Source
(Aug. 14, 1935, ch. 531, title XIX, § 1916A, as added and amended Pub. L. 109–171, title VI, §§ 6041(a),
6042
(a),
6043
(a), Feb. 8, 2006, 120 Stat. 81, 85, 86; Pub. L. 109–432, div. B, title IV, § 405(a)(1)–(5), Dec. 20, 2006, 120 Stat. 2996–2998.)
References in Text
Parts B and E of subchapter IV, referred to in subsec. (b)(3)(A)(i), (B)(i), are classified to sections
620 et seq. and 670 et seq., respectively, of this title.
Amendments
2006—Subsec. (a)(1).
Pub. L. 109–432, § 405(a)(3)(A), substituted “subsection (g) or (i) of section
1396o” for “section
1396o
(g)” in second sentence.
Pub. L. 109–432, § 405(a)(1)(A), inserted “but subject to paragraph (2),” after “1396a(a)(10)(B) of this title,” and “and non-emergency services furnished in a hospital emergency department for which cost sharing may be imposed under subsection (e)” after “subsection (c)”.
Subsec. (a)(2), (3).
Pub. L. 109–432, § 405(a)(1)(B), (C), added par. (2) and redesignated former par. (2) as (3).
Subsec. (b)(1), (2).
Pub. L. 109–432, § 405(a)(2)(A), struck out “, subject to subsections (c)(2) and (e)(2)(A)” after “involved” in introductory provisions.
Subsec. (b)(3)(A)(i).
Pub. L. 109–432, § 405(a)(4)(A), substituted “child welfare services are made available under part B of subchapter IV on the basis of being a child in foster care” for “aid or assistance is made available under part B of subchapter IV to children in foster care”.
Subsec. (b)(3)(A)(vi).
Pub. L. 109–432, § 405(a)(3)(B)(i), added cl. (vi).
Subsec. (b)(3)(B)(i).
Pub. L. 109–432, § 405(a)(4)(B), substituted “child welfare services are made available under part B of subchapter IV on the basis of being a child in foster care or” for “aid or assistance is made available under part B of subchapter IV to children in foster care”.
Subsec. (b)(3)(B)(ix).
Pub. L. 109–432, § 405(a)(3)(B)(ii), added cl. (ix).
Subsec. (c).
Pub. L. 109–171, § 6042(a), added subsec. (c).
Subsec. (c)(1).
Pub. L. 109–432, § 405(a)(2)(B), substituted “most (or more) cost effective” for “least (or less) costly effective” in introductory provisions.
Subsec. (c)(1)(B).
Pub. L. 109–432, § 405(a)(2)(C), substituted “be imposed under subsection (a) due to the application of” for “otherwise be imposed under”.
Subsec. (c)(2)(B).
Pub. L. 109–432, § 405(a)(2)(D), substituted “not subject to cost sharing under subsection (a) due to the application of paragraph (1)(B)” for “otherwise not subject to cost sharing due to the application of subsection (b)(3)(B)”.
Subsec. (c)(2)(C).
Pub. L. 109–432, § 405(a)(1)(D), inserted “under subsection (a)(2)(B) or” after “cost sharing applied”.
Subsec. (e).
Pub. L. 109–171, § 6043(a), added subsec. (e).
Subsec. (e)(2)(A).
Pub. L. 109–432, § 405(a)(2)(E), substituted “Individuals with family income between 100 and 150 percent of the poverty line” for “For poorest beneficiaries” in heading and “under subsection (b)(1)(B)(ii)” for “under subsection (b)(1)” in text.
Pub. L. 109–432, § 405(a)(1)(E), inserted “who is not described in subparagraph (B)” after “in subsection (b)(1)”.
Subsec. (e)(2)(B).
Pub. L. 109–432, § 405(a)(2)(F), substituted “described in subsection (a)(2)(A) or who is not subject to cost sharing under subsection (b)(3)(B) with respect to non-emergency services described in paragraph (1)” for “who is otherwise not subject to cost sharing under subsection (b)(3)”.
Subsec. (e)(2)(C).
Pub. L. 109–432, § 405(a)(2)(G), inserted “or section
1396o of this title” after “subsection (a)”.
Pub. L. 109–432, § 405(a)(1)(D), inserted “under subsection (a)(2)(B) or” after “cost sharing applied”.
Subsec. (e)(4)(A).
Pub. L. 109–432, § 405(a)(5), struck out “the physician determines” after “a hospital that”.
Effective Date of 2006 Amendment
Pub. L. 109–432, div. B, title IV, § 405(a)(6), Dec. 20, 2006,
120 Stat. 2998, provided that: “The amendments made by this subsection [amending this section] shall take effect as if included in the amendments made by sections [sic] 6041(a) of the Deficit Reduction Act of 2005 [
Pub. L. 109–171], except that insofar as such amendments are to, or relate to, subsection (c) or (e) of section
1916A of the Social Security Act [this section], such amendments shall take effect as if included in the amendments made by section
6042 or
6043, respectively, of the Deficit Reduction Act of 2005 [
Pub. L. 109–171].”
Pub. L. 109–171, title VI, § 6042(b), Feb. 8, 2006,
120 Stat. 86, provided that: “The amendment made by subsection (a) [amending this section] shall apply to cost sharing imposed for items and services furnished on or after March 31, 2006.”
Amendment by section 6043(a) of
Pub. L. 109–171 applicable to non-emergency services furnished on or after Jan. 1, 2007, see section 6043(c) of
Pub. L. 109–171, set out as a note under section
1396b of this title.
Effective Date
Section applicable to cost sharing imposed for items and services furnished on or after Mar. 31, 2006, see section 6041(c) of
Pub. L. 109–171, set out as an Effective Date of 2006 Amendment note under section
1396o of this title.