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NOTES:
Source
(Aug. 14, 1935, ch. 531, title XVIII, § 1817, as added , title I, § 102(a), July 30, 1965, ; amended , title I, § 169(a), Jan. 2, 1968, ; , title I, § 132(d), Oct. 30, 1972, ; , § 5, June 13, 1978, ; , title III, § 310(c), June 9, 1980, ; , § 1(b), Dec. 29, 1981, ; , title I, §§ 141(b),
, (2)(A), (3), (4),
154
(b), title III, § 341(b), Apr. 20, 1983, , 100, 101, 107, 135; , div. B, title III, §§ 2337(a),
2354
(b)(2), title VI, § 2663(j)(2)(F)(i), July 18, 1984, , 1100, 1170; , title IX, § 9213(b), Apr. 7, 1986, ; , § 2, Oct. 22, 1986, ; , title II, § 212(c)(3), July 1, 1988, ; , title VIII, § 8005(a), Nov. 10, 1988, ; , title II, § 202(a), Dec. 13, 1989, ; , title V, § 5106(c), Nov. 5, 1990, ; , title I, § 108(c)(1), Aug. 15, 1994, ; , title II, § 201(b), Aug. 21, 1996, ; , title IV, § 4318, Aug. 5, 1997, ; , div. B, § 1000(a)(6) [title III, § 321(j)(1)], Nov. 29, 1999, , 1501A–366.)
References in Text
The Internal Revenue Code of 1986, referred to in subsecs. (a)(1), (2), (f)(1), and (k)(2)(C), is classified generally to Title 26, Internal Revenue Code. Subtitle F of such Code appears at section
et seq. of Title 26.
Sections 242(b) and 249(b) of the health insurance Portability and Accountability Act of 1996, referred to in subsec. (k)(2)(A)(ii), are sections 242(b) and 249(b) of , which are set out as notes under this section.
The employee Retirement Income Security Act of 1974, referred to in subsec. (k)(2)(D), is , Sept. 2, 1974, , as amended. Title I of the Act is classified generally to subchapter I (§ 1001 et seq.) of chapter
of Title
, Labor. For complete classification of this Act to the Code, see Short Title note set out under section
of Title
and Tables.
Amendments
1999—Subsec. (k)(2)(C)(i). substituted “section
” for “section
982
(a)(6)(B)”.
1997—Subsec. (k)(6). inserted “June 1, 1998, and” after “Not later than” in introductory provisions.
1996—Subsec. (k). added subsec. (k).
1994—Subsec. (a). , § 108(c)(1)(A), substituted “Commissioner of Social Security” for “Secretary of Health and Human Services” wherever appearing.
Subsec. (b). , § 108(c)(1)(B), inserted “the Commissioner of Social Security,” after “composed of” in introductory provisions.
Subsec. (f)(1). , § 108(c)(1)(C), substituted “Commissioner of Social Security” for “Secretary of Health and Human Services” in two places.
1990—Subsec. (i). inserted at end “The amount available for payment under this subsection for travel by a representative to attend an administrative proceeding before an administrative law judge or other adjudicator shall not exceed the maximum amount allowable under this subsection for such travel originating within the geographic area of the office having jurisdiction over such proceeding.”
1989—Subsec. (b). repealed , § 212(c)(3), 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 note below.
1988—Subsec. (b). 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.”
inserted after sixth sentence “Such report shall also identify (and treat separately) those outlays from the Trust Fund which are also outlays from the Medicare Catastrophic Coverage Account created under section
of this title and those outlays for which there are amounts transferred into the Federal Hospital Insurance Catastrophic Coverage Reserve Fund.”
1986—Subsec. (a)(1), (2). substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
Subsec. (b). struck out provision at end of penultimate sentence that certification shall not refer to economic assumptions underlying Trustee’s report.
Subsec. (f)(1). substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954” wherever appearing.
1984—Subsec. (a). , § 2337(a), in provisions following par. (2) substituted “from time to time” for “monthly on the first day of each calendar month”, “paid to or deposited into the Treasury” for “to be paid to or deposited into the Treasury during such month”, and struck out provision that all amounts transferred to the Trust Fund under the preceding sentence had to be invested by the Managing Trustee in the same manner and to the same extent as the other assets of the Trust Fund, and the Trust Fund had to pay interest to the general fund on the amount so transferred on the first day of any month at a rate (calculated on a daily basis, and applied against the difference between the amount so transferred on such first day and the amount which would have been transferred to the Trust Fund up to that day under the procedures in effect on January 1, 1983) equal to the rate earned by the investments of the Trust Fund in the same month under subsec. (c).
Subsec. (a)(1), (2). , § 2663(j)(2)(F)(i), substituted “Health and Human Services” for “Health, Education, and Welfare” wherever appearing.
Subsec. (c). , § 2354(b)(2), substituted “under chapter
of title
” for “under the Second Liberty Bond Act, as amended”.
Subsecs. (f)(1), (g), (h). , § 2663(j)(2)(F)(i), substituted “Health and Human Services” for “Health, Education, and Welfare” wherever appearing.
1983—Subsec. (a). , § 141(b)(1)(A), in provisions following par. (2) substituted “monthly on the first day of each calendar month” for “from time to time”, substituted “to be paid to or deposited into the Treasury during such month” for “paid to or deposited into the Treasury”, and inserted provision that all amounts transferred to the Trust Fund under existing provisions shall be invested by the Managing Trustee in the same manner and to the same extent as the other assets of the Trust Fund; and the Trust Fund shall pay interest to the general fund on the amount so transferred on the first day of any month at a rate (calculated on a daily basis, and applied against the difference between the amount so transferred on such first day and the amount which would have been transferred to the Trust Fund up to that day under the procedures in effect on Jan. 1, 1983) equal to the rate earned by the investments of the Trust Fund in the same month under subsection (c).
Subsec. (b). , § 341(b)(1), substituted in provisions preceding par. (1) “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”.
, § 154(b), 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.
, § 341(b)(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.
Subsec. (j)(1). , § 142(b)(1), substituted reference to January 1988 for reference to January 1983 and inserted “, subject to paragraph (5),” after “may”.
Subsec. (j)(2). , § 142(b)(2)(A), substituted “on the last day of each month after such loan is made” for “from time to time”, substituted “the total interest accrued to such day” for “interest”, and inserted “(even if such an investment would earn interest at a rate different than the rate earned by investments redeemed by the lending fund in order to make the loan)”.
Subsec. (j)(3)(A). , § 142(b)(3), designated existing provisions as subpar. (A) and added subpars. (B) and (C).
Subsec. (j)(5). , § 142(b)(4), added par. (5).
1981—Subsec. (j). added subsec. (j).
1980—Subsec. (i). added subsec. (i).
1978—Subsec. (b). substituted “Administrator of the Health Care Financing Administration” for “Commissioner of Social Security” in provisions preceding par. (1).
1972—Subsec. (a). inserted “such gifts and bequests as may be made as provided in section
of this title, and” after “consist of” and before “such amounts” in provisions preceding par. (1).
1968—Subsec. (b)(2). substituted “April” for “March”.
Effective Date of 1999 Amendment
, div. B, § 1000(a)(6) [title III, § 321(j)(2)], Nov. 29, 1999, , 1501A–366, provided that: “The amendment made by this subsection [amending this section] shall take effect as if included in the amendment made by section 201 of the health insurance Portability and Accountability Act of 1996 (Public Law 104–191; ).”
Effective Date of 1994 Amendment
Amendment by effective Mar. 31, 1995, see section 110(a) of , set out as a note under section
of this title.
Effective Date of 1990 Amendment
Amendment by applicable with respect to determinations made on or after July 1, 1991, and to reimbursement for travel expenses incurred on or after Apr. 1, 1991, see section 5106(d) of , set out as a note under section
of this title.
Effective Date of 1989 Amendment
Amendment by effective Jan. 1, 1990, see section 202(b) of , set out as a note under section
of this title.
Effective Date of 1988 Amendment
Amendment by applicable to members of Board of Trustees of Federal Hospital Insurance Trust Fund serving on such Board as members of the public on or after Nov. 10, 1988, see section 8005(b) of , set out as a note under section
of this title.
Effective Date of 1984 Amendment
Section 2337(b) of provided that: “The amendments made by subsection (a) [amending this section] shall become effective on the first day of the month following the month in which this Act is enacted [July 1984].”
Amendment by section 2354(b)(2) of 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 , set out as a note under section
of this title.
Amendment by section 2663(j)(2)(F)(i) of 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(b) of , set out as a note under section
of this title.
Effective Date of 1983 Amendment
Amendment by section 141(b) of effective on first day of month following April 1983, see section 141(c) of , set out as a note under section
of this title.
Section 142(b)(2)(B) of provided that: “The amendment made by this paragraph [amending this section] shall apply with respect to months beginning more than 30 days after the date of enactment of this Act [Apr. 20, 1983].”
Amendment by sections 154(b) and 341(b) of effective Apr. 20, 1983, see sections 154(e) and 341(d) of , set out as notes under section
of this title.
Effective Date of 1981 Amendment
Amendment by effective Dec. 29, 1981, see section 1(c) of , set out as a note under section
of this title.
Effective Date of 1978 Amendment
Amendment by 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 on Apr. 1, 1979, see section 6 of , set out as a note under section
of this title.
Effective Date of 1972 Amendment
Amendment by applicable with respect to gifts and bequests received after Oct. 30, 1972, see section 132(f) of , set out as a note under section
of this title.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. (in which certain reporting requirements under subsec. (b)(2) of this section are listed in item 7 on page 143), see section 3003 of , as amended, and section
[div. A, § 1402(1)] of , set out as notes under section
of Title
, Money and Finance.
Criminal Fines Deposited in Federal Hospital Insurance Trust Fund
Section 242(b) of provided that: “The Secretary of the Treasury shall deposit into the Federal Hospital Insurance Trust Fund pursuant to section 1817(k)(2)(C) of the Social Security Act ( U.S.C. ) an amount equal to the criminal fines imposed under section
of title
, United States Code (relating to health care fraud).”
Property Forfeited Deposited in Federal Hospital Insurance Trust Fund
Section 249(c) of provided that:
“(1) In general.—After the payment of the costs of asset forfeiture has been made and after all restoration payments (if any) have been made, and notwithstanding any other provision of law, the Secretary of the Treasury shall deposit into the Federal Hospital Insurance Trust Fund pursuant to section 1817(k)(2)(C) of the Social Security Act [subsec. (k)(2)(C) of this section], as added by section
, an amount equal to the net amount realized from the forfeiture of property by reason of a Federal health care offense pursuant to section
of title
, United States Code.
“(2) Costs of asset forfeiture.—For purposes of paragraph (1), the term ‘payment of the costs of asset forfeiture’ means—
“(A) the payment, at the discretion of the Attorney General, of any expenses necessary to seize, detain, inventory, safeguard, maintain, advertise, sell, or dispose of property under seizure, detention, or forfeited, or of any other necessary expenses incident to the seizure, detention, forfeiture, or disposal of such property, including payment for—
“(i) contract services;
“(ii) the employment of outside contractors to operate and manage properties or provide other specialized services necessary to dispose of such properties in an effort to maximize the return from such properties; and
“(iii) reimbursement of any Federal, State, or local agency for any expenditures made to perform the functions described in this subparagraph;
“(B) at the discretion of the Attorney General, the payment of awards for information or assistance leading to a civil or criminal forfeiture involving any Federal agency participating in the Health Care Fraud and Abuse Control Account;
“(C) the compromise and payment of valid liens and mortgages against property that has been forfeited, subject to the discretion of the Attorney General to determine the validity of any such lien or mortgage and the amount of payment to be made, and the employment of attorneys and other personnel skilled in State real estate law as necessary;
“(D) payment authorized in connection with remission or mitigation procedures relating to property forfeited; and
“(E) the payment of State and local property taxes on forfeited real property that accrued between the date of the violation giving rise to the forfeiture and the date of the forfeiture order.
“(3) Restoration payment.—Notwithstanding any other provision of law, if the Federal health care offense referred to in paragraph (1) resulted in a loss to an employee welfare benefit plan within the meaning of section 3(1) of the employee Retirement Income Security Act of 1974 [ U.S.C.
], the Secretary of the Treasury shall transfer to such employee welfare benefit plan, from the amount realized from the forfeiture of property referred to in paragraph (1), an amount equal to such loss. For purposes of paragraph (1), the term ‘restoration payment’ means the amount transferred to an employee welfare benefit plan pursuant to this paragraph.”
Due Date for 1983 Report on Operation and Status of Trust Fund
Notwithstanding subsec. (b)(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 , set out as a note under section
of this title.
Section Referred to in Other Sections
This section is referred to in sections
,
,
,
,
,
,
,
,
,
,
,
,
,
of this title.
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