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42 U.S.C. § 1395qCoverage period

submitted 91 years ago by Pub. L. 89-97 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,518 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section determines when medical-insurance coverage begins and ends. It sets different start dates for initial, general, automatic, and special enrollment, and adds rules for disability, immunosuppressive-drug coverage, and Postal Service annuitants and family members.

(a) Commencement. The period when a person is entitled to benefits under this part, called the person’s “coverage period,” begins on the latest of: (1) July 1, 1966, or, for a disabled person under 65, July 1, 1973; (2) the applicable date for enrollment under section 1395p(d) or (e): (A) if the person enrolls under section 1395p(d) before the month when the person first meets paragraph (1) or (2) of section 1395o(a), the first day of that month; (B) if the person first meets that paragraph before January 2023 and enrolls under section 1395p(d): (i) in that same month, the first day of the month after enrollment; (ii) in the following month, the first day of the second month after enrollment; or (iii) more than one month later, the first day of the third month after enrollment; (C) if the person first meets that paragraph on or after January 1, 2023, and enrolls under section 1395p(d) in that month or a later initial-period month, the first day of the month after enrollment; or (D) if the person enrolls under section 1395p(e): (i) for a month before January 1, 2023, July 1 after the enrollment month; or (ii) for a month on or after that date, the first day after the enrollment month; and (3) for a person treated as enrolled: (A) if so treated on or before the last day of the third initial-period month, the first day of the month when the person first meets section 1395o(a), or July 1, 1973, whichever is later; or (B) if so treated on or after the first day of the fourth initial-period month, the date under paragraph (2)(B)(i), (ii), (iii), or (D)(i) for a month before January 1, 2023, or under (C) or (D)(ii) for a later month. (b) Continuation. Coverage continues until enrollment ends because: (1) the person files notice of no longer wishing to participate; or (2) premiums are not paid. Ending under (1) normally takes effect at the close of the month after the notice month, except as section 1395v(e) provides. Ending for nonpayment takes effect on a regulatory date. Regulations may allow a grace period for overdue premiums, not exceeding 90 days, or 180 days if the Secretary finds good cause. If a person treated as enrolled under section 1395p(f) or (n)(3) files notice before the coverage month saying the person does not want enrollment, termination takes effect on the first day coverage would have started. If the person files notice in or after that month asking to end deemed coverage, termination takes effect at the close of the month after the notice month. (c) Termination. For a person meeting section 1395o(a)(1) whose part A entitlement is based on disability rather than age 65, coverage and enrollment under this part end at the close of the last month of part A entitlement. (d) Payment of expenses incurred during coverage period. This part may not pay expenses unless the person incurred them during that person’s coverage period. (e) Commencement of coverage for special enrollment periods. Despite (a), for a person enrolling under section 1395p(i)(3) or (i)(4)(B): (1) if enrollment is in a special-period month when the person is at any time enrolled in the plan specified in section 1395p(i)(3)(A) or (B), as applicable, or section 1395p(i)(4)(A)(i), or in the first month afterward, coverage starts the first day of the enrollment month, or at the person’s option the first day of any of the next three months; (2) in any other special-period month, coverage starts the first day after the enrollment month. (f) Commencement of coverage for certain volunteers serving outside United States. Despite (a), for a person enrolling under section 1395p(k), coverage starts the first day after the enrollment month. (g) Special enrollment periods for exceptional circumstances. Despite (a), for a person enrolling under section 1395p(m), coverage starts on the date the Secretary provides in a way consistent, as far as practicable, with protecting continuous health-benefit coverage. (h) Coverage period for individuals only eligible for coverage of immunosuppressive drugs. For a person described in section 1395o(b)(1): (1) if automatically enrolled in part B under section 1395p(n)(3), coverage starts the first day of the month when the person first meets section 1395o(b); (2) if enrolling or reenrolling under section 1395p(n)(2) or (4), coverage starts January 1, 2023, or the month after enrollment or reenrollment, whichever is later; (3) subsections (b) and (d) apply; (4) in addition to (b), coverage ends when the person becomes entitled under section 426(a) or (b), section 426–1, or is no longer eligible because of section 1395o(b)(2); and (5) the Secretary may conduct public education about the availability of more comprehensive individual health insurance coverage, as defined in section 300gg–91, for eligible people. (i) Coverage period for certain Postal Service annuitants and family members. Despite (a), for a person enrolling under section 1395p(o), coverage starts January 1, 2025.
the actual law source: uscode.house.gov ↗public domain
(a) Commencement

The period during which an individual is entitled to benefits under the insurance program established by this part (hereinafter referred to as his “coverage period”) shall begin on whichever of the following is the latest:

(1)

July 1, 1966, or (in the case of a disabled individual who has not attained age 65) July 1, 1973; or

(2)
(A)

in the case of an individual who enrolls pursuant to subsection (d) of section 1395p of this title before the month in which he first satisfies paragraph (1) or (2) of section 1395o(a) of this title, the first day of such month,

(B)

in the case of an individual who first satisfies such paragraph in a month beginning before January 2023 and who enrolls pursuant to such subsection (d)—

(i)

in such month in which he first satisfies such paragraph, the first day of the month following the month in which he so enrolls,

(ii)

in the month following such month in which he first satisfies such paragraph, the first day of the second month following the month in which he so enrolls, or

(iii)

more than one month following such month in which he satisfies such paragraph, the first day of the third month following the month in which he so enrolls,

(C)

in the case of an individual who first satisfies such paragraph in a month beginning on or after January 1, 2023, and who enrolls pursuant to such subsection (d) in such month in which he first satisfies such paragraph or in any subsequent month of his initial enrollment period, the first day of the month following the month in which he so enrolls, or

(D)

in the case of an individual who enrolls pursuant to subsection (e) of section 1395p of this title in a month beginning—

(i)

before January 1, 2023, the July 1 following the month in which he so enrolls; or

(ii)

on or after January 1, 2023, the first day of the month following the month in which he so enrolls; or

(3)

in the case of an individual who is deemed to have enrolled—

(A)

on or before the last day of the third month of his initial enrollment period, the first day of the month in which he first meets the applicable requirements of section 1395o(a) of this title or July 1, 1973, whichever is later, or

(B)

on or after the first day of the fourth month of his initial enrollment period, and where such month begins—

(i)

before January 1, 2023, as prescribed under subparagraphs (B)(i), (B)(ii), (B)(iii), and (D)(i) of paragraph (2), or

(ii)

on or after January 1, 2023, as prescribed under subparagraphs (C) and (D)(ii) of paragraph (2).

(b) Continuation

An individual’s coverage period shall continue until his enrollment has been terminated—

(1)

by the filing of notice that the individual no longer wishes to participate in the insurance program established by this part, or

(2)

for nonpayment of premiums.

The termination of a coverage period under paragraph (1) shall (except as otherwise provided in section 1395v(e) of this title) take effect at the close of the month following the month in which the notice is filed. The termination of a coverage period under paragraph (2) shall take effect on a date determined under regulations, which may be determined so as to provide a grace period in which overdue premiums may be paid and coverage continued. The grace period determined under the preceding sentence shall not exceed 90 days; except that it may be extended to not to exceed 180 days in any case where the Secretary determines that there was good cause for failure to pay the overdue premiums within such 90-day period.

Where an individual who is deemed to have enrolled for medical insurance pursuant to section 1395p(f) of this title or section 1395p(n)(3) of this title files a notice before the first day of the month in which his coverage period begins advising that he does not wish to be so enrolled, the termination of the coverage period resulting from such deemed enrollment shall take effect with the first day of the month the coverage would have been effective. Where an individual who is deemed enrolled for medical insurance benefits pursuant to section 1395p(f) of this title or section 1395p(n)(3) of this title files a notice requesting termination of his deemed coverage in or after the month in which such coverage becomes effective, the termination of such coverage shall take effect at the close of the month following the month in which the notice is filed.

(c) Termination

In the case of an individual satisfying paragraph (1) of section 1395o(a) of this title 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.

(d) Payment of expenses incurred during coverage period

No payments may be made under this part with respect to the expenses of an individual unless such expenses were incurred by such individual during a period which, with respect to him, is a coverage period.

(e) Commencement of coverage for special enrollment periods

Notwithstanding subsection (a), in the case of an individual who enrolls during a special enrollment period pursuant to section 1395p(i)(3) or 1395p(i)(4)(B) of this title—

(1)

in any month of the special enrollment period in which the individual is at any time enrolled in a plan (specified in subparagraph (A) or (B), as applicable, of section 1395p(i)(3) of this title or specified in section 1395p(i)(4)(A)(i) of this title) or in the first month following such a month, the coverage period shall begin on the first day of the month in which the individual so enrolls (or, at the option of the individual, on the first day of any of the following three months), or

(2)

in any other month of the special enrollment period, the coverage period shall begin on the first day of the month following the month in which the individual so enrolls.

(f) Commencement of coverage for certain volunteers serving outside United States

Notwithstanding subsection (a), in the case of an individual who enrolls during a special enrollment period pursuant to section 1395p(k) of this title, the coverage period shall begin on the first day of the month following the month in which the individual so enrolls.

(g) Special enrollment periods for exceptional circumstances

Notwithstanding subsection (a), in the case of an individual who enrolls during a special enrollment period pursuant to section 1395p(m) of this title, the coverage period shall begin on a date the Secretary provides in a manner consistent (to the extent practicable) with protecting continuity of health benefit coverage.

(h) Coverage period for individuals only eligible for coverage of immunosuppressive drugs

In the case of an individual described in section 1395o(b)(1) of this title, the following rules shall apply:

(1)

In the case of such an individual who is deemed to have enrolled in part B for coverage of immunosuppressive drugs under section 1395p(n)(3) of this title, such individual’s coverage period shall begin on the first day of the month in which the individual first satisfies section 1395o(b) of this title.

(2)

In the case of such an individual who enrolls (or reenrolls, if applicable) in part B for coverage of immunosuppressive drugs under paragraph (2) or (4) of section 1395p(n) of this title, such individual’s coverage period shall begin on January 1, 2023, or the month following the month in which the individual so enrolls (or reenrolls), whichever is later.

(3)

The provisions of subsections (b) and (d) shall apply with respect to an individual described in paragraph (1) or (2).

(4)

In addition to the reasons for termination under subsection (b), the coverage period of an individual described in paragraph (1) or (2) shall end when the individual becomes entitled to benefits under this subchapter under subsection (a) or (b) of section 426 of this title, or under section 426–1 of this title, or is no longer eligible for such coverage as a result of the application of section 1395o(b)(2) of this title.

(5)

The Secretary may conduct public education activities to raise awareness of the availability of more comprehensive, individual health insurance coverage (as defined in section 300gg–91 of this title) for individuals eligible under section 1395o(b) of this title to enroll or to be deemed enrolled in the medical insurance program established under this part for purposes of coverage of immunosuppressive drugs.

(i) Coverage period for certain Postal Service annuitants and family members

Notwithstanding subsection (a), in the case of an individual who enrolls during the special enrollment period pursuant to section 1395p(o) of this title, the coverage period shall begin on January 1, 2025.

Source credit: (Aug. 14, 1935, ch. 531, title XVIII, § 1838, as added Pub. L. 89–97, title I, § 102(a), July 30, 1965, 79 Stat. 305; amended Pub. L. 90–248, title I, § 145(c), Jan. 2, 1968, 81 Stat. 859; Pub. L. 92–603, title II, §§ 201(c)(3), 206(b), (c), 257(a), Oct. 30, 1972, 86 Stat. 1373, 1378, 1447; Pub. L. 96–499, title IX, §§ 945(c)(1), 947(b), Dec. 5, 1980, 94 Stat. 2642, 2643; Pub. L. 97–35, title XXI, §§ 2106(b)(2), 2151(a)(3), Aug. 13, 1981, 95 Stat. 792, 802; Pub. L. 98–369, div. B, title III, § 2338(c), July 18, 1984, 98 Stat. 1092; Pub. L. 99–272, title IX, § 9201(c)(2), Apr. 7, 1986, 100 Stat. 171; Pub. L. 99–509, title IX, § 9344(b)(1), Oct. 21, 1986, 100 Stat. 2042; Pub. L. 103–432, title I, § 147(f)(1)(B), Oct. 31, 1994, 108 Stat. 4430; Pub. L. 105–33, title IV, § 4581(b)(2), Aug. 5, 1997, 111 Stat. 465; Pub. L. 108–173, title VII, § 736(b)(6), Dec. 8, 2003, 117 Stat. 2356; Pub. L. 109–171, title V, § 5115(a)(2)(B), Feb. 8, 2006, 120 Stat. 46; Pub. L. 116–260, div. CC, title I, § 120(a)(1), (2)(B), title IV, § 402(a)(2)(B)(i), (c), Dec. 27, 2020, 134 Stat. 2953, 2954, 2999, 3000; Pub. L. 117–108, title I, § 101(b)(2)(B), Apr. 6, 2022, 136 Stat. 1136.)

history & why it existsrecord from the source credit
  • 1935Enacted · Pub. L. 89-97 · 79 Stat. 305
  • 1968Amended · Pub. L. 90-248 · 81 Stat. 859
  • 1972Amended · Pub. L. 92-603 · 86 Stat. 1373, 1378, 1447
  • 1980Amended · Pub. L. 96-499 · 94 Stat. 2642, 2643
  • 1981Amended · Pub. L. 97-35 · 95 Stat. 792, 802
  • 1984Amended · Pub. L. 98-369 · 98 Stat. 1092
  • 1986Amended · Pub. L. 99-272 · 100 Stat. 171
  • 1986Amended · Pub. L. 99-509 · 100 Stat. 2042
  • 1994Amended · Pub. L. 103-432 · 108 Stat. 4430
  • 1997Amended · Pub. L. 105-33 · 111 Stat. 465
  • 2003Amended · Pub. L. 108-173 · 117 Stat. 2356
  • 2006Amended · Pub. L. 109-171 · 120 Stat. 46
  • 2020Amended · Pub. L. 116-260 · 134 Stat. 2953, 2954, 2999, 3000
  • 2022Amended · Pub. L. 117-108 · 136 Stat. 1136

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-97 on 1935-08-14.

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