Pub. L. 117-328, div. FF, tit. IV, subtit. D, sec. 4138
REMEDYING ELECTION REVOCATIONS RELATING TO ADMINISTRATION OF COVID–19 VACCINES.
SEC. 4138. REMEDYING ELECTION REVOCATIONS RELATING TO ADMINISTRATION OF COVID–19 VACCINES.(a) In General.—Section 1821(b)(5)(A) of the Social Security Act (42 U.S.C. 1395i–5(b)(5)(A)) is amended—(1) in clause (i), by striking “or” or at the end; (2) in clause (ii), by striking the period at the end and inserting “, or”; and (3) by adding at the end the following new clause:“(iii) effective beginning on the date of the enactment of this clause, that is a COVID–19 vaccine and its administration described in section 1861(s)(10)(A).” . (b) Special Rules for COVID–19 Vaccines Relating to Revocation of Election.—Notwithstanding paragraphs (3) and (4) of section 1821(b) of the Social Security Act (42 U.S.C. 1395i–5(b)), in the case of an individual with a revocation of an election under such section prior to the date of enactment of this Act by reason of receiving a COVID–19 vaccine and its administration described in section 1861(s)(10)(A) of such Act (42 U.S.C. 1395x(s)(10)(A)), the following rules shall apply:(1) Beginning on such date of enactment, such individual may make an election under such section, which shall take effect immediately upon its execution, if such individual would be eligible to make such an election if they had not received such COVID–19 vaccine and its administration. (2) Such revoked election shall not be taken into account for purposes of determining the effective date for an election described in subparagraph (A) or (B) of such paragraph (4).136 STAT. 5926