Pub. L. 92-603, tit. II, sec. 201

coverage for disability beneficiaries under medicare

EnactedYear: 1972Length: 2,179 wordsOfficial source
coverage for disability beneficiaries under medicare Sec. 201. (a) (1) (A) The heading of title XVIII of the Social Security Act is amended to read as follows: “TITLE XVIII—HEALTH INSURANCE FOR THE AGED AND DISABLED”. (B) The heading of part A of such title is amended to read as follows: “Part A—Hospital Insurance Benefits for the Aged and Disabled”. (C) The heading of part B of such title is amended to read as follows: 86 Stat. 1371 “Part B—Supplementary Medical Insurance Benefits for the Aged and Disabled”. (2) The text of section 1811 of such Act is amended to read as follows: “Sec. 1811. The insurance program for which entitlement is established by section 226 provides basic protection against the costs of hospital and related posthospital services in accordance with this part for (1) individuals who are age 65 or over and are entitled to retirement benefits under title II of this Act or under the railroad retirement system and (2) individuals under age 65 who have been entitled for not less than 24 consecutive months to benefits under title II of this Act or under the railroad retirement system on the basis of a disability.” (3) Section 1831 of such Act is amended— (A) by inserting “and the disabled” after “aged” in the heading, and (B) by striking out “individuals 65 years of age or over” and inserting in lieu thereof “aged and disabled individuals”. (b) (1) Section 226(a) of such Act is amended to read as follows: “(a) (1) Every individual who— “(A) has attained age 65, and “(B) is entitled to monthly insurance benefits under section 202 or is a qualified railroad retirement beneficiary, shall be entitled to hospital insurance benefits under part A of title XVIII for each month for which he meets the condition specified in subparagraph (B), beginning with the first month after June 1966 for which he meets the conditions specified in subparagraphs (A) and (B). “(b) Every individual who— “(1) has not attained age 65, and “(2) (A) is entitled to, and has for 24 consecutive calendar months been entitled to, (i) disability insurance benefits under section 223 or (ii) child’s insurance benefits under section 202(d) by reason of a disability (as defined in section 223(d)) or (iii) widow’s insurance benefits under section 202(e) or widower’s insurance benefits under section 202(f) by reason of a disability (as defined in section 223(d)), or (B) is, and has been for not less than 24 consecutive months a disabled qualified railroad retirement beneficiary, within the meaning of section 22 of the Railroad Retirement Act of 1937, shall be entitled to hospital insurance benefits under part (A) of title XVIII for each month beginning with the later of (I) July 1973 or (II) the twenty-fifth consecutive month of his entitlement or status as a qualified railroad retirement beneficiary described in paragraph (2), and ending with the month following the month in which notice of termination of such entitlement to benefits or status as a qualified railroad retirement beneficiary described in paragraph (2) is mailed to him, or if earlier, with the month before the month in which he attains age 65.” (2) Section 226(b) of such Act is amended by striking out “occurred after June 30, 1966, or on or after the first day of the month in which he attains age 65, whichever is later” and inserting in lieu thereof “occurred (i) after June 30, 1966, or on or after the first day of the month in which he attains age 65, whichever is later, or (ii) if he was entitled to hospital insurance benefits pursuant to subsection (b), at a time when he was so entitled”. (3) Section 226(b) (2) of such Act is amended by striking out “an individual shall be deemed entitled to monthly insurance benefits under section 202,” and inserting in lieu thereof “an individual shall be 86 Stat. 1372deemed entitled to monthly insurance benefits under section 202 or section 223,”. (4) Section 226(c) of such Act is amended by inserting “or section 22” after “section 21” wherever it appeal’s. (5) Section 226 of such Act is further amended by redesignating subsection (b) as subsection (c), subsection (c) as subsection (d), and subsection (d) as subsection (f), and by inserting after subsection (d) the following new subsection: “(e) (1) For purposes of determining entitlement to hospital insurance benefits under subsection (b) in the, case of widows and widowers described in paragraph (2) (A) (iii) thereof— “(A) the term ‘age 60’ in sections 202(e) (1) (B) (ii) and 202(e) (5), and the term ‘age 62’ in sections 202(f) (1) (B) (ii), and 202 (f) (6) shall be deemed to read ‘age 65’; and “(B) the phrase ‘before she attained age 60’ in the matter following subparagraph (F) of section 202 (e) (1) shall be deemed to read ‘based on a disability’. “(2) For purposes of determining entitlement to hospital insurance benefits under subsection (a) (2) in the case of an individual under age 65 who is entitled to benefits under section 202, and who was entitled to widow’s insurance benefits or widower’s insurance benefits based on disability for the month before the first month in which such individual was so entitled to old-age insurance benefits (but ceased to be entitled to such widow’s or widower’s insurance benefits upon becoming entitled to such old-age insurance benefits), such individual shall be deemed to have continued to be entitled to such widow’s insurance benefits or widower’s insurance benefits for and after such first month. “(3) For purposes of determining entitlement to hospital insurance benefits under subsection (a)(2) any disabled widow age 50 or older who is entitled to mother’s insurance benefits (and who would have been entitled to widow’s insurance benefits by reason of disability if she had filed for such widow’s benefits) shall, upon application, for such hospital insurance benefits be deemed to have filed for such widow’s benefits and shall, upon furnishing proof of such disability prior to July 1, 1974, under such procedures as the Secretary may prescribe, be deemed to have been entitled to such widow’s benefits as of the time she would have been entitled to such widow’s benefits if she bad filed a timely application therefor.” (c) (1) Section 1836 of such Act is amended to read as follows: “eligible individuate “Sec. 1836. 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 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 part, is eligible to enroll in the insurance program established by this part.” (2) (A) The first sentence of section 1837 (c) of such Act is amended by striking out “paragraphs (1) and (2)” and inserting in lieu thereof “paragraph (1) or (2)”. (B) The second sentence of section 1837(c) of such Act is amended to read as follows: “For purposes of this subsection and subsection (d), an individual who has attained age 65 and who satisfies paragraph (1) of section 1836 but not paragraph (2) of such section shall be treated as satisfying such paragraph (1) on the first day on which he is (or on filing application would have been) entitled to hospital insurance benefits under part A.” 86 Stat. 1373 (C) The first sentence of 1837(d) of such Act is amended by striking out “paragraphs (1) and (2)” and inserting in lieu thereof “paragraph (1) or (2)”. (3) (A) Section 1838(a) of such Act is amended by striking out “July 1, 1966” in paragraph (1) and inserting in lieu thereof “July 1, 1966 or (in the case of a disabled individual who has not attained age 65) July 1, 1973”. (B) Section 1838(a) of such Act is further amended— (i) by striking out “paragraphs (1) and (2)” in paragraph (2) (A) and inserting in lieu thereof “paragraph (1) or (2)”; and (ii) by striking out “such paragraphs” in subparagraphs (B), (C), and (D) and inserting in lieu thereof “such paragraph”. (C) Section 1838 of such Act is further amended by redesignating subsection (c) as subsection (d), and by inserting after subsection (b) the following new subsection: “(c) In the case of an individual satisfying paragraph (1) of section 1836 whose entitlement to hospital insurance benefits under part A is based on a disability rather than on his having attained the age of 65, his coverage period (and his enrollment under this part) shall be terminated as of the close of the last month for which he is entitled to hospital insurance benefits.” (4) Section 1839(c) of such Act is amended— (A) by inserting “(in the same continuous period of eligibility)” after “for each full 12 months”; and (B) by adding at the end thereof the following new sentence: “Any increase in an individual’s monthly premium under the first sentence of this subsection with respect to a particular continuous period of eligibility shall not be applicable with respect to any other continuous period of eligibility which such individual may have.” (5) Section 1839 of such Act is further amended by adding at the end thereof the following new subsection: “(e) For purposes of subsection (c) (and section 1837(g) (1)), an individual’s ‘continuous period of eligibility’ is the period beginning with the first day on which he is eligible to enroll under section 1836 and ending with his death; except that any period during all of which an individual satisfied paragraph (i) of section 1836 and which terminated in or before the month preceding the month in which he attained age 65 shall be a separate ‘continuous period of eligibility’ with respect to such individual (and each such period which terminates shall he deemed not to have existed for purposes of subsequently applying this section).” (6) (A) Section 1840(a) (1) of such Act is amended by striking out “section 202” and inserting in lieu thereof “section 202 or 223”. (B) Section 1840(a)(2) of such Act is amended by striking out “section 202” and inserting in lieu thereof “section 202 or 223”. (7) Section 1875(a) of such Act is amended by striking out “aged” and inserting in lieu thereof “aged and the disabled”. (d) The Railroad Retirement Act of 1937 is amended by adding after section 21 the following new section: “hospital insurance benefits for the disabled “Sec. 22. Individuals under age 65— “(1) who have been entitled to annuities for not less than 24 consecutive months during each of which the first proviso of section 3(e) could have applied on the basis of an application which has been filed under paragraph 4 or 5 of section 2(a), and are currently entitled to such annuities, or who are entitled to annui-86 Stat. 1374 ties under paragraph 2 or 3 of section 2 (a) and could have been paid annuities for not less than 24 consecutive months under section 223 of the Social Security Act if their service as employees were included in the term ‘employment’ as defined in that Act, or “(2) who have been entitled to annuities under section 5(a) on the basis of disability, or could have been so entitled had they not been entitled on the basis of age or had they not been entitled under section 5(b) on the basis of having the custody of children, for not less than 24 consecutive months during each of which the first proviso of section 3(e) could have been applied on the basis of disability if an application for disability benefits had been filed, or “(3) who have been entitled to annuities for not less than 24 consecutive months under section 5(c) on the basis of a disability (within the meaning of section 5(1) (1) (ii)) or who could have been includible as disabled children for not less than 24 consecutive months in the computation of an annuity under the first proviso in section 3(e) and could currently be includible in such a computation, shall be certified by the Board in the same manner, for the same purposes, and subject to the same conditions, restrictions, and other provisions as individuals specifically described in section 21, and also subject to the same conditions, restrictions, and other provisions as are disability beneficiaries under title II of the Social Security Act in connection with their eligibility for hospital insurance benefits under part A of title XVIII of such Act and their eligibility to enroll under part B of such title XVIII: and for the purposes of this Act and title XVIII of the Social Security Act, individuals certified as provided in this section shall be considered individuals described in and certified under such section 21. Notwithstanding the other provisions of this section it shall not apply to any individual who could not be taken into account on the basis of disability in calculating the annuity under the first proviso of section 3(e) without regard to’ the second paragraph of such section.”
Pub. L. 92-603, tit. II, sec. 201: coverage for disability beneficiaries under medicare | Justis AI