42 U.S.C. § 1395v
Agreements with States
The Secretary shall, at the request of a State made before
For purposes of this section, an individual shall be treated as an eligible individual only if he is an eligible individual (within the meaning of section 1395o of this title) on the date an agreement covering him is entered into under subsection (a) or he becomes an eligible individual (within the meaning of such section) at any time after such date; and he shall be treated as receiving money payments described in subsection (b) if he receives such payments for the month in which the agreement is entered into or any month thereafter.
Any individual whose coverage period attributable to the State agreement is terminated pursuant to subsection (d)(3) shall be deemed for purposes of this part (including the continuation of his coverage period under this part) to have enrolled under section 1395p of this title in the initial general enrollment period provided by section 1395p(c) of this title. The coverage period under this part of any such individual who (in the last month of his coverage period attributable to the State agreement or in any of the following six months) files notice that he no longer wishes to participate in the insurance program established by this part, shall terminate at the close of the month in which the notice is filed.
With respect to eligible individuals receiving money payments under the plan of a State approved under subchapter I, X, XIV, or XVI, or part A of subchapter IV, or eligible to receive medical assistance under the plan of such State approved under subchapter XIX, if the agreement entered into under this section so provides, the term “carrier” as defined in section 1395u(f) 1
For provisions relating to enrollment of qualified medicare beneficiaries under part A, see section 1395i–2(g) of this title.
The Railroad Retirement Act of 1974, referred to in subsec. (d)(3)(B), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93–445, title I, § 101,
Section 1395u(f) of this title, referred to in subsec. (f), was repealed by Pub. L. 108–173, title IX, § 911(c)(5),
1990—Subsec. (h)(3). Pub. L. 101–508 added par. (3).
1989—Subsec. (i). Pub. L. 101–239 added subsec. (i).
1988—Subsecs. (a), (g)(1). Pub. L. 100–360, § 301(e)(1)(A), formerly § 301(e)(1), as redesignated by Pub. L. 100–485, § 608(d)(14)(H)(i), inserted “or after 1988” after “during 1981”.
Subsec. (h)(1). Pub. L. 100–360, § 301(e)(1)(A), formerly § 301(e)(1), as redesignated by Pub. L. 100–485, § 608(d)(14)(H)(i), inserted “or after 1988” after “during 1981”.
Pub. L. 100–360, § 301(e)(1)(B), as added by Pub. L. 100–485, § 608(d)(14)(H)(ii), inserted cl. (A) designation after “include” and added cl. (B).
Subsec. (h)(2). Pub. L. 100–360, § 301(e)(1)(C), as added by Pub. L. 100–485, § 608(d)(14)(H)(ii), inserted “(except in the case of qualified medicare beneficiaries, as defined in section 1396d(p)(1) of this title)” after “shall be applied”.
1984—Subsec. (d)(3)(B). Pub. L. 98–369 substituted “1974” for “1937”.
1983—Subsec. (d)(1). Pub. L. 98–21 substituted “without any increase under subsection (b) thereof” for “without any increase under subsection (c) thereof”.
1980—Subsec. (a). Pub. L. 96–499, § 945(e), inserted “or during 1981,” after “
Subsec. (e). Pub. L. 96–499, § 947(a), inserted provision that the coverage period under this part of any individual who filed notice that he no longer wished to participate in the insurance program established by this part was to terminate at the close of the month in which the notice was filed.
Subsec. (g)(1). Pub. L. 96–499, § 945(e), inserted “or during 1981,” after “
Subsec. (g)(2)(C). Pub. L. 96–499, § 947(c)(3), struck out cl. (C) which authorized individuals facing exclusion from the applicable coverage group to terminate their enrollment under this part by the filing of a notice indicating he no longer wished to participate in the insurance program established by this part.
Subsec. (h)(1). Pub. L. 96–499, § 945(e), inserted “or during 1981,” after “
1974—Subsec. (b). Pub. L. 93–445 substituted “under the Railroad Retirement Act of 1974” for “or pension under the Railroad Retirement Act of 1937”.
1973—Subsec. (b). Pub. L. 93–233 provided for continuation of State agreements for coverage of certain individuals in connection with establishment of supplemental security income program.
1968—Pub. L. 90–248, § 222(b)(4), inserted “(or are eligible for medical assistance)” in section catchline.
Subsec. (a). Pub. L. 90–248, § 222(e)(1), substituted “1970” for “1968”.
Subsec. (b)(2). Pub. L. 90–248, § 241(e)(1), struck out “IV,” after “I,” and inserted “, and part A of subchapter IV” after “XVI”.
Subsec. (c). Pub. L. 90–248, § 222(e)(2), struck out “and before
Subsec. (d)(2)(D). Pub. L. 90–248, § 222(e)(3), struck out “(not later than
Subsec. (d)(3)(A). Pub. L. 90–248, § 222(b)(1), substituted “ineligible both for money payments of a kind specified in the agreement and (if there is in effect a modification entered into under subsection (h)) for medical assistance” for “ineligible for money payments of a kind specified in the agreement”.
Subsec. (f). Pub. L. 90–248, § 222(b)(2), inserted “or eligible to receive medical assistance under the plan of such State approved under subchapter XIX” and “, and individuals eligible to receive medical assistance under the plan of the State approved under subchapter XIX” after “or part A of subchapter IV” and “, and part A of subchapter IV”, respectively.
Pub. L. 90–248, § 241(e)(2), struck out “IV,” before “X,” in two places, and inserted “or part A of subchapter IV,” after “XVI,” first place it appears in first sentence and “, and part A of subchapter IV” after “XVI” in second sentence.
Subsec. (g)(1). Pub. L. 90–248, § 222(b)(3), substituted “1970” for “1968”.
Subsec. (h). Pub. L. 90–248, § 222(a), added subsec. (h).
1966—Subsec. (b). Pub. L. 89–384, § 4(a), inserted reference to subsec. (g) in exclusionary provision.
Subsec. (g). Pub. L. 89–384, § 4(b), added subsec. (g).
Amendment by Pub. L. 101–508 applicable to calendar quarters beginning on or after
Amendment by Pub. L. 101–239 effective
Amendment by Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title.
Pub. L. 100–360, title III, § 301(e)(3),
Amendment by Pub. L. 98–369 effective
Amendment by Pub. L. 98–21 applicable to premiums for months beginning with January 1984, but for months after June 1983 and before January 1984, the monthly premium for June 1983 shall apply to individuals enrolled under parts A and B of this subchapter, see section 606(c) of Pub. L. 98–21, set out as a note under section 1395r of this title.
Pub. L. 96–499, title IX, § 947(d),
Amendment by Pub. L. 93–445 effective
Amendment by Pub. L. 93–233 effective
Pub. L. 96–499, title IX, § 947(e),
Pub. L. 90–227, § 2,