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NOTES:
Source
(Aug. 14, 1935, ch. 531, title XVIII, § 1859, as added Pub. L. 105–33, title IV, § 4001, Aug. 5, 1997, 111 Stat. 325; amended Pub. L. 106–113, div. B, § 1000(a)(6) [title V, § 523], Nov. 29, 1999, 113 Stat. 1536, 1501A–387; Pub. L. 108–173, title II, §§ 221(b)(1), (d)(2),
231
(b), (c), Dec. 8, 2003, 117 Stat. 2180, 2193, 2207, 2208; Pub. L. 110–173, title I, § 108(a), Dec. 29, 2007, 121 Stat. 2496.)
References in Text
Parts A and B of this subchapter, referred to in subsec. (b)(3)(A), are classified to section
1395c et seq. and section
1395j et seq., respectively, of this title.
The Internal Revenue Code of 1986, referred to in subsec. (e)(3)(A), is classified generally to Title 26, Internal Revenue Code.
Amendments
2007—Subsec. (f). Pub. L. 110–173 substituted “2010” for “2009”.
2003—Subsec. (b)(4), (5). Pub. L. 108–173, § 221(b)(1), added pars. (4) and (5).
Subsec. (b)(6). Pub. L. 108–173, § 231(b), added par. (6).
Subsec. (c)(5). Pub. L. 108–173, § 221(d)(2), added par. (5).
Subsec. (f). Pub. L. 108–173, § 231(c), added subsec. (f).
1999—Subsec. (e)(2). Pub. L. 106–113 substituted “section
1395w–21
(a)(2) of this title” for “section
1395w–21
(a)(2)(A) of this title” in introductory provisions.
Change of Name
References to Medicare+Choice deemed to refer to Medicare Advantage or MA, subject to an appropriate transition provided by the Secretary of Health and Human Services in the use of those terms, see section 201 of Pub. L. 108–173, set out as a note under section
1395w–21 of this title.
Effective Date of 2003 Amendment
Amendment by section 221(b)(1), (d)(2) of Pub. L. 108–173 applicable with respect to plan years beginning on or after Jan. 1, 2006, see section 223(a) of Pub. L. 108–173, set out as a note under section
1395w–21 of this title.
Amendment by section 231(b), (c) of Pub. L. 108–173 effective Dec. 8, 2003, see section 231(f)(1) of Pub. L. 108–173, set out as a note under section
1395w–21 of this title.
Regulations
Pub. L. 108–173, title II, § 231(f)(2), Dec. 8, 2003, 117 Stat. 2208, provided that: “No later than 1 year after the date of the enactment of this Act [Dec. 8, 2003], the Secretary [of Health and Human Services] shall issue final regulations to establish requirements for special needs individuals under section 1859(b)(6)(B)(iii) of the Social Security Act [subsec. (b)(6)(B)(iii) of this section], as added by subsection (b).”
Authority To Designate Other Plans as Specialized MA Plans
Secretary of Health and Human Services authorized, in promulgating regulations to carry out subsection (b)(6) of this section, to provide, notwithstanding subsection (b)(6)(A) of this section, for the offering of specialized MA plans for special needs individuals by MA plans that disproportionately serve special needs individuals, see section 231(d) of Pub. L. 108–173, set out as a note under section
1395w–21 of this title.
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