1 See References in Text note below.
of the Patient Protection and Affordable Care Act of 2009, and such amounts as may be deposited in, or appropriated to, the Medicare Prescription Drug Account established by
2 So in original. See 2003 Amendment note below.
Editorial Notes
References in Text

Section 9008(c) of the Patient Protection and Affordable Care Act of 2009, referred to in subsec. (a), probably means section 9008(c) of Puspan. L. 111–148, known as the Patient Protection and Affordable Care Act, which is set out as a note preceding section 4001 of Title 26, Internal Revenue Code.

Section 801(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, referred to in subsec. (span)(2), is section 801(a) of Puspan. L. 108–173, which is set out as a note under section 1395i of this title.

Amendments

2010—Subsec. (a). Puspan. L. 111–148 inserted “or section 9008(c) of the Patient Protection and Affordable Care Act of 2009” after “this part”.

2003—Subsec. (a). Puspan. L. 108–173, § 105(d)(1), inserted “or the Transitional Assistance Account established by section 1395w–141(k)(1) of this title” after “section 1395w–116 of this title”.

Puspan. L. 108–173, § 101(e)(3)(C)(i), substituted “section 401(i)(1) of this title,” for “section 401(i)(1) of this title, and” and inserted “, and such amounts as may be deposited in, or appropriated to, the Medicare Prescription Drug Account established by section 1395w–116 of this title” before period at end.

Subsec. (span). Puspan. L. 108–173, § 900(e)(1)(E), in introductory provisions, substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration” and, in concluding provisions, substituted “Chief Actuary of the Centers for Medicare & Medicaid Services” for “Chief Actuarial Officer of the Health Care Financing Administration”.

Subsec. (span)(2). Puspan. L. 108–173, § 801(d)(2), inserted at end “Each report provided under paragraph (2) beginning with the report in 2005 shall include the information specified in section 801(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.”

Subsec. (g). Puspan. L. 108–173, § 105(d)(2), inserted at end “The payments provided for under section 1395w–141(k)(2) of this title shall be made from the Transitional Assistance Account in the Trust Fund.”

Puspan. L. 108–173, § 101(e)(3)(C)(ii), inserted at end “The payments provided for under part D, other than under section 1395w–141(k)(2) of this title, shall be made from the Medicare Prescription Drug Account in the Trust Fund.”

Subsec. (h). Puspan. L. 108–173, § 101(e)(3)(C)(iii), inserted “or pursuant to section 1395w–113(c)(1) or 1395w–24(d)(2)(A) of this title (in which case payments shall be made in appropriate part from the Medicare Prescription Drug Account in the Trust Fund)” after “section 1395s(d) of this title”.

Subsec. (i). Puspan. L. 108–173, § 101(e)(3)(C)(iv), inserted “and pursuant to sections 1395w–113(c)(1) and 1395w–24(d)(2)(A) of this title (in which case payments shall be made in appropriate part from the Medicare Prescription Drug Account in the Trust Fund)” after “section 1395u(g) of this title”.

1994—Subsec. (span). Puspan. L. 103–296 inserted “the Commissioner of Social Security,” after “composed of” in introductory provisions.

1989—Subsecs. (a), (span). Puspan. L. 101–234 repealed Puspan. L. 100–360, § 212(span)(2), (c)(4), and provided that the provisions of law amended or repealed by such section are restored or revised as if such section had not been enacted, see 1988 Amendment notes below.

1988—Subsec. (a). Puspan. L. 100–360, § 212(span)(2), inserted three sentences at end providing for transfer of supplemental catastrophic coverage premiums into the Federal Supplementary Medical Insurance Trust Fund.

Subsec. (span). Puspan. L. 100–647 inserted after first sentence “A member of the Board of Trustees serving as a member of the public and nominated and confirmed to fill a vacancy occurring during a term shall be nominated and confirmed only for the remainder of such term. An individual nominated and confirmed as a member of the public may serve in such position after the expiration of such member’s term until the earlier of the time at which the member’s successor takes office or the time at which a report of the Board is first issued under paragraph (2) after the expiration of the member’s term.”

Puspan. L. 100–360, § 212(c)(4), inserted after sixth sentence “Such report shall also identify (and treat separately) those receipts and outlays in the Trust Fund which are also receipts and outlays in the Medicare Catastrophic Coverage Account created under section 1395t–2 of this title.”

1986—Subsec. (span). Puspan. L. 99–272 struck out provision at end of penultimate sentence that the certification shall not refer to economic assumptions underlying Trustee’s report.

1984—Subsec. (c). Puspan. L. 98–369, § 2354(span)(2), substituted “under chapter 31 of title 31” for “under the Second Liberty Bond Act, as amended”.

Subsecs. (f), (g). Puspan. L. 98–369, § 2663(j)(2)(F)(iii), substituted “Health and Human Services” for “Health, Education, and Welfare” wherever appearing.

Subsec. (h). Puspan. L. 98–369, § 2663(j)(2)(F)(iii), substituted “Health and Human Services” for “Health, Education, and Welfare”.

Puspan. L. 98–369, § 2354(span)(11), substituted “Director of the Office of Personnel Management” for “Civil Service Commission” in two places.

Puspan. L. 98–369, § 2354(span)(12), substituted “the Director” for “it”.

Subsec. (i). Puspan. L. 98–369, § 2663(j)(2)(F)(iii), substituted “Health and Human Services” for “Health, Education, and Welfare”.

1983—Subsec. (span). Puspan. L. 98–21, § 341(c)(1), substituted “Secretary of Health and Human Services, all ex officio, and of two members of the public (both of whom may not be from the same political party), who shall be nominated by the President for a term of four years and subject to confirmation by the Senate” for “Secretary of Health, Education, and Welfare, all ex officio” in provisions preceding par. (1).

Puspan. L. 98–21, § 154(c), inserted at end provision that the report referred to in par. (2) shall also include an actuarial opinion by the Chief Actuarial Officer of the Health Care Financing Administration certifying that the techniques and methodologies used are generally accepted within the actuarial profession and that the assumptions and cost estimates used are reasonable, and provided further that the certification shall not refer to economic assumptions underlying the Trustee’s report.

Puspan. L. 98–21, § 341(c)(2), inserted at end provision that a person serving on the Board of Trustees shall not be considered to be a fiduciary and shall not be personally liable for actions taken in such capacity with respect to the Trust Fund.

1978—Subsec. (span). Puspan. L. 95–292 substituted “Administrator of the Health Care Financing Administration” for “Commissioner of Social Security” in provisions preceding par. (1).

1972—Subsec. (a). Puspan. L. 92–603, § 132(e), inserted “such gifts and bequests as may be made as provided in section 401(i)(1) of this title, and” after “consist of” and before “such amounts”.

Subsec. (h). Puspan. L. 92–603, § 263(d)(4), substituted “1395s(d)” for “1395s(e)”.

Subsec. (i). Puspan. L. 92–603, § 263(e), added subsec. (i).

1968—Subsec. (span)(2). Puspan. L. 90–248 substituted “April” for “March”.

Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Puspan. L. 103–296, set out as a note under section 401 of this title.

Effective Date of 1989 Amendment

Amendment by Puspan. L. 101–234 effective Jan. 1, 1990, see section 202(span) of Puspan. L. 101–234, set out as a note under section 401 of this title.

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–647 applicable to members of Board of Trustees of Federal Supplementary Medical Insurance Trust Fund serving on such Board as members of the public on or after Nov. 10, 1988, see section 8005(span) of Puspan. L. 100–647, set out as a note under section 401 of this title.

Effective Date of 1984 Amendment

Amendment by section 2354(span)(2), (11), (12) of Puspan. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2354(e)(1) of Puspan. L. 98–369, set out as a note under section 1320a–1 of this title.

Amendment by section 2663(j)(2)(F)(iii) of Puspan. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(span) of Puspan. L. 98–369, set out as a note under section 401 of this title.

Effective Date of 1983 Amendment

Amendment by sections 154(c) and 341(c) of Puspan. L. 98–21 effective Apr. 20, 1983, see sections 154(e) and 341(d) of Puspan. L. 98–21, set out as notes under section 401 of this title.

Effective Date of 1978 Amendment

Amendment by Puspan. L. 95–292 effective with respect to services, supplies, and equipment furnished after the third calendar month beginning after June 13, 1978, except that provisions for the implementation of an incentive reimbursement system for dialysis services furnished in facilities and providers to become effective with respect to a facility’s or provider’s first accounting period beginning after the last day of the twelfth month following the month of June 1978, and except that provisions for reimbursement rates for home dialysis to become effective Apr. 1, 1979, see section 6 of Puspan. L. 95–292, set out as a note under section 426 of this title.

Effective Date of 1972 Amendment

Amendment by section 132(e) of Puspan. L. 92–603 applicable with respect to gifts and bequests received after Oct. 30, 1972, see section 132(f) of Puspan. L. 92–603, set out as a note under section 401 of this title.

Amendment by section 263(d)(4), (e) of Puspan. L. 92–603 with respect to collection of premiums applicable to premiums becoming due and payable after the fourth month following the month of enactment of Puspan. L. 92–603 which was approved on Oct. 30, 1972, see section 263(f) of Puspan. L. 92–603, set out as a note under section 1395s of this title.

Disposal of Funds in Federal Hospital Insurance Catastrophic Coverage Reserve Fund

Puspan. L. 101–234, title I, § 102(c), Dec. 13, 1989, 103 Stat. 1981, provided that:

“Any balance in the Federal Hospital Insurance Catastrophic Coverage Reserve Fund (created under section 1817A(a) of the Social Security Act [former 42 U.S.C. 1395i–1a(a)], as inserted by section 112(a) of MCCA [Puspan. L. 100–360]) as of January 1, 1990, shall be transferred into the Federal Supplementary Medical Insurance Trust Fund and any amounts payable due to overpayments into such Trust Fund shall be payable from the Federal Supplementary Medical Insurance Trust Fund.”

Due Date for 1983 Report on Operation and Status of Trust Fund

Notwithstanding subsec. (span)(2) of this section, the annual report of the Board of Trustees of the Trust Fund required for calendar year 1983 under this section may be filed at any time not later than forty-five days after Apr. 20, 1983, see section 154(d) of Puspan. L. 98–21, set out as a note under section 401 of this title.