
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: 42USC426a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
  SUBCHAPTER II--FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE 
                                BENEFITS
 
Sec. 426a. Transitional provision on eligibility of uninsured 
        individuals for hospital insurance benefits
        

(a) Entitlement to benefits

    Anyone who--
        (1) has attained the age of 65,
        (2)(A) attained such age before 1968, or (B) has not less than 3 
    quarters of coverage (as defined in this subchapter or section 
    228e(l) of title 45), whenever acquired, for each calendar year 
    elapsing after 1966 and before the year in which he attained such 
    age,
        (3) is not, and upon filing application for monthly insurance 
    benefits under section 402 of this title would not be, entitled to 
    hospital insurance benefits under section 426 of this title, and is 
    not certifiable as a qualified railroad retirement beneficiary under 
    section 228s-2 of title 45,
        (4) is a resident of the United States (as defined in section 
    410(i) of this title), and is (A) a citizen of the United States or 
    (B) an alien lawfully admitted for permanent residence who has 
    resided in the United States (as so defined) continuously during the 
    5 years immediately preceding the month in which he files 
    application under this section, and
        (5) has filed an application under this section in such manner 
    and in accordance with such other requirements as may be prescribed 
    in regulations of the Secretary,

shall (subject to the limitations in this section) be deemed, solely for 
purposes of section 426 of this title, to be entitled to monthly 
insurance benefits under such section 402 for each month, beginning with 
the first month in which he meets the requirements of this subsection 
and ending with the month in which he dies, or, if earlier, the month 
before the month in which he becomes (or upon filing application for 
monthly insurance benefits under section 402 of this title would become) 
entitled to hospital insurance benefits under section 426 of this title 
or becomes certifiable as a qualified railroad retirement beneficiary. 
An individual who would have met the preceding requirements of this 
subsection in any month had he filed application under paragraph (5) 
hereof before the end of such month shall be deemed to have met such 
requirements in such month if he files such application before the end 
of the twelfth month following such month. No application under this 
section which is filed by an individual more than 3 months before the 
first month in which he meets the requirements of paragraphs (1), (2), 
(3), and (4) shall be accepted as an application for purposes of this 
section.

(b) Persons ineligible

    The provisions of subsection (a) of this section shall not apply to 
any individual who--
        (1) is, at the beginning of the first month in which he meets 
    the requirements of subsection (a), a member of any organization 
    referred to in section 410(a)(17) of this title,
        (2) has, prior to the beginning of such first month, been 
    convicted of any offense listed in section 402(u) of this title, or
        (3)(A) at the beginning of such first month is covered by an 
    enrollment in a health benefits plan under chapter 89 of title 5,
        (B) was so covered on February 16, 1965, or
        (C) could have been so covered for such first month if he or 
    some other person had availed himself of opportunities to enroll in 
    a health benefits plan under such chapter and to continue such 
    enrollment (but this subparagraph shall not apply unless he or such 
    other person was a Federal employee at any time after February 15, 
    1965).

Paragraph (3) shall not apply in the case of any individual for the 
month (or any month thereafter) in which coverage under such a health 
benefits plan ceases (or would have ceased if he had had such coverage) 
by reason of his or some other person's separation from Federal service, 
if he or such other person was not (or would not have been) eligible to 
continue such coverage after such separation.

(c) Authorization of appropriations

    There are authorized to be appropriated to the Federal Hospital 
Insurance Trust Fund (established by section 1395i of this title) from 
time to time such sums as the Secretary deems necessary for any fiscal 
year, on account of--
        (1) payments made or to be made during such fiscal year from 
    such Trust Fund under part A of subchapter XVIII of this chapter 
    with respect to individuals who are entitled to hospital insurance 
    benefits under section 426 of this title solely by reason of this 
    section,
        (2) the additional administrative expenses resulting or expected 
    to result therefrom, and
        (3) any loss in interest to such Trust Fund resulting from the 
    payment of such amounts,

in order to place such Trust Fund in the same position at the end of 
such fiscal year in which it would have been if the preceding 
subsections of this section had not been enacted.

(Pub. L. 89-97, title I, Sec. 103, July 30, 1965, 79 Stat. 333; Pub. L. 
90-248, title I, Sec. 139, title IV, Sec. 403(h), Jan. 2, 1968, 81 Stat. 
854, 932.)

                       References in Text

    Sections 228e(l) and 228s-2 of title 45, referred to in subsec. 
(a)(2), (3), are references to sections 5(l) and 21 of the Railroad 
Retirement Act of 1937. That Act was amended in its entirety and 
completely revised by Pub. L. 93-445, Oct. 16, 1974, 88 Stat. 1305. That 
Act, as thus amended and revised, was redesignated the Railroad 
Retirement Act of 1974, and is classified generally to subchapter IV 
(Sec. 231 et seq.) of chapter 9 of Title 45, Railroads. Sections 228e 
and 228s-2 of title 45 are covered by sections 231e and 231f of Title 
45, respectively.
    Part A of subchapter XVIII of this chapter, referred to in subsec. 
(c)(1), is classified to section 1395c et seq. of this title.

                          Codification

    Section was not enacted as part of the Social Security Act which 
comprises this chapter.


                               Amendments

    1968--Subsec. (a)(2)(B). Pub. L. 90-248, Sec. 139, substituted 
``1966'' for ``1965''.
    Subsec. (b)(3)(A), (C). Pub. L. 90-248, Sec. 403(h)(1), (2), 
substituted ``chapter 89 of title 5'' and ``such chapter'' for ``the 
Federal Employees Health Benefits Act of 1959'' and ``such Act'' in 
subpars. (A) and (C), respectively.

                  Section Referred to in Other Sections

    This section is referred to in sections 426, 1395i-2, 1395ff of this 
title.
