§ 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
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Stable record: federal_law:legal_authorities:uscode2024_cc75ead5e60108516b6ca935 Source file: Laws/federal/codes/united-states-code-2024/title-42/section-1395c-description-of-program--8d1341eaf3.md Pages: Not recorded – Not recorded Passage SHA-256: fa168b46f3edea5c5664cbc559a86d29082883112f0a21a34cdd7b445dbaa52c Retained source evidence SHA-256: f3d17c367c49f6ef607b6f4f871a699da4cf39226f0517596e8a56296593aebe
Page 2928
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1395b–10
(A) are from entities that manufacture
pharmaceutical, biotechnology, medical de-
vice, or diagnostic products that are covered
or for which coverage is being sought under
this subchapter; and
(B) are with respect to coverage, coding, or
payment under this subchapter for such
products.
(2) Application
The second sentence of subsection (c)(2)
shall apply to the ombudsman under subpara-
graph (A) in the same manner as such sentence
applies to the Medicare Beneficiary Ombuds-
man under subsection (c).
(e) Funding for implementation of beneficiary
enrollment simplification
For purposes of carrying out the provisions of
and the amendments made by section 120 of divi-
sion CC of the Consolidated Appropriations Act,
2021, the Secretary shall provide for the transfer,
from the Federal Hospital Insurance Trust Fund
under section 1395i of this title and the Federal
Supplementary Medical Insurance Trust Fund
under section 1395t of this title (in such propor-
tion as the Secretary determines appropriate),
to the Centers for Medicare & Medicaid Services
Program Management Account, of $2,000,000 for
each of fiscal years 2021 through 2030, to remain
available until expended.
(Aug. 14, 1935, ch. 531, title XVIII, § 1808, as added
and amended Pub. L. 108–173, title IX, §§ 900(a),
(b), 923(a), Dec. 8, 2003, 117 Stat. 2369, 2393; Pub.
L. 114–255, div. A, title IV, § 4010, Dec. 13, 2016, 130
Stat. 1185; Pub. L. 116–260, div. CC, title I,
§ 120(b), Dec. 27, 2020, 134 Stat. 2955.)
Editorial Notes
REFERENCES IN TEXT
Section 120 of division CC of the Consolidated Appro-
priations Act, 2021, referred to in subsec. (e), is section
120 of div. CC of Pub. L. 116–260, which amended this
section and sections 1395i–2a, 1395p, 1395q, and 1395r of
this title.
AMENDMENTS
2020—Subsec. (e). Pub. L. 116–260 added subsec. (e).
2016—Subsec. (d). Pub. L. 114–255 added subsec. (d).
2003—Subsec. (b). Pub. L. 108–173, § 900(b), added sub-
sec. (b).
Subsec. (c). Pub. L. 108–173, § 923(a), added subsec. (c).
Statutory Notes and Related Subsidiaries
DEADLINE FOR APPOINTMENT
Pub. L. 108–173, title IX, § 923(b), Dec. 8, 2003, 117 Stat.
2394, provided that: ‘‘By not later than 1 year after the
date of the enactment of this Act [Dec. 8, 2003], the Sec-
retary [of Health and Human Services] shall appoint
the Medicare Beneficiary Ombudsman under section
1808(c) of the Social Security Act [42 U.S.C. 1395b–9(c)],
as added by subsection (a).’’
§ 1395b–10. Addressing health care disparities
(a) Evaluating data collection approaches
The Secretary shall evaluate approaches for
the collection of data under this subchapter, to
be performed in conjunction with existing qual-
ity reporting requirements and programs under
this subchapter, that allow for the ongoing, ac-
curate, and timely collection and evaluation of
data on disparities in health care services and
performance on the basis of race, ethnicity, and
gender. In conducting such evaluation, the Sec-
retary shall consider the following objectives:
(1) Protecting patient privacy.
(2) Minimizing the administrative burdens of
data collection and reporting on providers and
health plans participating under this sub-
chapter.
(3) Improving Medicare program data on
race, ethnicity, and gender.
(b) Reports to Congress
(1) Report on evaluation
Not later than 18 months after July 15, 2008,
the Secretary shall submit to Congress a re-
port on the evaluation conducted under sub-
section (a). Such report shall, taking into con-
sideration the results of such evaluation—
(A) identify approaches (including defining
methodologies)
for
identifying
and
col-
lecting and evaluating data on health care
disparities on the basis of race, ethnicity,
and gender for the original Medicare fee-for-
service program under parts A and B, the
Medicare Advantage program under part C,
and the Medicare prescription drug program
under part D; and
(B) include recommendations on the most
effective strategies and approaches to re-
porting HEDIS quality measures as required
under section 1395w–22(e)(3) of this title and
other nationally recognized quality perform-
ance measures, as appropriate, on the basis
of race, ethnicity, and gender.
(2) Reports on data analyses
Not later than 4 years after July 15, 2008, and
4 years thereafter, the Secretary shall submit
to Congress a report that includes rec-
ommendations for improving the identifica-
tion of health care disparities for Medicare
beneficiaries based on analyses of the data col-
lected under subsection (c).
(c) Implementing effective approaches
Not later than 24 months after July 15, 2008,
the Secretary shall implement the approaches
identified in the report submitted under sub-
section (b)(1) for the ongoing, accurate, and
timely collection and evaluation of data on
health care disparities on the basis of race, eth-
nicity, and gender.
(Aug. 14, 1935, ch. 531, title XVIII, § 1809, as added
Pub. L. 110–275, title I, § 185, July 15, 2008, 122
Stat. 2587.)
PART A—HOSPITAL INSURANCE BENEFITS FOR
AGED AND DISABLED
§ 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, 1988, 102 Stat. 688; Pub. L.
101–234, title I, § 101(a), Dec. 13, 1989, 103 Stat.
1979.)
Editorial Notes
AMENDMENTS
1989—Pub.
L.
101–234
repealed
Pub. L.
100–360,
§ 104(d)(1), and provided that the provisions of law
amended or repealed by such section are restored or re-
vived as if such section had not been enacted, see 1988
Amendment note below.
1988—Pub. L. 100–360 substituted ‘‘inpatient hospital
services, extended care services’’ for ‘‘hospital, related
post-hospital’’.
1986—Pub. L. 99–272 substituted ‘‘government employ-
ment’’ for ‘‘Federal employment’’ in cls. (1) and (2).
1982—Pub. L. 97–248, § 122(a)(1), substituted ‘‘home
health services, and hospice care’’ for ‘‘and home
health services’’.
Pub. L. 97–248, § 278(b)(3), inserted ‘‘(or would be eligi-
ble for such benefits if certain Federal employment
were covered employment under such subchapter)’’
after ‘‘subchapter II of this chapter’’ in cl. (1), and in-
serted ‘‘(or would have been so entitled to such benefits
if certain Federal employment were covered employ-
ment under such subchapter)’’ after ‘‘subchapter II of
this chapter’’ in cl. (2).
1980—Pub. L. 96–499 substituted ‘‘, related post-hos-
pital, and home health services’’ for ‘‘and related post-
hospital services’’.
Pub. L. 96–473 substituted ‘‘are eligible for’’ for ‘‘are
entitled to’’.
Pub. L. 96–265 substituted ‘‘not less than 24 months’’
for ‘‘not less than 24 consecutive months’’.
1978—Pub. L. 95–292 inserted references to section
426–1 of this title and to 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.
1972—Pub. L. 92–603 designated existing provisions as
cl. (1) and added cl. (2).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1989 AMENDMENT
Pub. L. 101–234, title I, § 101(d), Dec. 13, 1989, 103 Stat.
1980, provided that: ‘‘The provisions of this section
[amending this section and sections 1395d, 1395e, 1395f,
1395k, 1395x, 1395cc, and 1395tt of this title, enacting
provisions set out as notes under sections 1395e and
1395ww of this title, and amending provisions set out as
notes under sections 1395e and 1395ww of this title]
shall take effect January 1, 1990, except that the
amendments made by subsection (c) [amending provi-
sions set out as a note under section 1395ww of this
title] shall be effective as if included in the enactment
of MCCA [Pub. L. 100–360].’’
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–360 effective Jan. 1, 1989,
except as otherwise provided, and applicable to inpa-
tient hospital deductible for 1989 and succeeding years,
to care and services furnished on or after Jan. 1, 1989,
to premiums for January 1989 and succeeding months,
and to blood or blood cells furnished on or after Jan. 1,
1989, see section 104(a) of Pub. L. 100–360, set out as a
note under section 1395d of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–272 effective after Mar. 31,
1986, with no individual to be considered under dis-
ability for any period beginning before Apr. 1, 1986, for
purposes of hospital insurance benefits, see section
13205(d)(2) of Pub. L. 99–272, set out as a note under sec-
tion 410 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Pub. L. 97–248, title I, § 122(h)(1), Sept. 3, 1982, 96 Stat.
362, as amended by Pub. L. 99–272, title IX, § 9123(a),
Apr. 7, 1986, 100 Stat. 168, provided that: ‘‘The amend-
ments made by this section [amending this section and
sections 1395d to 1395f, 1395h, and 1395x to 1395cc of this
title and section 231f of Title 45, Railroads, and enact-
ing provisions set out as notes under sections 1395b–1
and 1395f of this title] apply to hospice care provided on
or after November 1, 1983.’’
Amendment by section 278(b)(3) of Pub. L. 97–248 ef-
fective on and after Jan. 1, 1983, and applicable to re-
muneration (for medicare qualified Federal employ-
ment) paid after Dec. 31, 1982, see section 278(c)(2)(A) of
Pub. L. 97–248, set out as a note under section 426 of
this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–499 effective with respect
to services furnished on or after July 1, 1981, see section
930(s)(1) of Pub. L. 96–499, set out as a note under sec-
tion 1395x of this title.
Amendment by Pub. L. 96–473 effective after second
month beginning after Oct. 19, 1980, see section 2(d) of
Pub. L. 96–473, set out as a note under section 426 of
this title.
Amendment by Pub. L. 96–265 applicable with respect
to hospital insurance or supplementary medical insur-
ance benefits for services provided on or after first day
of sixth month which begins after June 9, 1980, see sec-
tion 103(c) of Pub. L. 96–265, set out as a note under sec-
tion 426 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–292 effective with respect
to services, supplies, and equipment furnished after the
third calendar month beginning after June 13, 1978, ex-
cept that provisions for the implementation of an in-
centive reimbursement system for dialysis services fur-
nished in facilities and providers to become effective
with respect to a facility’s or provider’s first account-
ing period beginning after the last day of the twelfth
month following the month of June 1978, and except
that provisions for reimbursement rates for home di-
alysis to become effective on Apr. 1, 1979, see section 6
of Pub. L. 95–292, set out as a note under section 426 of
this title.
DEVELOPING
GUIDANCE
ON
PAIN
MANAGEMENT
AND
OPIOID
USE
DISORDER
PREVENTION
FOR
HOSPITALS
RECEIVING PAYMENT UNDER PART A OF
THE MEDI-
CARE PROGRAM
Pub. L. 115–271, title VI, § 6092, Oct. 24, 2018, 132 Stat.
3999, provided that:
Page 2930
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1395c
‘‘(a) IN GENERAL.—Not later than July 1, 2019, the
Secretary of Health and Human Services (in this sec-
tion referred to as the ‘Secretary’) shall develop and
publish on the public website of the Centers for Medi-
care & Medicaid Services guidance for hospitals receiv-
ing payment under part A of title XVIII of the Social
Security Act (42 U.S.C. 1395c et seq.) on pain manage-
ment strategies and opioid use disorder prevention
strategies with respect to individuals entitled to bene-
fits under such part.
‘‘(b) CONSULTATION.—In developing the guidance de-
scribed in subsection (a), the Secretary shall consult
with relevant stakeholders, including—
‘‘(1) medical professional organizations;
‘‘(2) providers and suppliers of services (as such
terms are defined in section 1861 of the Social Secu-
rity Act (42 U.S.C. 1395x));
‘‘(3) health care consumers or groups representing
such consumers; and
‘‘(4) other entities determined appropriate by the
Secretary.
‘‘(c) CONTENTS.—The guidance described in subsection
(a) shall include, with respect to hospitals and individ-
uals described in such subsection, the following:
‘‘(1) Best practices regarding evidence-based screen-
ing and practitioner education initiatives relating to
screening and treatment protocols for opioid use dis-
order, including—
‘‘(A) methods to identify such individuals at-risk
of opioid use disorder, including risk stratification;
‘‘(B) ways to prevent, recognize, and treat opioid
overdoses; and
‘‘(C) resources available to such individuals, such
as opioid treatment programs, peer support groups,
and other recovery programs.
‘‘(2) Best practices for such hospitals to educate
practitioners furnishing items and services at such
hospital with respect to pain management and sub-
stance use disorders, including education on—
‘‘(A) the adverse effects of prolonged opioid use;
‘‘(B)
non-opioid,
evidence-based,
non-pharma-
cological pain management treatments;
‘‘(C) monitoring programs for individuals who
have been prescribed opioids; and
‘‘(D) the prescribing of naloxone along with an
initial opioid prescription.
‘‘(3) Best practices for such hospitals to make such
individuals aware of the risks associated with opioid
use (which may include use of the notification tem-
plate described in paragraph (4)).
‘‘(4) A notification template developed by the Sec-
retary, for use as appropriate, for such individuals
who are prescribed an opioid that—
‘‘(A) explains the risks and side effects associated
with opioid use (including the risks of addiction
and overdose) and the importance of adhering to
the prescribed treatment regimen, avoiding medica-
tions that may have an adverse interaction with
such opioid, and storing such opioid safely and se-
curely;
‘‘(B) highlights multimodal and evidence-based
non-opioid alternatives for pain management;
‘‘(C) encourages such individuals to talk to their
health care providers about such alternatives;
‘‘(D) provides for a method (through signature or
otherwise) for such an individual, or person acting
on such individual’s behalf, to acknowledge receipt
of such notification template;
‘‘(E) is worded in an easily understandable man-
ner and made available in multiple languages deter-
mined appropriate by the Secretary; and
‘‘(F) includes any other information determined
appropriate by the Secretary.
‘‘(5) Best practices for such hospital to track opioid
prescribing trends by practitioners furnishing items
and services at such hospital, including—
‘‘(A) ways for such hospital to establish target
levels, taking into account the specialties of such
practitioners and the geographic area in which such
hospital is located, with respect to opioids pre-
scribed by such practitioners;
‘‘(B) guidance on checking the medical records of
such individuals against information included in
prescription drug monitoring programs;
‘‘(C) strategies to reduce long-term opioid pre-
scriptions; and
‘‘(D) methods to identify such practitioners who
may be over-prescribing opioids.
‘‘(6) Other information the Secretary determines
appropriate, including any such information from the
Opioid Safety Initiative established by the Depart-
ment of Veterans Affairs or the Opioid Overdose Pre-
vention Toolkit published by the Substance Abuse
and Mental Health Services Administration.’’
ADVISORY COUNCIL TO STUDY COVERAGE OF DISABLED
UNDER THIS SUBCHAPTER
Pub. L. 90–248, title I, § 140, Jan. 2, 1968, 81 Stat. 854,
directed Secretary of Health, Education, and Welfare to
appoint an Advisory Council to study need for coverage
of disabled under the health insurance programs of this
subchapter, directed Council to submit a report on such
study to Secretary by Jan. 1, 1969, and directed Sec-
retary in turn to transmit such report to Congress, re-
sulting in termination of Council’s existence.
REIMBURSEMENT
OF
CHARGES
UNDER
PART
A
FOR
SERVICES
TO PATIENTS ADMITTED PRIOR
TO 1968 TO
CERTAIN HOSPITALS
Pub. L. 90–248, title I, § 142, Jan. 2, 1968, 81 Stat. 855,
provided that:
‘‘(a) Notwithstanding any provision of title XVIII of
the Social Security Act [42 U.S.C. 1395 et seq.], an indi-
vidual who is entitled to hospital insurance benefits
under section 226 of such Act [42 U.S.C. 426] may, sub-
ject to subsections (b) and (c), receive, on the basis of
an itemized bill, reimbursement for charges to him for
inpatient hospital services (as defined in section 1861 of
such Act [42 U.S.C. 1395x], but without regard to sub-
section (e) of such section) furnished by, or under ar-
rangements (as defined in section 1861(w) of such Act
[42 U.S.C. 1395x(w)]) with, a hospital if—
‘‘(1) the hospital did not have an agreement in ef-
fect under section 1866 of such Act [42 U.S.C. 1395cc]
but would have been eligible for payment under part
A of title XVIII of such Act [42 U.S.C. 1395c et seq.]
with respect to such services if at the time such serv-
ices were furnished the hospital had such an agree-
ment in effect;
‘‘(2) the hospital (A) meets the requirements of
paragraphs (5) and (7) of section 1861(e) of such Act [42
U.S.C. 1395x(e)(5), (7)], (B) is not primarily engaged in
providing
the
services
described
in
section
1961(j)(1)(A) of such Act [42 U.S.C. 1395x(j)(1)(A)], and
(C) is primarily engaged in providing, by or under the
supervision of individuals referred to in paragraph (1)
of section 1861(r) of such Act [42 U.S.C. 1395x(r)(1)], to
inpatients (i) diagnostic services and therapeutic
services for medical diagnosis, treatment, and care of
injured, disabled, or sick persons, or (ii) rehabilita-
tion services for the rehabilitation of injured, dis-
abled, or sick persons;
‘‘(3) the hospital did not meet the requirements
that must be met to permit payment to the hospital
under part A of title XVIII of such Act [42 U.S.C.
1395c et seq.]; and
‘‘(4) an application is filed (submitted in such form
and manner and by such person, and containing and
supported by such information, as the Secretary shall
by regulations prescribe) for reimbursement before
January 1, 1969.
‘‘(b) Payments under this section may not be made
for inpatient hospital services (as described in sub-
section (a)) furnished to an individual—
‘‘(1) prior to July 1, 1966,
‘‘(2) after December 31, 1967, unless furnished with
respect to an admission to the hospital prior to Janu-
ary 1, 1968, and
‘‘(3) for more than—
‘‘(A) 90 days in any spell of illness, but only if (i)
prior to January 1, 1969, the hospital furnishing
Page 2931
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1395d
such services entered into an agreement under sec-
tion 1866 of the Social Security Act [42 U.S.C.
1395cc] and (ii) the hospital’s plan for utilization re-
view, as provided for in section 1861(k) of such Act
[42 U.S.C. 1395x(k)], has, in accordance with section
1814 of such Act [42 U.S.C. 1395f], been applied to the
services furnished such individual, or
‘‘(B) 20 days in any spell of illness, if the hospital
did not meet the conditions of clauses (i) and (ii) of
subparagraph (A).
‘‘(c)(1) The amounts payable in accordance with sub-
section (a) with respect to inpatient hospital services
shall, subject to paragraph (2) of this subsection, be
paid from the Federal Hospital Insurance Trust Fund in
amounts equal to 60 percent of the hospital’s reason-
able charges for routine services furnished in the ac-
commodations occupied by the individual or in semi-
private accommodations (as defined in section 1861(v)(4)
of the Social Security Act [42 U.S.C. 1395x(v)(4)]) which-
ever is less, plus 80 percent of the hospital’s reasonable
charges for ancillary services. If separate charges for
routine and ancillary services are not made by the hos-
pital, reimbursement may be based on two-thirds of the
hospital’s reasonable charges for the services received
but not to exceed the charges which would have been
made if the patient had occupied semi-private accom-
modations (as so defined). For purposes of the pre-
ceding provisions of this paragraph, the term ‘routine
services’ shall mean the regular room, dietary, and
nursing services, minor medical and surgical supplies
and the use of equipment and facilities for which a sep-
arate charge is not customarily made; the term ‘ancil-
lary services’ shall mean those special services for
which charges are customarily made in addition to rou-
tine services.
‘‘(2) Before applying paragraph (1), payments made
under this section shall be reduced to the extent pro-
vided for under section 1813 of the Social Security Act
[42 U.S.C. 1395e] in the case of benefits payable to pro-
viders of services under part A of title XVIII of such
Act [42 U.S.C. 1395c et seq.].
‘‘(d) For the purposes of this section—
‘‘(1) the 90-day period, referred to in subsection
(b)(3)(A), shall be reduced by the number of days of
inpatient hospital services furnished to such indi-
vidual during the spell of illness, referred to therein,
and with respect to which he was entitled to have
payment made under part A of title XVIII of the So-
cial Security Act [42 U.S.C. 1395c et seq.];
‘‘(2) the 20-day period, referred to in subsection
(b)(3)(B) shall be reduced by the number of days in ex-
cess of 70 days of inpatient hospital services furnished
during the spell of illness, referred to therein, and
with respect to which such individual was entitled to
have payment made under such part A [42 U.S.C. 1395c
et seq.];
‘‘(3) the term ‘spell of illness’ shall have the mean-
ing assigned to it by subsection (a) of section 1861 of
such Act [42 U.S.C. 1395x(a)] except that the term ‘in-
patient hospital services’ as it appears in such sub-
section shall have the meaning assigned to it by sub-
section (a) of this section.’’
§ 1395d. Scope of benefits
(a) Entitlement to payment for inpatient hospital
services, post-hospital extended care serv-
ices, home health services, and hospice care
The benefits provided to an individual by the
insurance program under this part shall consist
of entitlement to have payment made on his be-
half or, in the case of payments referred to in
section 1395f(d)(2) of this title to him (subject to
the provisions of this part) for—
(1) inpatient hospital services or inpatient
critical access hospital services for up to 150
days during any spell of illness minus 1 day for
each day of such services in excess of 90 re-
ceived during any preceding spell of illness (if
such individual was entitled to have payment
for such services made under this part unless
he specifies in accordance with regulations of
the Secretary that he does not desire to have
such payment made);
(2)(A) post-hospital extended care services
for up to 100 days during any spell of illness,
and (B) to the extent provided in subsection
(f), extended care services that are not post-
hospital extended care services;
(3) in the case of individuals not enrolled in
part B, home health services, and in the case
of individuals so enrolled, post-institutional
home health services furnished during a home
health spell of illness for up to 100 visits dur-
ing such spell of illness;
(4) in lieu of certain other benefits, hospice
care with respect to the individual during up
to two periods of 90 days each and an unlim-
ited number of subsequent periods of 60 days
each with respect to which the individual
makes an election under subsection (d)(1); and
(5) for individuals who are terminally ill,
have not made an election under subsection
(d)(1), and have not previously received serv-
ices under this paragraph, services that are
furnished by a physician (as defined in section
1395x(r)(1) of this title) who is either the med-
ical director or an employee of a hospice pro-
gram and that—
(A) consist of—
(i) an evaluation of the individual’s need
for pain and symptom management, in-
cluding the individual’s need for hospice
care; and
(ii) counseling the individual with re-
spect to hospice care and other care op-
tions; and
(B) may include advising the individual re-
garding advanced care planning.
(b) Services not covered
Payment under this part for services furnished
an individual during a spell of illness may not
(subject to subsection (c)) be made for—
(1) inpatient hospital services furnished to
him during such spell after such services have
been furnished to him for 150 days during such
spell minus 1 day for each day of inpatient
hospital services in excess of 90 received dur-
ing any preceding spell of illness (if such indi-
vidual was entitled to have payment for such
services made under this part unless he speci-
fies in accordance with regulations of the Sec-
retary that he does not desire to have such
payment made);
(2) post-hospital extended care services fur-
nished to him during such spell after such
services have been furnished to him for 100
days during such spell; or
(3) inpatient psychiatric hospital services
furnished to him after such services have been
furnished to him for a total of 190 days during
his lifetime.
Payment under this part for post-institutional
home health services furnished an individual
during a home health spell of illness may not be
made for such services beginning after such
services have been furnished for a total of 100
visits during such spell.
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) 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
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1395b. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 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
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395b. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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.
**(a) Subsidy payment**
(1) **In general** — The Secretary shall provide in accordance with this subsection for payment to the sponsor of a qualified retiree prescription drug plan (as defined in paragraph (2)) of a special subsidy payment equal to the amount specified in paragraph (3) for each qualified covered retiree under the plan (as defined in paragraph (4)). This subsection constitutes budget authority in advance of appropriations Acts and represents the obligation of the Secretary to provide for the payment of amounts provided under this section.
(2) **Qualified retiree prescription drug plan defined** — For purposes of this subsection, the term “qualified retiree prescription drug plan” means employment-based retiree health coverage (as defined in subsection (c)(1)) if, with respect to a part D eligible individual who is a participant or beneficiary under such coverage, the following requirements are met:
(A) *Attestation of actuarial equivalence to standard coverage* — The sponsor of the plan provides the Secretary, annually or at such other time as the Secretary may require, with an attestation that the actuarial value of prescription drug coverage under the plan (as determined using the processes and methods described in [section 1395w–111(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395w–111/c&num=0&edition=prelim)) is at least equal to the actuarial value of standard prescription drug coverage, not taking into account the value of—
(i) for years prior to 2025, any discount or coverage provided during the gap in prescription drug coverage that occurs between the initial coverage limit under [section 1395w–102(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1395cc. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1395cc. Agreements with providers of services;
enrollment processes
(a) Filing of agreements; eligibility for payment;
charges with respect to items and services
(1) Any provider of services (except a fund des-
ignated for purposes of section 1395f(g) and sec-
tion 1395n(e) of this title) shall be qualified to
participate under this subchapter and shall be
eligible for payments under this subchapter if it
files with the Secretary an agreement—
(A)(i) not to charge, except as provided in
paragraph (2), any individual or any other per-
son for items or services for which such indi-
vidual is entitled to have payment made under
this subchapter (or for which he would be so
entitled if such provider of services had com-
plied with the procedural and other require-
ments under or pursuant to this subchapter or
for which such provider is paid pursuant to the
provisions of section 1395f(e) of this title), and
(ii) not to impose any charge that is prohib-
ited under section 1396a(n)(3) of this title,
(B) not to charge any individual or any other
person for items or services for which such in-
dividual is not entitled to have payment made
under this subchapter because payment for ex-
penses incurred for such items or services may
not be made by reason of the provisions of
paragraph (1) or (9) of section 1395y(a) of this
title, but only if (i) such individual was with-
out fault in incurring such expenses and (ii)
the Secretary’s determination that such pay-
ment may not be made for such items and
services was made after the third year fol-
lowing the year in which notice of such pay-
ment was sent to such individual; except that
the Secretary may reduce such three-year pe-
riod to not less than one year if he finds such
reduction is consistent with the o
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395cc. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Secretary shall establish a manufacturer discount program (in this section referred to as the “program”). Under the program, the Secretary shall enter into agreements described in subsection (b) with manufacturers and provide for the performance of the duties described in subsection (c).
**(b) Terms of agreement**
(1) **In general**
(A) *Agreement* — An agreement under this section shall require the manufacturer to provide, in accordance with this section, discounted prices for applicable drugs of the manufacturer that are dispensed to applicable beneficiaries on or after January 1, 2025.
(B) *Clarification* — Nothing in this section shall be construed as affecting—
(i) the application of a coinsurance of 25 percent of the negotiated price, as applied under paragraph (2)(A) of [section 1395w–102(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395w–102/b&num=0&edition=prelim), for costs described in such paragraph; or
(ii) the application of the copayment amount described in paragraph (4)(A) of such section, with respect to costs described in such paragraph.
(C) *Timing of agreement*
(i) *Special rule for 2025* — In order for an agreement with a manufacturer to be in effect under this section with respect to the period beginning on January 1, 2025, and ending on December 31, 2025, the manufacturer shall enter into such agreement not later than March 1, 2024.
(ii) *2026 and subsequent years* — In order for an agreement with a manufacturer to be in effect under this section with respect to plan year 2026 or a subsequent plan year, the manufacturer shall enter into such agreement not later than a calendar quarter or semi-annual deadline established by the Secretary.
(2)
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1395x. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1395x. Definitions
For purposes of this subchapter—
(a) Spell of illness
The term ‘‘spell of illness’’ with respect to any
individual means a period of consecutive days—
(1) beginning with the first day (not included
in a previous spell of illness) (A) on which such
individual is furnished inpatient hospital serv-
ices, inpatient critical access hospital services
or extended care services, and (B) which oc-
curs in a month for which he is entitled to
benefits under part A, and
(2) ending with the close of the first period
of 60 consecutive days thereafter on each of
which he is neither an inpatient of a hospital
or critical access hospital nor an inpatient of
a facility described in section 1395i–3(a)(1) of
this title or subsection (y)(1).
Page 3524
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1395x
(b) Inpatient hospital services
The term ‘‘inpatient hospital services’’ means
the following items and services furnished to an
inpatient of a hospital and (except as provided
in paragraph (3)) by the hospital—
(1) bed and board;
(2) such nursing services and other related
services, such use of hospital facilities, and
such medical social services as are ordinarily
furnished by the hospital for the care and
treatment of inpatients, and such drugs,
biologicals, supplies, appliances, and equip-
ment, for use in the hospital, as are ordinarily
furnished by such hospital for the care and
treatment of inpatients; and
(3) such other diagnostic or therapeutic
items or services, furnished by the hospital or
by others under arrangements with them made
by the hospital, as are ordinarily furnished to
inpatients either by such hospital or by others
under such arrangements;
excluding, however—
(4) medical or surgical services provided by a
physician, res
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395x. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Individuals over 65 years** Every individual who—
(1) has attained age 65, and
(2)
(A) is entitled to monthly insurance benefits under [section 402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402&num=0&edition=prelim), would be entitled to those benefits except that he has not filed an application therefor (or application has not been made for a benefit the entitlement to which for any individual is a condition of entitlement therefor), or would be entitled to such benefits but for the failure of another individual, who meets all the criteria of entitlement to monthly insurance benefits, to meet such criteria throughout a month, and, in conformity with regulations of the Secretary, files an application for hospital insurance benefits under part A of subchapter XVIII,
(B) is a qualified railroad retirement beneficiary, or
(C)
(i) would meet the requirements of subparagraph (A) upon filing application for the monthly insurance benefits involved if medicare qualified government employment (as defined in [section 410(p) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section410/p&num=0&edition=prelim)) were treated as employment (as defined in [section 410(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section410/a&num=0&edition=prelim)) for purposes of this subchapter, and (ii) files an application, in conformity with regulations of the Secretary, for hospital insurance benefits under part A of subchapter XVIII,
shall be entitled to hospital insurance benefits under part A of subchapter XVIII for each month for which he meets the condition specified in paragraph (2), beginning with the first month after June 1966 for which he meet
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 426. This identifies an authority to review, not proof of applicability.