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NOTES:
Source
(Added , § 2(7), Sept. 30, 1966, ; amended , title VIII, § 806(a)(2), Oct. 20, 1978, ; , § 1, Dec. 29, 1979, ; , title V, §§ 501(14),
, (39), Dec. 12, 1980, , 2923; , title IX, § 906(a)(2), Dec. 1, 1981, ; , title X, § 1004(c), Sept. 8, 1982, ; , title IX, § 931(b), Sept. 24, 1983, ; , title VI, § 632(a)(2), Oct. 19, 1984, ; , § 19(13), Oct. 30, 1984, ; , title VI, § 652(b), Nov. 8, 1985, ; , div. A, title VI, § 604(f)(1)(C), Nov. 14, 1986, ; , div. A, title VII, § 721(b), Dec. 4, 1987, ; , div. A, title VI, § 646(b), Sept. 29, 1988, ; , div. A, title VII, § 731(c)(2), title XVI, § 1621(a)(3), Nov. 29, 1989, , 1603; , div. A, title VII, § 712(b), Nov. 5, 1990, ; , div. A, title VII, § 704(a), (b)(1), Dec. 5, 1991, ; , div. A, title VII, §§ 703(a),
, Oct. 23, 1992, ; , title II, § 203(b)(2), May 31, 1993, ; , div. A, title VII, § 716(b)(2), Nov. 30, 1993, ; , div. A, title VII, § 711, Oct. 5, 1994, ; , div. A, title VII, § 732, Feb. 10, 1996, ; , div. A, title VII, § 734(a)(2), (b)(2), Sept. 23, 1996, ; , § 1 [[div. A], title VII, §§ 712(a)(1),
759], Oct. 30, 2000, , 1654A–176, 1654A–200; , title IX, § 900(e)(4)(A), Dec. 8, 2003, .)
References in Text
The Social Security Act, referred to in subsec. (d), is act Aug. 14, 1935, ch. 531, , as amended. Title XVIII of the Act is classified generally to subchapter XVIII (§ 1395 et seq.) of chapter
of Title
, The Public Health and Welfare. Parts A and B of title XVIII of the Act are classified generally to parts A (§ 1395c et seq.) and B (§ 1395j et seq.), respectively, of subchapter
of chapter
of Title
. For complete classification of this Act to the Code, see section
of Title
and Tables.
Prior Provisions
A prior section
, act Aug. 10, 1956, ch. 1041, 70A Stat. 88, authorized the mailing of official post cards, ballots, voting instructions, and envelopes, free of postage, prior to repeal by , § 36(B)(5), Sept. 2, 1958, , as superseded by the Federal Voting Assistance Act of 1955 which is classified to subchapter I–D (§ 1973cc et seq.) of chapter
of Title
, The Public Health and Welfare.
Amendments
2003—Subsec. (d)(4). substituted “Administrator of the Centers for Medicare & Medicaid Services” for “administrator of the Health Care Financing Administration” in last sentence.
2000—Subsec. (b)(4). , § 1 [[div. A], title VII, § 759], substituted “$3,000” for “$7,500”.
Subsec. (d)(2). , § 1 [[div. A], title VII, § 712(a)(1)(A)], added par. (2) and struck out former par. (2) which read as follows: “The prohibition contained in paragraph (1) shall not apply in the case of a person referred to in subsection (c) who—
“(A) is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act pursuant to subparagraph (A) or (C) of section 226(b)(2) of such Act ( U.S.C.
) or section 226A(a) of such Act ( U.S.C.
);
“(B) is under 65 years of age; and
“(C) is enrolled in the supplementary medical insurance program under part B of such title ( U.S.C. et seq.).”
Subsec. (d)(4). , § 1 [[div. A], title VII, § 712(a)(1)(B)], substituted “subparagraph (B) of paragraph (2) who do not satisfy the condition specified in subparagraph (A) of such paragraph” for “paragraph (1) who satisfy only the criteria specified in subparagraphs (A) and (B) of paragraph (2), but not subparagraph (C) of such paragraph,”.
1996—Subsec. (d)(4). added par. (4).
Subsec. (e). substituted “inpatient medical care” for “benefits” in first sentence and “subsections (b) and (c) of section
” for “section
” in last sentence.
1994—Subsec. (d)(3). added par. (3) and struck out former par. (3) which read as follows: “If a person described in paragraph (2) receives medical or dental care for which payment may be made under both title XVIII of the Social Security Act ( U.S.C. et seq.) and a plan contracted for under subsection (a), the amount payable for that care under the plan may not exceed the difference between—
“(A) the sum of any deductibles, coinsurance, and balance billing charges that would be imposed on the person if payment for that care were made solely under that title; and
“(B) the sum of any deductibles, coinsurance, and balance billing charges that would be imposed on the person if payment for that care were made solely under the plan.”
1993—Subsec. (d). made technical amendment to directory language of , § 704(a). See 1991 Amendment note below.
Subsec. (e). inserted at end “In addition, section
of this title shall apply in making the determination whether to issue a nonavailability of health care statement for a person covered by this section.”
1992—Subsec. (b)(4). , § 703(a), substituted “$7,500” for “$10,000”.
Subsec. (d)(2)(A). , § 705(a), inserted before semicolon “or section 226A(a) of such Act ( U.S.C.
)”.
1991—Subsec. (c). , § 704(b)(1)(A), substituted “Except as provided in subsection (d), the following” for “The following” in introductory provisions and struck out at end “However, a person who is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act ( U.S.C. et seq.) is not eligible for health benefits under this section.”
Subsec. (d). , § 704(a), as amended by , added subsec. (d) and struck out former subsec. (d) which read as follows: “The provisions of section
of this title shall apply to a plan covered by this section.”
Subsec. (g). , § 704(b)(1)(B), substituted “Section
of this title shall apply to a plan contracted for under this section, except that” for “Notwithstanding subsection (d) or any other provision of this chapter,”.
1990—Subsec. (b)(1), (2). substituted “$150” for “$50” in par. (1) and “$300” for “$100” in par. (2).
1989—Subsec. (c)(3). , § 731(c)(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “A dependent covered by section
of this title.”
Subsec. (g). , § 1621(a)(3), substituted “facilities of the Department of Veterans Affairs” for “Veterans’ Administration facilities”.
1988—Subsec. (b)(3). , § 646(b)(1), inserted provision authorizing Secretary of Defense to exempt a patient from paying such charges if the hospital to which the patient is admitted does not impose a legal obligation on any of its patients to pay for inpatient care.
Subsec. (h). , § 646(b)(2), added subsec. (h).
1987—Subsec. (b)(4). added par. (4).
1986—Subsec. (c)(2)(B). inserted reference to disease.
1985—Subsec. (c)(2). amended par. (2) generally. Prior to amendment, par. (2) read as follows: “A dependent of a member of a uniformed service who died while on active duty for a period of more than thirty days, except a dependent covered by section
of this title.”
1984—Subsec. (a). , § 19(13)(A), substituted reference to other administering Secretaries for reference to Secretary of Health and Human Services.
inserted “However, eye examinations may not be provided under such plans for persons covered by subsection (c).”
Subsec. (e). , § 19(13)(B), substituted reference to the administering Secretaries for reference to the Secretary of Defense and the Secretary of Health and Human Services.
1983—Subsec. (d). substituted “The provisions of section
of this title shall apply to a plan covered by this section” for “No benefits shall be payable under any plan covered by this section in the case of a person enrolled in any other insurance, medical service, or health plan provided by law or through employment unless that person certifies that the particular benefit he is claiming is not payable under the other plan”.
1982—Subsec. (c)(3). added par. (3).
1981—Subsec. (f). substituted “services by an individual health-care professional (or other noninstitutional health-care provider)” for “physician services”.
1980—Subsec. (a). , § 511(36), substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”.
Subsec. (b). , § 511(39)(A), substituted “percent” for “per centum” wherever appearing.
Subsec. (c). , §§ 501(14),
, substituted “section
” for “section
” in pars. (1) and (2) and, in provisions following par. (2), substituted “part A of title XVIII of the Social Security Act ( U.S.C. et seq.)” for “title I of the Social Security Amendments of 1965 ()”.
1979—Subsec. (g). added subsec. (g).
1978—Subsec. (f). added subsec. (f).
Effective Date of 2000 Amendment
, § 1 [[div. A], title VII, § 712(a)(3)], Oct. 30, 2000, , 1654A–177, provided that: “The amendments made by paragraphs (1) and (2) [amending this section and section
of Title
, The Public Health and Welfare] shall take effect on October 1, 2001.”
Effective Date of 1992 Amendment
Section 703(b) of provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to fiscal years beginning after September 30, 1992.”
Effective Date of 1991 Amendment
Section 704(c) of , which provided that subsection (d) of this section was to apply with respect to health care benefits or services received by a person described in such subsection on or after Dec. 5, 1991, was repealed by , div. A, title VII, § 705(c)(1), Oct. 23, 1992, .
Effective Date of 1990 Amendment
Amendment by applicable with respect to health care provided under this section and section
of this title on or after Apr. 1, 1991, see section 712(c) of , set out as a note under section
of this title.
Effective Date of 1989 Amendment
Amendment by section 731(c)(2) of applicable to a person referred to in U.S.C.
whose decree of divorce, dissolution, or annulment becomes final on or after Nov. 29, 1989, and to a person so referred to whose decree became final during the period from Sept. 29, 1988 to Nov. 28, 1989, as if the amendment had become effective on Sept. 29, 1988, see section 731(d) of , set out as a note under section
of this title.
Effective Date of 1988 Amendment
Amendment by applicable with respect to medical care received after September 30, 1988, see section 646(c) of , set out as a note under section
of this title.
Effective Date of 1987 Amendment
Amendment by applicable with respect to fiscal years beginning after September 30, 1987, see section 721(c) of , set out as a note under section
of this title.
Effective Date of 1986 Amendment
Amendment by applicable with respect to persons who, after Nov. 14, 1986, incur or aggravate an injury, illness, or disease or die, see section 604(g) of , set out as a note under section
of this title.
Effective Date of 1985 Amendment
Amendment by applicable only with respect to dependents of members of the uniformed services whose deaths occur after Sept. 30, 1985, see section 652(c) of , set out as a note under section
of this title.
Effective Date of 1984 Amendment
Amendment by applicable only to health care furnished after Sept. 30, 1984, see section 632(a)(3) of , set out as a note under section
of this title.
Effective Date of 1983 Amendment
Amendment by effective Oct. 1, 1983, see section 931(c) of , set out as a note under section
of this title.
Effective Date of 1982 Amendment; Transition Provisions
Amendment by effective Feb. 1, 1983, and applicable in the case of any former spouse of a member or former member of the uniformed services whether final decree of divorce, dissolution, or annulment of marriage of former spouse and such member or former member is dated before, on, or after Feb. 1, 1983, see section 1006 of , set out as an Effective Date; Transition Provisions note under section
of this title.
Effective Date of 1981 Amendment
Amendment by to apply with respect to claims submitted for payment for services provided after the end of the 30-day period beginning on Dec. 1, 1981, see section 906(b) of , set out as a note under section
of this title.
Effective Date of 1980 Amendment
Amendment by section 501(14) of effective Sept. 15, 1981, and amendment by section 511(36), (39) of effective Dec. 12, 1980, see section 701 of , set out as a note under section
of this title.
Effective Date of 1979 Amendment
Section 2 of provided that: “The amendment made by the first section of this Act [amending this section] shall take effect on October 1, 1979.”
Effective Date of 1978 Amendment
Amendment by applicable with respect to claims submitted for payment for services provided on or after the first day of the first calendar year beginning after Oct. 20, 1978, see section 806(b) of , set out as a note under section
of this title.
Effective Date
For effective date of section, see section 3 of , set out as a note under section
of this title.
Transitional Authority To Provide Continued Health Care Coverage for Certain Persons Unaware of Loss of CHAMPUS Eligibility
, div. A, title VII, § 704, Oct. 17, 1998, , provided that:
“(a) Transitional Coverage.—The administering Secretaries may continue eligibility of a person described in subsection (b) for health care coverage under the Civilian Health and Medical Program of the Uniformed Services based on a determination that such continuation is appropriate to assure health care coverage for any such person who may have been unaware of the loss of eligibility to receive health benefits under that program.
“(b) Persons Eligible.—A person shall be eligible for transitional health care coverage under subsection (a) if the person—
“(1) is a person described in paragraph (1) of subsection (d) of section
of title 10, United States Code;
“(2) in the absence of such paragraph, would be eligible for health benefits under such section; and
“(3) satisfies the criteria specified in subparagraphs (A) and (B) of paragraph (2) of such subsection.
“(c) Extent of Transitional Authority.—The authority to continue eligibility under this section shall apply with respect to health care services provided between October 1, 1998, and July 1, 1999.
“(d) Definition.—In this section, the term ‘administering Secretaries’ has the meaning given that term in section
of title
, United States Code.”
Waiver of Collection of Payments Due From Certain Persons Unaware of Loss of CHAMPUS Eligibility
Section 743 of provided that:
“(a) Authority To Waive Collection.—The administering Secretaries may waive the collection of payments otherwise due from a person described in subsection (b) as a result of the receipt by the person of health benefits under section
of title
, United States Code, after the termination of the person’s eligibility for such benefits.
“(b) Persons Eligible for Waiver.—A person shall be eligible for relief under subsection (a) if the person—
“(1) is a person described in paragraph (1) of subsection (d) of section
of title 10, United States Code;
“(2) in the absence of such paragraph, would have been eligible for health benefits under such section; and
“(3) at the time of the receipt of such benefits, satisfied the criteria specified in subparagraphs (A) and (B) of paragraph (2) of such subsection.
“(c) Extent of Waiver Authority.—The authority to waive the collection of payments pursuant to this section shall apply with regard to health benefits provided under section
of title
, United States Code, to persons described in subsection (b) during the period beginning on January 1, 1967, and ending on the later of—
“(1) the termination date of any special enrollment period provided under title XVIII of the Social Security Act ( U.S.C. et seq.) specifically for such persons; and
“(2) July 1, 1996.
“(d) Definitions.—For purposes of this section, the term ‘administering Secretaries’ has the meaning given such term in section
of title
, United States Code.”
Minimum Amount Payable for Services Provided Under This Section
, title VIII, § 8052, Sept. 30, 1994, , provided that: “Notwithstanding any other provision of law, of the funds appropriated for the Defense Health Program during this fiscal year and hereafter, the amount payable for services provided under this section shall not be less than the amount calculated under the coordination of benefits reimbursement formula utilized when CHAMPUS is a secondary payor to medical insurance programs other than Medicare, and such appropriations as necessary shall be available (notwithstanding the last sentence of section
of title
, United States Code) to continue Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) benefits, until age 65, under such section for a former member of a uniformed service who is entitled to retired or retainer pay or equivalent pay, or a dependent of such a member, or any other beneficiary described by section
of title
, United States Code, who becomes eligible for hospital insurance benefits under part A of title XVIII of the Social Security Act ( U.S.C. et seq.) [ U.S.C. et seq.] solely on the grounds of physical disability, or end stage renal disease: Provided, That expenses under this section shall only be covered to the extent that such expenses are not covered under parts A and B of title XVIII of the Social Security Act [ U.S.C. et seq., et seq.] and are otherwise covered under CHAMPUS: Provided further, That no reimbursement shall be made for services provided prior to October 1, 1991.”
Authorization To Apply Section 1079 Payment Rules for Spouse and Children of Member Who Dies While on Active Duty
, div. A, title VII, § 704, Nov. 30, 1993, , provided that in the case of an eligible dependent of a member of a uniformed service who died while on active duty for a period of more than 30 days, the administering Secretary could apply the payment provisions set forth in section
of this title (in lieu of the payment provisions set forth in section
of this title), with respect to health benefits received by the dependent under such section
in connection with an illness or medical condition for which the dependent was receiving treatment under chapter
of this title at time of death of the member, prior to repeal by , div. A, title VII, § 707(d), Oct. 5, 1994, .
[Section 707(d) of provided in part that: “The repeal of such section [section 704 of , formerly set out above] shall not terminate the special payment rules provided in such section with respect to any person eligible for such payment rules on the date of the enactment of this Act [Oct. 5, 1994].”]
Coverage of Care Provided Since September 30, 1991
Section 705(b) of provided that: “Subsection (d) of section
of title 10, United States Code, as added by section 704(a) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; ) and amended by subsection (a) of this section, shall apply with respect to health care benefits or services received after September 30, 1991, by a person described in subsection (d)(2) of such section
if such benefits or services would have been covered under a plan contracted for under such section
.”
Section Referred to in Other Sections
This section is referred to in sections
,
,
,
,
,
,
,
,
,
,
,
,
,
,
of this title; title
sections
,
,
.
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