Title 42 — The Public Health and Welfare — § 1301. Definitions
Summary
These pages of Title 42 of the U.S. Code, The Public Health and Welfare, print § 1301, the definitions section of the Social Security Act's general provisions (Aug. 14, 1935, ch. 531, title XI, § 1101, 49 Stat. 647), with its editorial and statutory notes. The section defines terms including 'State', 'United States', 'person', 'shared health facility' and 'Administration'. The term 'State' includes the District of Columbia and the Commonwealth of Puerto Rico and, in named subchapters, the Virgin Islands, Guam, American Samoa and the Northern Mariana Islands. The notes trace amendments from 1939 onward, including Pub. L. 89–97, Pub. L. 92–603, Pub. L. 97–35 and Pub. L. 103–296. The pages end at the start of § 1302, on rules and regulations and impact analyses.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
§ 1301 TITLE 42—THE PUBLIC HEALTH AND WELFARE Page 2540
Editorial Notes (1) The term ‘‘State’’, except where other-
AMENDMENTS wise provided, includes the District of Colum-
bia and the Commonwealth of Puerto Rico,
1981—Pub. L. 97–35 struck out in provision preceding
and when used in subchapters IV, V, VII, XI,
par. (1) ‘‘, or (if provided in or after the third month be-
fore the month in which the recipient makes applica- XIX, and XXI includes the Virgin Islands and
tion for aid) medical care in behalf of or any type of re- Guam. Such term when used in subchapters
medial care recognized under State law in behalf of,’’ III, IX, and XII also includes the Virgin Is-
after ‘‘money payments to’’. lands. Such term when used in subchapter V
1972—Pub. L. 92–603 authorized the State, at its op- and in part B of this subchapter also includes
tion, to include within term ‘‘aid to the blind’’ provi- American Samoa, the Northern Mariana Is-
sions relating to money payments to an individual ab- lands, and the Trust Territory of the Pacific
sent from such State for more than 90 consecutive
days, and provisions relating to rent payments made
Islands. Such term when used in subchapters
directly to a public housing agency. XIX and XXI also includes the Northern Mar-
1965—Pub. L. 89–97 struck out from definition of ‘‘aid iana Islands and American Samoa. In the case
to the blind’’ the exclusion of payments to or medical of Puerto Rico, the Virgin Islands, and Guam,
care in behalf of any individual who has been diagnosed subchapters I, X, and XIV, and subchapter XVI
as having tuberculosis or psychosis and is a patient in (as in effect without regard to the amendment
a medical institution as a result thereof; and extended made by section 301 of the Social Security
definition of ‘‘aid to the blind’’ to include payments Amendments of 1972) shall continue to apply,
made on behalf of the needy individual to another indi-
vidual who (as determined in accordance with stand-
and the term ‘‘State’’ when used in such sub-
ards determined by the Secretary) is interested in or chapters (but not in subchapter XVI as in ef-
concerned with the welfare of such needy individual fect pursuant to such amendment after De-
and enumerated the five characteristics required of cember 31, 1973) includes Puerto Rico, the Vir-
State plans under which such payments can be made, gin Islands, and Guam. Such term when used
including provision for finding of inability to manage in subchapter XX also includes the Virgin Is-
funds, payment to meet all needs of the individual, spe- lands, Guam, American Samoa, and the North-
cial efforts to protect welfare, periodic review, and op- ern Mariana Islands. Such term when used in
portunity for fair hearing, respectively.
1962—Pub. L. 87–543 inserted ‘‘(if provided in or after
subchapter IV also includes American Samoa.
the third month before the month in which the recipi- (2) The term ‘‘United States’’ when used in a
ent makes application for aid)’’ before ‘‘medical care’’. geographical sense means, except where other-
1950—Act Aug. 28, 1950, redefined ‘‘aid to the blind’’. wise provided, the States.
1939—Act Aug. 10, 1939, redefined ‘‘aid to the blind’’ to (3) The term ‘‘person’’ means an individual,
include those individuals who are needy. a trust or estate, a partnership, or a corpora-
tion.
Statutory Notes and Related Subsidiaries (4) The term ‘‘corporation’’ includes associa-
EFFECTIVE DATE OF 1965 AMENDMENT tions, joint-stock companies, and insurance
companies.
Amendment by section 221(b) of Pub. L. 89–97 applica-
ble in the case of expenditures made after Dec. 31, 1965,
(5) The term ‘‘shareholder’’ includes a mem-
under a State plan approved under this subchapter, see ber in an association, joint-stock company, or
section 221(e) of Pub. L. 89–97, set out as a note under insurance company.
section 302 of this title. (6) The term ‘‘Secretary’’, except when the
Amendment by section 402(c) of Pub. L. 89–97 applica- context otherwise requires, means the Sec-
ble in the case of expenditures made after December 31, retary of Health and Human Services.
1965, under a State plan approved under subchapters I, (7) The terms ‘‘physician’’ and ‘‘medical
X, XIV, or XVI of this chapter, see section 402(e) of Pub. care’’ and ‘‘hospitalization’’ include osteo-
L. 89–97, set out as a note under section 306 of this title. pathic practitioners or the services of osteo-
EFFECTIVE DATE OF 1962 AMENDMENT pathic practitioners and hospitals within the
Amendment by section 156(c) of Pub. L. 87–543 appli- scope of their practice as defined by State law.
cable in the case of applications made after Sept. 30, (8)(A) The ‘‘Federal percentage’’ for any
1962, under a State plan approved under subchapter I, State (other than Puerto Rico, the Virgin Is-
IV, X, or XIV of this chapter, see section 156(e) of Pub. lands, and Guam) shall be 100 per centum less
L. 87–543, set out as a note under section 306 of this the State percentage; and the State percent-
title. age shall be that percentage which bears the
EFFECTIVE DATE OF 1950 AMENDMENT same ratio to 50 per centum as the square of
the per capita income of such State bears to
Act Aug. 28, 1950, ch. 809, title III, § 343(b), 64 Stat. 554,
provided that: ‘‘The amendment made by subsection (a) the square of the per capita income of the
[amending this section] shall take effect October 1, United States; except that the Federal per-
1950, except that the exclusion of money payments to centage shall in no case be less than 50 per
needy individuals described in [former] clause (a) or (b) centum or more than 65 per centum.
of section 1006 of the Social Security Act [42 U.S.C. (B) The Federal percentage for each State
1206] as so amended shall, in the case of any of such in- (other than Puerto Rico, the Virgin Islands,
dividuals who are not patients in a public institution, and Guam) shall be promulgated by the Sec-
be effective July 1, 1952.’’ retary between October 1 and November 30 of
SUBCHAPTER XI—GENERAL PROVISIONS, each year, on the basis of the average per cap-
PEER REVIEW, AND ADMINISTRATIVE ita income of each State and of the United
SIMPLIFICATION States for the three most recent calendar
years for which satisfactory data are available
PART A—GENERAL PROVISIONS from the Department of Commerce. Such pro-
mulgation shall be conclusive for each of the
§ 1301. Definitions
four quarters in the period beginning October
(a) When used in this chapter— 1 next succeeding such promulgation: Provided,
Page 2541 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1301
That the Secretary shall promulgate such per- (b) The terms ‘‘includes’’ and ‘‘including’’
centages as soon as possible after August 28, when used in a definition contained in this chap-
1958, which promulgation shall be conclusive ter shall not be deemed to exclude other things
for each of the eleven quarters in the period otherwise within the meaning of the term de-
beginning October 1, 1958, and ending with the fined.
close of June 30, 1961. (c) Whenever under this chapter or any Act of
(C) The term ‘‘United States’’ means (but Congress, or under the law of any State, an em-
only for purposes of subparagraphs (A) and (B) ployer is required or permitted to deduct any
of this paragraph) the fifty States and the Dis- amount from the remuneration of an employee
trict of Columbia. and to pay the amount deducted to the United
(D) Promulgations made before satisfactory States, a State, or any political subdivision
data are available from the Department of thereof, then for the purposes of this chapter the
Commerce for a full year on the per capita in- amount so deducted shall be considered to have
come of Alaska shall prescribe a Federal per- been paid to the employee at the time of such
centage for Alaska of 50 per centum and, for deduction.
purposes of such promulgations, Alaska shall (d) Nothing in this chapter shall be construed
not be included as part of the ‘‘United States’’. as authorizing any Federal official, agent, or
Promulgations made thereafter but before per representative, in carrying out any of the provi-
capita income data for Alaska for a full three- sions of this chapter, to take charge of any child
year period are available from the Department over the objection of either of the parents of
of Commerce shall be based on satisfactory such child, or of the person standing in loco
data available therefrom for Alaska for such parentis to such child.
one full year or, when such data are available
for a two-year period, for such two years. (Aug. 14, 1935, ch. 531, title XI, § 1101, 49 Stat. 647;
(9) The term ‘‘shared health facility’’ means Aug. 10, 1939, ch. 666, title VIII, § 801, 53 Stat.
any arrangement whereby— 1398; Aug. 10, 1946, ch. 951, title IV, § 401(a), 60
(A) two or more health care practitioners Stat. 986; June 14, 1948, ch. 468, § 2(a), 62 Stat. 438;
practice their professions at a common phys- Aug. 28, 1950, ch. 809, title IV, § 403(a)(1), (2), (b),
ical location; 64 Stat. 559; Aug. 1, 1956, ch. 836, title III, § 333,
(B) such practitioners share (i) common 70 Stat. 852; Pub. L. 85–840, title V, §§ 505, 506,
waiting areas, examining rooms, treatment Aug. 28, 1958, 72 Stat. 1050, 1051; Pub. L. 86–70,
rooms, or other space, (ii) the services of § 32(a), (d), June 25, 1959, 73 Stat. 149; Pub. L.
supporting staff, or (iii) equipment; 86–624, § 30(a), (d), July 12, 1960, 74 Stat. 419, 420;
(C) such practitioners have a person (who Pub. L. 86–778, title V, § 541, Sept. 13, 1960, 74
may himself be a practitioner)— Stat. 985; Pub. L. 87–543, title I, § 153, July 25,
(i) who is in charge of, controls, man- 1962, 76 Stat. 206; Pub. L. 89–97, title I, § 121(c)(1),
ages, or supervises substantial aspects of July 30, 1965, 79 Stat. 352; Pub. L. 92–603, title II,
the arrangement or operation for the de- § 272(a), Oct. 30, 1972, 86 Stat. 1451; Pub. L. 93–233,
livery of health or medical services at such § 18(z–2)(1)(A), Dec. 31, 1973, 87 Stat. 973; Pub. L.
common physical location, other than the 94–273, § 22, Apr. 21, 1976, 90 Stat. 379; Pub. L.
direct furnishing of professional health 94–566, title I, § 116(a), Oct. 20, 1976, 90 Stat. 2672;
care services by the practitioners to their Pub. L. 95–142, § 5(c)(2), (l)(2), Oct. 25, 1977, 91
patients; or Stat. 1184, 1191; Pub. L. 97–35, title XXI,
(ii) who makes available to such practi- §§ 2162(a)(1), 2193(c)(2), title XXIII, § 2352(b), Aug.
tioners the services of supporting staff who 13, 1981, 95 Stat. 806, 827, 871; Pub. L. 97–248, title
are not employees of such practitioners; I, §§ 136(a), 160(c), Sept. 3, 1982, 96 Stat. 375, 400;
and who is compensated in whole or in part, Pub. L. 98–369, div. B, title VI, § 2663(e)(1), (j)(1),
for the use of such common physical loca- July 18, 1984, 98 Stat. 1167, 1170; Pub. L. 99–272,
tion or support services pertaining thereto, title IX, § 9528(a), Apr. 7, 1986, 100 Stat. 219; Pub.
on a basis related to amounts charged or col- L. 99–514, § 2, title XVIII, §§ 1883(c)(1), 1895(c)(6),
lected for the services rendered or ordered at Oct. 22, 1986, 100 Stat. 2095, 2918, 2936; Pub. L.
such location or on any basis clearly unre- 100–203, title IX, § 9135(a)(1), (b)(1), Dec. 22, 1987,
lated to the value of the services provided by 101 Stat. 1330–315; Pub. L. 100–485, title VI,
the person; and § 601(a), Oct. 13, 1988, 102 Stat. 2407; Pub. L.
(D) at least one of such practitioners re- 103–296, title I, § 108(b)(1), Aug. 15, 1994, 108 Stat.
ceived payments on a fee-for-service basis 1481; Pub. L. 105–33, title IV, § 4901(b)(1), Aug. 5,
under subchapters XVIII and XIX in an 1997, 111 Stat. 570.)
amount exceeding $5,000 for any one month
during the preceding 12 months or in an ag- Editorial Notes
gregate amount exceeding $40,000 during the REFERENCES IN TEXT
preceding 12 months;
Section 301 of the Social Security Amendments of
except that such term does not include a pro- 1972, referred to in subsec. (a)(1), is section 301 of Pub.
vider of services (as defined in section 1395x(u) L. 92–603, title III, Oct. 30, 1972, 86 Stat. 1465, which en-
of this title), a health maintenance organiza- acted sections 1381 to 1382e and 1383 to 1383c of this
tion (as defined in section 300e(a) of this title), title.
a hospital cooperative shared services organi- The Internal Revenue Code of 1986, referred to in sub-
sec. (a)(9), is classified generally to Title 26, Internal
zation meeting the requirements of section
Revenue Code.
501(e) of the Internal Revenue Code of 1986, or
any public entity. AMENDMENTS
(10) The term ‘‘Administration’’ means the 1997—Subsec. (a)(1). Pub. L. 105–33 substituted ‘‘XIX,
Social Security Administration, except where and XXI’’ for ‘‘and XIX’’ and ‘‘subchapters XIX and
the context requires otherwise. XXI’’ for ‘‘subchapter XIX’’.
§ 1301 TITLE 42—THE PUBLIC HEALTH AND WELFARE Page 2542
1994—Subsec. (a)(10). Pub. L. 103–296 added par. (10). Islands and Guam’’ for ‘‘includes Puerto Rico, the Vir-
1988—Subsec. (a)(1). Pub. L. 100–485 amended last sen- gin Islands, and Guam’’.
tence generally. Prior to amendment, last sentence Pub. L. 86–624, § 30(d)(1), struck out ‘‘Hawaii, and’’ be-
read as follows: ‘‘Such term when used in part B of sub- fore ‘‘the District of Columbia’’.
chapter IV of this chapter also includes American Subsec. (a)(2). Pub. L. 86–778 substituted ‘‘means, ex-
Samoa.’’ cept where otherwise provided, the States, the District
1987—Subsec. (a)(1). Pub. L. 100–203, § 9135(a)(1), in- of Columbia, and the Commonwealth of Puerto Rico’’
serted ‘‘American Samoa,’’ after ‘‘Guam,’’. for ‘‘means the States, Hawaii, and the District of Co-
Pub. L. 100–203, § 9135(b)(1), inserted at end ‘‘Such lumbia’’.
term when used in part B of subchapter IV of this chap- Pub. L. 86–624, § 30(d)(2), struck out ‘‘, Hawaii,’’ before
ter also includes American Samoa.’’ ‘‘and the District of Columbia’’.
1986—Subsec. (a)(3) to (5). Pub. L. 99–514, § 1883(c)(1), Subsec. (a)(8)(A). Pub. L. 86–624, § 30(a)(1), (2), sub-
realigned margins of pars. (3) to (5). stituted ‘‘per capita income of the United States’’ for
Subsec. (a)(8)(B). Pub. L. 99–514, § 1895(c)(6), amended ‘‘per capita income of the continental United States
directory language of Pub. L. 99–272, § 9528(a), and did (including Alaska)’’, and struck out provisions which
not involve any change in text. See note below. prescribed the Federal percentage for Hawaii as 50 per
Pub. L. 99–272, § 9528(a), as amended by Pub. L. 99–514, centum.
§ 1895(c)(6), struck out ‘‘even-numbered’’ after ‘‘Novem- Subsec. (a)(8)(B). Pub. L. 86–624, § 30(a)(1), substituted
ber 30 of each’’ and substituted ‘‘for each of the four ‘‘United States’’ for ‘‘continental United States (in-
quarters’’ for ‘‘for each of the eight quarters’’. cluding Alaska)’’.
Subsec. (a)(9). Pub. L. 99–514, § 2, substituted ‘‘Inter- Subsec. (a)(8)(C), (D). Pub. L. 86–624, § 30(a)(3), added
nal Revenue Code of 1986’’ for ‘‘Internal Revenue Code subpars. (C) and (D).
of 1954’’ in closing provisions. 1959—Subsec. (a)(1). Pub. L. 86–70, § 32(d)(1), sub-
1984—Subsec. (a)(6). Pub. L. 98–369, § 2663(j)(1), sub- stituted ‘‘Hawaii and’’ for ‘‘Alaska, Hawaii, and’’.
Subsec. (a)(2). Pub. L. 86–70, § 32(d)(2), struck out
stituted ‘‘means the Secretary of Health and Human
‘‘Alaska,’’ before ‘‘Hawaii’’.
Services’’ for ‘‘means the Secretary of Health, Edu-
Subsec. (a)(8). Pub. L. 86–70, § 32(a), substituted ‘‘(in-
cation, and Welfare’’.
cluding Alaska)’’ for ‘‘(excluding Alaska)’’ in two
Subsec. (a)(8), (9). Pub. L. 98–369, § 2663(e)(1), realigned
places, and ‘‘50 per centum for Hawaii’’ for ‘‘50 per cen-
margins of pars. (8) and (9).
tum for Alaska and Hawaii’’.
1982—Subsec. (a)(1). Pub. L. 97–248, § 136(a), inserted 1958—Subsec. (a)(1). Pub. L. 85–840, § 506, included
‘‘and American Samoa’’ after ‘‘includes the Northern Guam within definition of ‘‘State’’ when used in sub-
Mariana Islands’’. chapters I, IV, V, VII, X, and XIV of this chapter.
Pub. L. 97–248, § 160(c), substituted ‘‘Guam, and the Subsec. (a)(8). Pub. L. 85–840, § 505, added par. (8).
Northern Mariana Islands’’ for ‘‘American Samoa, the 1956—Subsec. (a)(1). Act Aug. 1, 1956, inserted ref-
Northern Mariana Islands, and the Trust Territory of erence to subchapter VII of this chapter.
the Pacific Islands’’. 1950—Subsec. (a)(1). Act Aug. 28, 1950, § 403(a)(1), rede-
1981—Subsec. (a)(1). Pub. L. 97–35, §§ 2162(a)(1), 2352(b), fined ‘‘State’’.
substituted ‘‘American Samoa, the Northern Mariana Subsec. (a)(6). Act Aug. 28, 1950, § 403(a)(2), defined
Islands, and’’ for ‘‘American Samoa and’’ and inserted ‘‘Administrator’’.
provisions that ‘‘State’’ when used in subchapter XIX Subsec. (a)(7). Act Aug. 28, 1950, § 403(b), added par. (7).
of this chapter also includes the Northern Mariana Is- 1948—Subsec. (a)(6). Act June 14, 1948, provided for ap-
lands and when used in subchapter XX of this chapter plication of usual common-law rules in determining
also includes the Virgin Islands, American Samoa, the whether a person is an employee.
Northern Mariana Islands, and the Trust Territory of 1946—Subsec. (a)(1). Act Aug. 10, 1946, struck out ex-
the Pacific Islands. ception of section 45b of title 29 and inserted reference
Subsec. (a)(9)(D). Pub. L. 97–35, § 2193(c)(2), substituted to Virgin Islands.
‘‘subchapters XVIII, and XIX’’ for ‘‘subchapters V, 1939—Subsec. (a)(1). Act Aug. 10, 1939, redefined
XVIII, and XIX’’. ‘‘State’’.
1977—Subsec. (a)(1). Pub. L. 95–142, § 5(l)(2), which di-
rected that second sentence of par. (1) be amended by Statutory Notes and Related Subsidiaries
inserting provision that ‘‘State’’ when used in part B of
CHANGE OF NAME
this subchapter also includes American Samoa and the
Trust Territory of the Pacific Islands, was executed by ‘‘Secretary of Health and Human Services’’ sub-
inserting that provision to third sentence. stituted for ‘‘Secretary of Health, Education, and Wel-
Subsec. (a)(9). Pub. L. 95–142, § 5(c)(2), added par. (9). fare’’ in subsec. (a)(6) and (8)(B) pursuant to section
1976—Subsec. (a)(1). Pub. L. 94–566 inserted provision 509(b) of Pub. L. 96–88, which is classified to section
that ‘‘State’’, when used in subchapters III, IX, and XII 3508(b) of Title 20, Education.
of this chapter, also includes the Virgin Islands.
EFFECTIVE DATE OF 1994 AMENDMENT
Subsec. (a)(8)(B). Pub. L. 94–273 substituted ‘‘October’’
for ‘‘July’’ in two places and ‘‘November 30’’ for ‘‘Au- Amendment by Pub. L. 103–296 effective Mar. 31, 1995,
gust 31’’. see section 110(a) of Pub. L. 103–296, set out as a note
1973—Subsec. (a)(1). Pub. L. 93–233 struck out in first under section 401 of this title.
sentence references to subchapters I, X, XIV, and XVI
EFFECTIVE DATE OF 1988 AMENDMENT
of this chapter and inserted third sentence respecting
the case of Puerto Rico, the Virgin Islands, and Guam. Pub. L. 100–485, title VI, § 601(d), Oct. 13, 1988, 102 Stat.
1972—Subsec. (a)(1). Pub. L. 92–603 extended benefits 2408, provided that: ‘‘The amendments made by this
of subchapter V of this chapter to American Samoa and section [amending this section and sections 603, 1308,
the Trust Territory of the Pacific Islands. and 1318 of this title] shall become effective on October
1965—Subsec. (a)(1). Pub. L. 89–97 included subchapter 1, 1988.’’
XIX of this chapter.
EFFECTIVE DATE OF 1987 AMENDMENT
1962—Subsec. (a)(1). Pub. L. 87–543, § 153(a), included in
enumeration subchapters XI and XVI of this chapter. Amendment by Pub. L. 100–203 applicable with re-
Subsec. (a)(2). Pub. L. 87–543, § 153(b), struck out spect to fiscal years beginning on or after Oct. 1, 1988,
‘‘, the District of Columbia, and the Commonwealth of see section 9135(c) of Pub. L. 100–203, set out as a note
Puerto Rico’’ after ‘‘the States,’’. under section 623 of this title.
1960—Subsec. (a)(1). Pub. L. 86–778 substituted ‘‘The
term ‘State’, except where otherwise provided, includes EFFECTIVE DATE OF 1986 AMENDMENT
the District of Columbia and the Commonwealth of Amendment by section 1883(c)(1) of Pub. L. 99–514 ef-
Puerto Rico’’ for ‘‘The term ‘State’ includes Hawaii, fective Oct. 22, 1986, see section 1883(f) of Pub. L. 99–514,
and the District of Columbia’’, and ‘‘includes the Virgin set out as a note under section 402 of this title.
Page 2543 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1301
Amendment by section 1895(c)(6) of Pub. L. 99–514 ef- 26, Internal Revenue Code, an unemployment com-
fective, except as otherwise provided, as if included in pensation law submitted to him by the Virgin Islands
enactment of the Consolidated Omnibus Budget Rec- for approval, see section 116(f)(1) of Pub. L. 94–566, set
onciliation Act of 1985, Pub. L. 99–272, see section out as a note under section 3304 of Title 26.
1895(e) of Pub. L. 99–514, set out as a note under section
EFFECTIVE DATE OF 1973 AMENDMENT
162 of Title 26, Internal Revenue Code.
Pub. L. 99–272, title IX, § 9528(b), (c), Apr. 7, 1986, 100 Pub. L. 93–233, § 18(z–2)(2), Dec. 31, 1973, 87 Stat. 974,
Stat. 219, as amended by Pub. L. 99–509, title IX, §§ 9102, provided that: ‘‘The amendments made by this sub-
9421(a), Oct. 21, 1986, 100 Stat. 1972, 2065, provided that: section [amending this section and sections 1315 and
‘‘(b) EFFECTIVE DATE.—The amendments made by this 1316 of this title] shall be effective on and after January
section [amending this section] shall apply to the Fed- 1, 1974.’’
eral percentage (and Federal medical assistance per-
EFFECTIVE DATE OF 1972 AMENDMENT
centage) for fiscal years 1987 and thereafter. Such
amendments shall apply without regard to the require- Pub. L. 92–603, title II, § 272(c), Oct. 30, 1972, 86 Stat.
ment of section 1101(a)(8)(B) of the Social Security Act 1451, provided that: ‘‘The amendments made by this
[42 U.S.C. 1301(a)(8)(B)] relating to the promulgation of section [amending this section and section 1308 of this
the Federal percentage prior to November 30 of the title] shall apply with respect to fiscal years beginning
year preceding the year in which the new Federal per- after June 30, 1971.’’
centage becomes applicable. The Secretary of Health
EFFECTIVE DATE OF 1965 AMENDMENT
and Human Services shall promulgate such new per-
centage for fiscal year 1987 as soon as practicable after Pub. L. 89–97, title I, § 121(c)(1), July 30, 1965, 79 Stat.
the date of the enactment of this Act [Apr. 7, 1986]. 352, provided that the amendment made by that section
‘‘(c) HOLD HARMLESS PROVISION.—Notwithstanding is effective Jan. 1, 1966.
subsection (b), for calendar quarters occurring during EFFECTIVE DATE OF 1960 AMENDMENT
fiscal year 1987 and only for purposes of making pay-
ments to States under sections 403 and 1903 of the So- Pub. L. 86–778, title V, § 541, Sept. 13, 1960, 74 Stat. 985,
cial Security Act [42 U.S.C. 603, 1396b], the amendments provided that the amendment made by that section is
made by subsection (a) [amending this section] shall effective on and after Jan. 1, 1961.
not apply to a State with respect to either such section Amendment by section 30(d) of Pub. L. 86–624 effec-
if the effect of the [sic] applying the amendments tive Aug. 21, 1959, see section 47(f) of Pub. L. 86–624, set
would be to reduce the amount of payment made to the out as a note under section 201 of this title.
State under that section.’’ Amendment by section 30(a)(1) of Pub. L. 86–624 appli-
[Pub. L. 99–509, title IX, § 9102, Oct. 21, 1986, 100 Stat. cable in the case of promulgations or computations of
1972, provided that the amendment made by that sec- Federal shares, allotment percentages, allotment ra-
tion [amending section 9528(c) of Pub. L. 99–272, set out tios, and Federal percentages, as the case may be, made
above] is effective as provided in section 9421(b) of Pub. after Aug. 21, 1959, see Pub. L. 86–624, § 47(a), July 12,
L. 99–509. See below.] 1960, 74 Stat. 423.
[Pub. L. 99–509, title IX, § 9421(b), Oct. 21, 1986, 100 Pub. L. 86–624, § 47(b), July 12, 1960, 74 Stat. 423, pro-
Stat. 2065, provided that: ‘‘The amendment made by vided that: ‘‘The amendments made by paragraph (2) of
subsection (a) [enacting section 9528(c) of Pub. L. section 30(a) [amending this section] shall be effective
99–272, set out above] shall be effective as though it had with the beginning of the calendar quarter in which
been included in the Consolidated Omnibus Budget Rec- this Act is enacted. The Secretary of Health, Edu-
onciliation Act of 1985 [Pub. L. 99–272] at the time of its cation, and Welfare [now Health and Human Services]
enactment.’’] shall, as soon as possible after enactment of this Act
[July 12, 1960], promulgate a Federal percentage for Ha-
EFFECTIVE DATE OF 1984 AMENDMENT waii determined in accordance with the provisions of
subparagraph (B) of section 1101(a)(8) of the Social Se-
Amendment by Pub. L. 98–369 effective July 18, 1984,
curity Act [42 U.S.C. 1301(a)(8)(B)], such promulgation
but not to be construed as changing or affecting any
to be effective for the period beginning with the begin-
right, liability, status, or interpretation which existed
ning of the calendar quarter in which this Act is en-
(under the provisions of law involved) before that date,
acted and ending with the close of June 30, 1961.’’
see section 2664(b) of Pub. L. 98–369, set out as a note
under section 401 of this title. EFFECTIVE DATE OF 1959 AMENDMENT
EFFECTIVE DATE OF 1982 AMENDMENT Amendment by section 32(a) of Pub. L. 86–70 applica-
ble in the case of promulgations of Federal shares, al-
Pub. L. 97–248, title I, § 136(e), Sept. 3, 1982, 96 Stat. lotment percentages, allotment ratios, and Federal per-
376, provided that: ‘‘The amendments made by this sec- centages, as the case may be, made after satisfactory
tion [amending this section and sections 1308, 1396a, data are available from the Department of Commerce
and 1396d of this title] shall become effective on Octo- for a full year on the per capita income of Alaska, and
ber 1, 1982.’’ amendment by section 32(d) of Pub. L. 86–70 effective
Pub. L. 97–248, title I, § 160(e), Sept. 3, 1982, 96 Stat. Jan. 3, 1959, see Pub. L. 86–70, § 47(a), (d), June 25, 1959,
400, provided that: ‘‘The amendments made by this sec- 73 Stat. 153.
tion [amending this section and sections 671, 1308, and
1397b of this title] shall be effective as of October 1, EFFECTIVE DATE OF 1958 AMENDMENT
1981.’’ For effective date of amendments by Pub. L. 85–840,
EFFECTIVE DATE OF 1981 AMENDMENT see section 512 of Pub. L. 85–840, set out as a note under
section 303 of this title.
Amendment by section 2352(a) of Pub. L. 97–35 effec-
tive Oct. 1, 1981, except as otherwise explicitly pro- EFFECTIVE DATE OF 1950 AMENDMENT
vided, see section 2354 of Pub. L. 97–35, set out as an Ef- Act Aug. 28, 1950, ch. 809, title IV, § 403(a)(3), 64 Stat.
fective Date note under section 1397 of this title. 559, provided that: ‘‘The amendment made by para-
For effective date, savings, and transitional provi- graph (1) of this subsection [amending this section]
sions relating to amendment by section 2193(c)(2) of shall take effect October 1, 1950, and the amendment
Pub. L. 97–35, see section 2194 of Pub. L. 97–35, set out made by paragraph (2) of this subsection [amending
as a note under section 701 of this title. this section], insofar as it repeals the definition of ‘em-
EFFECTIVE DATE OF 1976 AMENDMENT ployee’, shall be effective only with respect to services
performed after 1950.’’
Amendment by Pub. L. 94–566 effective on the later of Act Aug. 28, 1950, ch. 809, title IV, § 403(b), 64 Stat. 559,
Oct. 1, 1976, or the day after the day on which the Sec- provided that the amendment made by that section is
retary of Labor approves under section 3304(a) of Title effective Oct. 1, 1950.
§ 1301 TITLE 42—THE PUBLIC HEALTH AND WELFARE Page 2544
EFFECTIVE DATE OF 1948 AMENDMENT substituting ‘Department of Health and Human Serv-
ices’ for the term ‘Federal Security Agency’; but noth-
Act June 14, 1948, ch. 468, § 2(b), 62 Stat. 438, provided
ing in this subsection shall affect the exercise under
that: ‘‘The amendment made by subsection (a) [amend-
section 402(a)(5) of such Act [42 U.S.C. 602(a)(5)] of the
ing this section] shall have the same effect as if in-
functions, powers, and duties relating to the prescrip-
cluded in the Social Security Act [42 U.S.C. 301 et seq.]
tion of personnel standards on a merit basis which were
on August 14, 1935, the date of its enactment, but shall
transferred from the Secretary of Health, Education,
not have the effect of voiding any (1) wage credits re-
and Welfare by section 208(a)(3)(D) of Public Law 91–648
ported to the Bureau of Internal Revenue [now Internal
[42 U.S.C. 4728(a)(3)(D)].’’
Revenue Service] with respect to services performed
prior to the enactment of this Act [June 14, 1948] or (2) DEFINITIONS OF ‘‘BIPA’’ AND ‘‘SECRETARY’’
wage credits with respect to services performed prior to
the close of the first calendar quarter which begins Pub. L. 108–173, § 1(c), Dec. 8, 2003, 117 Stat. 2066, pro-
after the date of the enactment of this Act in the case vided that:
of individuals who have attained age sixty-five or who ‘‘In this Act [see Short Title of 2003 Amendments
have died, prior to the close of such quarter, and with note set out under section 1305 of this title]:
respect to whom prior to the date of enactment of this ‘‘(1) BIPA.—The term ‘BIPA’ means the Medicare,
Act wage credits were established which would not Medicaid, and SCHIP Benefits Improvement and Pro-
have been established had the amendment made by sub- tection Act of 2000, as enacted into law by section
section (a) been in effect on and after August 14, 1935.’’ 1(a)(6) of Public Law 106–554 [see Tables for classifica-
tion].
EFFECTIVE DATE OF 1946 AMENDMENT ‘‘(2) SECRETARY.—The term ‘Secretary’ means the
Secretary of Health and Human Services.’’
Act Aug. 10, 1946, ch. 951, title IV, § 401(a), 60 Stat. 986,
provided that the amendment made by that section is DEFINITION OF ‘‘SECRETARY’’
effective Jan. 1, 1947.
Pub. L. 90–248, title IV, § 404, Jan. 2, 1968, 81 Stat. 933,
EFFECTIVE DATE OF 1939 AMENDMENT as amended by Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695, provided that: ‘‘As used in the amend-
Act Aug. 10, 1939, ch. 666, title VIII, § 801, 53 Stat. 1398,
ments made by this Act [see Short Title of 1968 Amend-
provided that the amendment made by that section is
ment note set out under section 1305 of this title] (un-
effective Jan. 1, 1940.
less the context otherwise requires), the term ‘Sec-
REPEALS retary’ means the Secretary of Health and Human
Services.’’
The provisions of subsecs. (a)(1), (3), (6), (c) of this Pub. L. 89–97, title I, § 110, July 30, 1965, 79 Stat. 340,
section were incorporated into sections 1426(d) to (f), as amended by Pub. L. 96–88, title V, § 509(b), Oct. 17,
1427, 1607(i) to (k), and 1608 of former Title 26, Internal 1979, 93 Stat. 695, provided that: ‘‘As used in this Act,
Revenue Code of 1939, by act Feb. 10, 1939, ch. 2, 53 Stat. and in the provisions of the Social Security Act amend-
1. Section 4 of the act of Feb. 10, 1939, provided that all ed by this Act [see Short Title of 1965 Amendment note
laws and parts of laws codified into the Internal Rev- set out under section 1305 of this title], the term ‘Sec-
enue Code of 1939, to the extent that they related exclu- retary’, unless the context otherwise requires, means
sively to internal revenue, were repealed. See enacting the Secretary of Health and Human Services.’’
sections preceding section 1 of former Title 26. Pub. L. 88–156, § 6, Oct. 24, 1963, 77 Stat. 276, as amend-
Provisions of the Internal Revenue Code of 1939 were ed by Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93
generally repealed by section 7851 of Title 26, Internal Stat. 695, provided that: ‘‘As used in the amendments to
Revenue Code of 1954 (act Aug. 16, 1954, ch. 736, 68A the Social Security Act made by this Act [see Short
Stat. 3). See, also, section 7807 of said Title 26, I.R.C. Title of 1963 Amendment note set out under section 1305
1954, respecting rules in effect upon enactment of I.R.C. of this title], the term ‘Secretary’ means the Secretary
1954. The I.R.C. 1954 was redesignated I.R.C. 1986 by of Health and Human Services.’’
Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095. Said re- Pub. L. 87–543, title II, § 201, July 25, 1962, 76 Stat. 208,
pealed sections are covered by sections 3121, 3123, 3306, as amended by Pub. L. 96–88, title V, § 509(b), Oct. 17,
3307, 7701 of Title 26. 1979, 93 Stat. 695, provided that: ‘‘As used in this Act
and in the provisions of the Social Security Act amend-
PROVISIONS RELATING TO FEDERAL SECURITY
ed by this Act [see Short Title of 1962 Amendment note
ADMINISTRATOR
set out under section 1305 of this title], the term ‘Sec-
Pub. L. 98–369, div. B, title VI, § 2663(l), July 18, 1984, retary’, unless the context otherwise requires, means
98 Stat. 1171, provided that: ‘‘Any reference to the Fed- the Secretary of Health and Human Services.’’
eral Security Administrator which may remain in the Pub. L. 87–64, title III, § 304, June 30, 1961, 75 Stat. 143,
provisions of title II, IV, VII, or XI of the Social Secu- as amended by Pub. L. 96–88, title V, § 509(b), Oct. 17,
rity Act [[42 U.S.C. 401 et seq., 601 et seq., 901 et seq., 1979, 93 Stat. 695, provided that: ‘‘As used in this title
1301 et seq.] (other than section 1101(a)(6) of such Act and title I, and in the provisions of the Social Security
[42 U.S.C. 1301(a)(6)]) is amended— Act amended thereby [see Short Title of 1961 Amend-
‘‘(1) by substituting ‘Secretary’ or ‘Secretary’s’ for ment note set out under section 1305 of this title], the
the term ‘Administrator’ or ‘Administrator’s’, where term ‘Secretary’, unless the context otherwise requires,
the reference is to that term alone; means the Secretary of Health and Human Services.’’
‘‘(2) by substituting ‘Secretary of Health, Edu- Pub. L. 86–778, title VII, § 709, Sept. 13, 1960, 74 Stat.
cation, and Welfare’ for the term ‘Federal Security 997, as amended by Pub. L. 96–88, title V, § 509(b), Oct.
Administrator’, where the reference is to that term, 17, 1979, 93 Stat. 695, provided that: ‘‘As used in this Act
if the provision containing such reference is amended and the provisions of the Social Security Act amended
by paragraph (2) or (3) of subsection (j) [Pub. L. by this Act [see Short Title of 1960 Amendment note set
98–369, § 2663(j)(2), (3), see Tables for classification] (in out under section 1305 of this title] the term ‘Sec-
which case the amendment of such provision under retary’, unless the context otherwise requires, means
this paragraph shall be deemed to have taken effect the Secretary of Health and Human Services.’’
immediately prior to the amendment of such provi- Pub. L. 85–840, title VII, § 702, Aug. 28, 1958, 72 Stat.
sion under such paragraph (2) or (3)); and 1056, as amended by Pub. L. 96–88, title V, § 509(b), Oct.
‘‘(3) by substituting ‘Secretary of Health and 17, 1979, 93 Stat. 695, provided that: ‘‘As used in the pro-
Human Services’ for the term ‘Federal Security Ad- visions of the Social Security Act amended by this Act
ministrator’ in any other case where the reference is [see Short Title of 1958 Amendment note set out under
to that term; section 1305 of this title], the term ‘‘Secretary’’, unless
and any reference to the Federal Security Agency the context otherwise requires, means the Secretary of
which may remain in such provisions is amended by Health and Human Services.’’
Page 2545 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1302
Act Aug. 1, 1956, ch. 836, title I, § 119, 70 Stat. 836, as respect to small rural hospitals, the matters re-
amended Oct. 17, 1979, Pub. L. 96–88, title V, § 509(b), 93 quired under section 603 of title 5 to be set forth
Stat. 695, provided that: ‘‘As used in this Act and in the with respect to small entities. The initial regu-
provisions of the Social Security Act set forth in this
Act [see Short Title of 1956 Amendment note set out
latory impact analysis (or a summary) shall be
under section 1305 of this title], the term ‘Secretary’ published in the Federal Register at the time of
means the Secretary of Health and Human Services.’’ the publication of general notice of proposed
Act Sept. 1, 1954, ch. 1206, title I, § 114, 68 Stat. 1087, rulemaking for the rule or regulation.
as amended Oct. 17, 1979, Pub. L. 96–88, title V, § 509(b), (2) Whenever the Secretary promulgates a
93 Stat. 695, provided that: ‘‘As used in the provisions final version of a rule or regulation with respect
of the Social Security Act amended by this title [42 to which an initial regulatory impact analysis is
U.S.C. 402, 403, 415, 421], the term ‘Secretary’ means the required by paragraph (1), the Secretary shall
Secretary of Health and Human Services.’’
prepare a final regulatory impact analysis with
respect to the final version of such rule or regu-
Executive Documents
lation. Such analysis shall set forth, with re-
TRANSFER OF FUNCTIONS spect to small rural hospitals, the matters re-
Functions of Federal Security Administrator trans- quired under section 604 of title 5 to be set forth
ferred to Secretary of Health, Education, and Welfare with respect to small entities. The Secretary
and all agencies of Federal Security Agency transferred shall make copies of the final regulatory impact
to Department of Health, Education, and Welfare by analysis available to the public and shall pub-
section 5 of Reorg. Plan No. 1 of 1953, set out as a note lish, in the Federal Register at the time of pub-
under section 3501 of this title. Federal Security Agen- lication of the final version of the rule or regu-
cy and Office of Administrator abolished by section 8 of lation, a statement describing how a member of
Reorg. Plan No. 1 of 1953.
the public may obtain a copy of such analysis.
TERMINATION OF TRUST TERRITORY OF THE PACIFIC (3) If a regulatory flexibility analysis is re-
ISLANDS quired by chapter 6 of title 5 for a rule or regula-
For termination of Trust Territory of the Pacific Is- tion to which this subsection applies, such anal-
lands, see note set out preceding section 1681 of Title ysis shall specifically address the impact of the
48, Territories and Insular Possessions. rule or regulation on small rural hospitals.
§ 1301–1. Omitted (Aug. 14, 1935, ch. 531, title XI, § 1102, 49 Stat. 647;
Aug. 28, 1950, ch. 809, title IV, § 403(c), 64 Stat.
Editorial Notes 559; Pub. L. 98–369, div. B, title VI,
§ 2663(j)(2)(D)(i), (l)(2), July 18, 1984, 98 Stat. 1170,
CODIFICATION 1171; Pub. L. 100–203, title IV, § 4402(a), Dec. 22,
Section, act Aug. 10, 1946, ch. 951, title II, § 202, 60 1987, 101 Stat. 1330–226.)
Stat. 981, defined the term ‘‘Administrator’’ as used in
certain sections of this chapter. See section 1301 of this Editorial Notes
title.
AMENDMENTS
§ 1301a. Omitted 1987—Pub. L. 100–203 designated existing provision as
subsec. (a) and added subsec. (b).
Editorial Notes 1984—Pub. L. 98–369, § 2663(l)(2), substituted ‘‘Sec-
retary of Health, Education, and Welfare’’ for ‘‘Federal
CODIFICATION Security Administrator’’ immediately prior to the sub-
Section, act June 26, 1940, ch. 428, title II, 54 Stat. 588, stitution of ‘‘Health and Human Services’’ for ‘‘Health,
provided for reimbursement for official travel per- Education, and Welfare’’ by Pub. L. 98–369,
formed by employees of the Bureau of Old-Age Insur- § 2663(j)(2)(D)(i).
ance, was from the Federal Security Agency Appropria- 1950—Act Aug. 28, 1950, substituted ‘‘Federal Security
tion Act, 1941, and was not repeated in subsequent ap- Administrator’’ for ‘‘Social Security Board’’.
propriations acts.
Statutory Notes and Related Subsidiaries
§ 1302. Rules and regulations; impact analyses of EFFECTIVE DATE OF 1987 AMENDMENT
Medicare and Medicaid rules and regulations
on small rural hospitals Pub. L. 100–203, title IV, § 4402(b), Dec. 22, 1987, 101
Stat. 1330–226, provided that: ‘‘The amendments made
(a) The Secretary of the Treasury, the Sec- by paragraph (1) [probably means subsec. (a), amending
retary of Labor, and the Secretary of Health and this section] shall apply to regulations proposed more
Human Services, respectively, shall make and than 30 days after the date of the enactment of this Act
[Dec. 22, 1987].’’
publish such rules and regulations, not incon-
sistent with this chapter, as may be necessary EFFECTIVE DATE OF 1984 AMENDMENT
to the efficient administration of the functions Amendment by Pub. L. 98–369 effective July 18, 1984,
with which each is charged under this chapter. but not to be construed as changing or affecting any
(b)(1) Whenever the Secretary publishes a gen- right, liability, status, or interpretation which existed
eral notice of proposed rulemaking for any rule (under the provisions of law involved) before that date,
or regulation proposed under subchapter XVIII, see section 2664(b) of Pub. L. 98–369, set out as a note
subchapter XIX, or part B of this subchapter under section 401 of this title.
that may have a significant impact on the oper- REPEALS
ations of a substantial number of small rural
The provisions of this section were incorporated into
hospitals, the Secretary shall prepare and make sections 1429 and 1609 of former Title 26, Internal Rev-
available for public comment an initial regu- enue Code of 1939, by act Feb. 10, 1939, ch. 2, 53 Stat. 1.
latory impact analysis. Such analysis shall de- Section 4 of the act of Feb. 10, 1939, which enacted Title
scribe the impact of the proposed rule or regula- 26, I.R.C. 1939, provided that all laws and parts of laws
tion on such hospitals and shall set forth, with codified into the I.R.C. 1939, to the extent that they re-
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