42 U.S.C. § 426a : US Code - Section 426A: Transitional provision on eligibility of uninsured individuals for hospital insurance benefits

Search 42 U.S.C. § 426a : US Code - Section 426A: Transitional provision on eligibility of uninsured individuals for hospital insurance benefits

(a) Entitlement to benefits
Anyone who -
(1) has attained the age of 65,
(2)(A) attained such age before 1968, or (B) has not less than
3 quarters of coverage (as defined in this subchapter or section
228e(l) of title 45), whenever acquired, for each calendar year
elapsing after 1966 and before the year in which he attained such
age,
(3) is not, and upon filing application for monthly insurance
benefits under section 402 of this title would not be, entitled
to hospital insurance benefits under section 426 of this title,
and is not certifiable as a qualified railroad retirement
beneficiary under section 228s-2 of title 45,
(4) is a resident of the United States (as defined in section
410(i) of this title), and is (A) a citizen of the United States
or (B) an alien lawfully admitted for permanent residence who has
resided in the United States (as so defined) continuously during
the 5 years immediately preceding the month in which he files
application under this section, and
(5) has filed an application under this section in such manner
and in accordance with such other requirements as may be
prescribed in regulations of the Secretary,
shall (subject to the limitations in this section) be deemed,
solely for purposes of section 426 of this title, to be entitled to
monthly insurance benefits under such section 402 for each month,
beginning with the first month in which he meets the requirements
of this subsection and ending with the month in which he dies, or,
if earlier, the month before the month in which he becomes (or upon
filing application for monthly insurance benefits under section 402
of this title would become) entitled to hospital insurance benefits
under section 426 of this title or becomes certifiable as a
qualified railroad retirement beneficiary. An individual who would
have met the preceding requirements of this subsection in any month
had he filed application under paragraph (5) hereof before the end
of such month shall be deemed to have met such requirements in such
month if he files such application before the end of the twelfth
month following such month. No application under this section which
is filed by an individual more than 3 months before the first month
in which he meets the requirements of paragraphs (1), (2), (3), and
(4) shall be accepted as an application for purposes of this
section.
(b) Persons ineligible
The provisions of subsection (a) of this section shall not apply
to any individual who -
(1) is, at the beginning of the first month in which he meets
the requirements of subsection (a), a member of any organization
referred to in section 410(a)(17) of this title,
(2) has, prior to the beginning of such first month, been
convicted of any offense listed in section 402(u) of this title,
or
(3)(A) at the beginning of such first month is covered by an
enrollment in a health benefits plan under chapter 89 of title 5,
(B) was so covered on February 16, 1965, or
(C) could have been so covered for such first month if he or
some other person had availed himself of opportunities to enroll
in a health benefits plan under such chapter and to continue such
enrollment (but this subparagraph shall not apply unless he or
such other person was a Federal employee at any time after
February 15, 1965).
Paragraph (3) shall not apply in the case of any individual for the
month (or any month thereafter) in which coverage under such a
health benefits plan ceases (or would have ceased if he had had
such coverage) by reason of his or some other person's separation
from Federal service, if he or such other person was not (or would
not have been) eligible to continue such coverage after such
separation.
(c) Authorization of appropriations
There are authorized to be appropriated to the Federal Hospital
Insurance Trust Fund (established by section 1395i of this title)
from time to time such sums as the Secretary deems necessary for
any fiscal year, on account of -
(1) payments made or to be made during such fiscal year from
such Trust Fund under part A of subchapter XVIII of this chapter
with respect to individuals who are entitled to hospital
insurance benefits under section 426 of this title solely by
reason of this section,
(2) the additional administrative expenses resulting or
expected to result therefrom, and
(3) any loss in interest to such Trust Fund resulting from the
payment of such amounts,
in order to place such Trust Fund in the same position at the end
of such fiscal year in which it would have been if the preceding
subsections of this section had not been enacted.