
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1395i-2a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
        SUBCHAPTER XVIII--HEALTH INSURANCE FOR AGED AND DISABLED
 
        Part A--Hospital Insurance Benefits for Aged and Disabled
 
Sec. 1395i-2a. Hospital insurance benefits for disabled 
        individuals who have exhausted other entitlement
        

(a) Eligibility

    Every individual who--
        (1) has not attained the age of 65;
        (2)(A) has been entitled to benefits under this part under 
    section 426(b) of this title, and
        (B)(i) continues to have the disabling physical or mental 
    impairment on the basis of which the individual was found to be 
    under a disability or to be a disabled qualified railroad retirement 
    beneficiary, or (ii) is blind (within the meaning of section 
    416(i)(1) of this title), but
        (C) whose entitlement under section 426(b) of this title ends 
    due solely to the individual having earnings that exceed the 
    substantial gainful activity amount (as defined in section 423(d)(4) 
    of this title); and
        (3) is not otherwise entitled to benefits under this part,

shall be eligible to enroll in the insurance program established by this 
part.

(b) Enrollment

    (1) An individual may enroll under this section only in such manner 
and form as may be prescribed in regulations, and only during an 
enrollment period prescribed in or under this section.
    (2) The individual's initial enrollment period shall begin with the 
month in which the individual receives notice that the individual's 
entitlement to benefits under section 426(b) of this title will end due 
solely to the individual having earnings that exceed the substantial 
gainful activity amount (as defined in section 423(d)(4) of this title 
and shall end 7 months later.
    (3) There shall be a general enrollment period during the period 
beginning on January 1 and ending on March 31 of each year (beginning 
with 1990).

(c) Coverage period

    (1) The period (in this subsection referred to as a ``coverage 
period'') during which an individual is entitled to benefits under the 
insurance program under this part shall begin on whichever of the 
following is the latest:
        (A) In the case of an individual who enrolls under subsection 
    (b)(2) of this section before the month in which the individual 
    first satisfies subsection (a) of this section, the first day of 
    such month.
        (B) In the case of an individual who enrolls under subsection 
    (b)(2) of this section in the month in which the individual first 
    satisfies subsection (a) of this section, the first day of the month 
    following the month in which the individual so enrolls.
        (C) In the case of an individual who enrolls under subsection 
    (b)(2) of this section in the month following the month in which the 
    individual first satisfies subsection (a) of this section, the first 
    day of the second month following the month in which the individual 
    so enrolls.
        (D) In the case of an individual who enrolls under subsection 
    (b)(2) of this section more than one month following the month in 
    which the individual first satisfies subsection (a) of this section, 
    the first day of the third month following the month in which the 
    individual so enrolls.
        (E) In the case of an individual who enrolls under subsection 
    (b)(3) of this section, the July 1 following the month in which the 
    individual so enrolls.

    (2) An individual's coverage period under this section shall 
continue until the individual's enrollment is terminated as follows:
        (A) As of the month following the month in which the Secretary 
    provides notice to the individual that the individual no longer 
    meets the condition described in subsection (a)(2)(B) of this 
    section.
        (B) As of the month following the month in which the individual 
    files notice that the individual no longer wishes to participate in 
    the insurance program established by this part.
        (C) As of the month before the first month in which the 
    individual becomes eligible for hospital insurance benefits under 
    section 426(a) or 426-1 of this title.
        (D) As of a date, determined under regulations of the Secretary, 
    for nonpayment of premiums.

The regulations under subparagraph (D) may provide a grace period of not 
longer than 90 days, which 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. 
Termination of coverage under this section shall result in simultaneous 
termination of any coverage affected under any other part of this 
subchapter.
    (3) The provisions of subsections (h) and (i) of section 1395p of 
this title apply to enrollment and nonenrollment under this section in 
the same manner as they apply to enrollment and nonenrollment and 
special enrollment periods under section 1395i-2 of this title.

(d) Payment of premiums

    (1)(A) Premiums for enrollment under this section shall be paid to 
the Secretary at such times, and in such manner, as the Secretary shall 
by regulations prescribe, and shall be deposited in the Treasury to the 
credit of the Federal Hospital Insurance Trust Fund.
    (B)(i) Subject to clause (ii), such premiums shall be payable for 
the period commencing with the first month of an individual's coverage 
period and ending with the month in which the individual dies or, if 
earlier, in which the individual's coverage period terminates.
    (ii) Such premiums shall not be payable for any month in which the 
individual is eligible for benefits under this part pursuant to section 
426(b) of this title.
    (2) The provisions of subsections (d) through (f) of section 1395i-2 
of this title (relating to premiums) shall apply to individuals enrolled 
under this section in the same manner as they apply to individuals 
enrolled under that section.

(Aug. 14, 1935, ch. 531, title XVIII, Sec. 1818A, as added Pub. L. 101-
239, title VI, Sec. 6012(a)(2), Dec. 19, 1989, 103 Stat. 2161; amended 
Pub. L. 101-508, title IV, Sec. 4008(m)(3)(C), Nov. 5, 1990, 104 Stat. 
1388-54.)


                               Amendments

    1990--Subsec. (d)(1)(A). Pub. L. 101-508, Sec. 4008(m)(3)(C)(i), 
inserted ``for enrollment under this section'' after ``Premiums''.
    Subsec. (d)(1)(C). Pub. L. 101-508, Sec. 4008(m)(3)(C)(ii), struck 
out subpar. (C) which read as follows: ``For purposes of applying 
section 1395r(g) of this title and section 59B(f)(1)(B)(i) of the 
Internal Revenue Code of 1986, any reference to section 1395i-2 of this 
title shall be deemed to include a reference to this section.''


                             Effective Date

    Section 6012(b) of Pub. L. 101-239 provided that: ``The amendments 
made by this section [enacting this section and amending section 1395i-2 
of this title] shall take effect on the date of the enactment of this 
Act [Dec. 19, 1989], but shall not apply so as to provide for coverage 
under part A of title XVIII of the Social Security Act [this part] for 
any month before July 1990.''
