42 U.S.C. § 1301 — Definitions

(a) When used in this chapter—

(1) “State^*,” unless another provision says otherwise, includes the District of Columbia and Puerto Rico. In subchapters IV, V, VII, XI, XIX, and XXI, it also includes the Virgin Islands and Guam. In subchapters III, IX, and XII, it also includes the Virgin Islands. In subchapter V and part B of this subchapter, it also includes American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. In subchapters XIX and XXI, it also includes the Northern Mariana Islands and American Samoa. For Puerto Rico, the Virgin Islands, and Guam, subchapters I, X, and XIV, and subchapter XVI as it operated without the amendment made by section 301 of the Social Security Amendments of 1972, continue to apply. In those subchapters, “State” includes Puerto Rico, the Virgin Islands, and Guam, but it does not include them in subchapter XVI as it operates under that amendment after December 31, 1973. In subchapter XX, “State” also includes the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. In subchapter IV, it also includes American Samoa.

(2) “United States,” when used geographically, means the States, unless another provision says otherwise.

(3) “Person” means an individual, trust or estate, partnership, or corporation.

(4) “Corporation” includes associations, joint-stock companies, and insurance companies.

(5) “Shareholder” includes a member of an association, joint-stock company, or insurance company.

(6) “Secretary^*,” unless the context requires something else, means the Secretary of Health and Human Services.

(7) “Physician,” “medical care,” and “hospitalization” include osteopathic practitioners, their services, and hospitals, within the scope of their practice as State law defines it.

(8)(A) For any State other than Puerto Rico, the Virgin Islands, and Guam, the “Federal percentage” is 100 percent minus the State percentage. The State percentage is the percentage that has the same ratio to 50 percent as that State’s per-capita income squared has to the per-capita income of the United States squared. The Federal percentage may not be below 50 percent or above 65 percent.

(B) For each State other than Puerto Rico, the Virgin Islands, and Guam, the Secretary must announce the Federal percentage between October 1 and November 30 each year. The Secretary must use each State’s and the United States’ average per-capita income for the three most recent calendar years for which the Department of Commerce has satisfactory data. The announced percentage is final for each of the four quarters beginning on the next October 1. However, after August 28, 1958, the Secretary must announce the percentages as soon as possible, and that announcement is final for each of the eleven quarters beginning October 1, 1958, and ending June 30, 1961.

(C) Only for subparagraphs (A) and (B), “United States” means the 50 States and the District of Columbia.

(D) Before satisfactory Department of Commerce data are available for a full year of Alaska’s per-capita income, announcements must set Alaska’s Federal percentage at 50 percent and must not include Alaska as part of the “United States” for those announcements. After that, but before three full years of Alaska data are available, announcements must use satisfactory Department of Commerce data for Alaska for the one full year available, or for two years when two years of data are available.

(9) “Shared health facility” means an arrangement in which—

(A) at least two health-care practitioners practice at the same physical location;

(B) the practitioners share (i) waiting areas, examining rooms, treatment^* rooms, or other space; (ii) supporting staff; or (iii) equipment;

(C) a person, who may be a practitioner, is in charge of, controls, manages, or supervises substantial parts of the arrangement or the operation for delivering health or medical services at that location, other than the practitioners’ direct professional care of their patients, or makes supporting staff available to the practitioners even though those staff are not their employees; and that person is paid, wholly or partly, for use of the location or related support services based on amounts charged or collected for services provided or ordered there, or on a basis clearly unrelated to the value of the services the person provides; and

(D) at least one practitioner received fee-for-service payments under subchapters XVIII and XIX exceeding $5,000 in any one month during the previous 12 months or exceeding $40,000 in total during those 12 months.

The term does not include a provider of services as defined in section 1395x(u) of this title, a health maintenance organization as defined in section 300e(a) of this title, a hospital cooperative shared-services organization meeting section 501(e) of the Internal Revenue Code of 1986, or a public entity.

(10) “Administration” means the Social Security Administration, unless the context requires otherwise.

(b) When “includes” or “including” appears in a definition in this chapter, it does not exclude other things that otherwise fit the defined term.

(c) If this chapter, another Act of Congress, or a State law requires or allows an employer to deduct an amount from an employee’s pay and pay the deducted amount to the United States, a State, or a political subdivision, then for this chapter the deducted amount is treated as paid to the employee when it was deducted.

(d) Nothing in this chapter authorizes a Federal official, agent, or representative, while carrying out this chapter, to take charge of a child over either parent’s objection or over the objection of the person acting in place of a parent.