduction of guaran-
teed benefits under title XVIII of the Social Security
Act [42 U.S.C. 1395 et seq.].
‘‘(b) ENSURING THAT MEDICARE SAVINGS BENEFIT THE
MEDICARE
PROGRAM
AND
MEDICARE
BENEFICIARIES.—
Savings generated for the Medicare program under title
XVIII of the Social Security Act under the provisions
of, and amendments made by, this Act shall extend the
solvency of the Medicare trust funds, reduce Medicare
premiums and other cost-sharing for beneficiaries, and
improve or expand gu
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Program** There is hereby established the Medicare Integrity Program (in this section referred to as the “Program”) under which the Secretary shall promote the integrity of the medicare program by entering into contracts in accordance with this section with eligible entities, or otherwise, to carry out the activities described in subsection (b).
**(b) Activities described** The activities described in this subsection are as follows:
(1) Review of activities of providers of services or other individuals and entities furnishing items and services for which payment may be made under this subchapter (including skilled nursing facilities and home health agencies), including medical and utilization review and fraud review (employing similar standards, processes, and technologies used by private health plans, including equipment and software technologies which surpass the capability of the equipment and technologies used in the review of claims under this subchapter as of August 21, 1996).
(2) Audit of cost reports.
(3) Determinations as to whether payment should not be, or should not have been, made under this subchapter by reason of [section 1395y(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395y/b&num=0&edition=prelim), and recovery of payments that should not have been made.
(4) Education of providers of services, beneficiaries, and other persons with respect to payment integrity and benefit quality assurance issues.
(5) Developing (and periodically updating) a list of items of durable medical equipment in accordance with [section 1395m(a)(15) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395m/a/15&num=0&edition=prelim) which are subject to prior aut
Nothing in this subchapter shall be construed to authorize any Federal officer or employee to exercise any supervision or control over the practice of medicine or the manner in which medical services are provided, or over the selection, tenure, or compensation of any officer or employee of any institution, agency, or person providing health services; or to exercise any supervision or control over the administration or operation of any such institution, agency, or person.
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1395c. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1395c. Description of program
The insurance program for which entitlement
is established by sections 426 and 426–1 of this
title provides basic protection against the costs
of hospital, related post-hospital, home health
services, and hospice care in accordance with
this part for (1) individuals who are age 65 or
over and are eligible for retirement benefits
under subchapter II of this chapter (or would be
eligible for such benefits if certain government
Page 2929
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1395c
employment were covered employment under
such subchapter) or under the railroad retire-
ment system, (2) individuals under age 65 who
have been entitled for not less than 24 months to
benefits under subchapter II of this chapter (or
would have been so entitled to such benefits if
certain government employment were covered
employment under such subchapter) or under
the railroad retirement system on the basis of a
disability, and (3) certain individuals who do not
meet the conditions specified in either clause (1)
or (2) but who are medically determined to have
end stage renal disease.
(Aug. 14, 1935, ch. 531, title XVIII, § 1811, as added
Pub. L. 89–97, title I, § 102(a), July 30, 1965, 79
Stat. 291; amended Pub. L. 92–603, title II,
§ 201(a)(2), Oct. 30, 1972, 86 Stat. 1371; Pub. L.
95–292, § 4(a), June 13, 1978, 92 Stat. 315; Pub. L.
96–265, title I, § 103(a)(2), June 9, 1980, 94 Stat. 444;
Pub. L. 96–473, § 2(b), Oct. 19, 1980, 94 Stat. 2263;
Pub. L. 96–499, title IX, § 930(a), Dec. 5, 1980, 94
Stat. 2631; Pub. L. 97–248, title I, § 122(a)(1), title
II, § 278(b)(3), Sept. 3, 1982, 96 Stat. 356, 561; Pub.
L. 99–272, title XIII, § 13205(b)(2)(C)(i), Apr. 7,
1986, 100 Stat. 317; Pub. L. 100–360, title I,
§ 104(d)(1), July 1, 1
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395c. This identifies an authority to review, not proof of applicability.
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.