Notes on 5 U.S.C. § 8902 : US Code - Notes
Search Notes on 5 U.S.C. § 8902 : US Code - Notes
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 601; Pub. L. 93-246, Sec.
3, Jan. 31, 1974, 88 Stat. 4; Pub. L. 93-363, Sec. 1, July 30,
1974, 88 Stat. 398; Pub. L. 94-183, Sec. 2(43), Dec. 31, 1975, 89
Stat. 1059; Pub. L. 94-460, title I, Sec. 110(b), Oct. 8, 1976, 90
Stat. 1952; Pub. L. 95-368, Sec. 1, Sept. 17, 1978, 92 Stat. 606;
Pub. L. 95-454, title IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92
Stat. 1224; Pub. L. 96-179, Sec. 3, Jan. 2, 1980, 93 Stat. 1299;
Pub. L. 98-615, Sec. 3(2), Nov. 8, 1984, 98 Stat. 3203; Pub. L. 99-
53, Sec. 2(a), June 17, 1985, 99 Stat. 94; Pub. L. 99-251, title
I, Secs. 105(b), 106(a)(3), Feb. 27, 1986, 100 Stat. 15, 16; Pub.
L. 100-202, Sec. 101(m) [title VI, Sec. 626], Dec. 22, 1987, 101
Stat. 1329-390, 1329-430; Pub. L. 100-654, title II, Secs. 201(b),
202(a), Nov. 14, 1988, 102 Stat. 3845; Pub. L. 101-508, title VII,
Sec. 7002(a), Nov. 5, 1990, 104 Stat. 1388-329; Pub. L. 101-509,
title IV, Sec. 1, Nov. 5, 1990, 104 Stat. 1421; Pub. L. 102-393,
title V, Sec. 537(a), (b), Oct. 6, 1992, 106 Stat. 1765; Pub. L.
105-12, Sec. 9(g), Apr. 30, 1997, 111 Stat. 27; Pub. L. 105-266,
Secs. 3(c), 8, Oct. 19, 1998, 112 Stat. 2366, 2370.)
HISTORICAL AND REVISION NOTES
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Derivation U.S. Code Revised Statutes and
Statutes at Large
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5 U.S.C. 3005. Sept. 28, 1959, Pub. L.
86-382, Sec. 6, 73 Stat.
712.
Mar. 17, 1964, Pub. L.
88-284, Sec. 1(7)-(9), 78
Stat. 165.
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Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
REFERENCES IN TEXT
Section 1310(d)(1) of title XIII of the Public Health Service Act
(42 U.S.C. 300c-9(d)), referred to in subsec. (l), probably is
intended as a reference to section 300e-9(d) of Title 42, The
Public Health and Welfare. Section 300e-9(d) of Title 42 was
redesignated section 300e-9(c) of Title 42 by Pub. L. 100-517, Sec.
7(b), Oct. 24, 1988, 102 Stat. 2580.
The Assisted Suicide Funding Restriction Act of 1997, referred to
in subsec. (o), is Pub. L. 105-12, Apr. 30, 1997, 111 Stat. 23,
which is classified principally to chapter 138 (Sec. 14401 et seq.)
of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 14401 of Title 42 and Tables.
CODIFICATION
Another section 1 of title IV of Pub. L. 101-509, 104 Stat. 1416,
enacted sections 2701 to 2706 of Title 44, Public Printing and
Documents, and provisions set out as a note under section 2102 of
Title 44.
AMENDMENTS
1998 - Subsec. (k)(2), (3). Pub. L. 105-266, Sec. 8, added par.
(2) and redesignated former par. (2) as (3).
Subsec. (m)(1). Pub. L. 105-266, Sec. 3(c), added par. (1) and
struck out former par. (1) which read as follows: "The provisions
of any contract under this chapter which relate to the nature or
extent of coverage or benefits (including payments with respect to
benefits) shall supersede and preempt any State or local law, or
any regulation issued thereunder, which relates to health insurance
or plans to the extent that such law or regulation is inconsistent
with such contractual provisions."
1997 - Subsec. (o). Pub. L. 105-12 added subsec. (o).
1992 - Pub. L. 102-393 amended subsec. (k) generally. Prior to
amendment, subsec. (k) read as follows:
"(1) When a contract under this chapter requires payment or
reimbursement for services which may be performed by a clinical
psychologist, optometrist, nurse midwife, or nurse
practitioner/clinical specialist, licensed or certified as such
under Federal or State law, as applicable, or by a qualified
clinical social worker as defined in section 8901(11), an employee,
annuitant, family member, former spouse, or person having continued
coverage under section 8905a of this title covered by the contract
shall be free to select, and shall have direct access to, such a
clinical psychologist, qualified clinical social worker,
optometrist, nurse midwife, or nurse practitioner/nurse clinical
specialist without supervision or referral by another health
practitioner and shall be entitled under the contract to have
payment or reimbursement made to him or on his behalf for the
services performed.
"(2) The provisions of this subsection shall not apply to group
practice prepayment plans."
1990 - Subsec. (k)(1). Pub. L. 101-509 substituted "performed by
a clinical psychologist, optometrist, nurse midwife, or nurse
practitioner/clinical specialist" for "performed by a clinical
psychologist or optometrist" and "qualified clinical social worker,
optometrist, nurse midwife, or nurse practitioner/nurse clinical
specialist" for "qualified clinical social worker or optometrist".
Subsec. (n). Pub. L. 101-508 added subsec. (n).
1988 - Subsecs. (g), (j), (k)(1). Pub. L. 100-654 substituted
"former spouse, or person having continued coverage under section
8905a of this title" for "or former spouse" wherever appearing.
1987 - Subsec. (k)(1). Pub. L. 100-202, Sec. 101(m) [title VI,
Sec. 626(1), (2)], inserted "or by a qualified clinical social
worker as defined in section 8901(11)," after "as applicable,", and
", qualified clinical social worker" after "such a clinical
psychologist".
Subsec. (k)(2), (3). Pub. L. 100-202, Sec. 101(m) [title VI, Sec.
626(3)], redesignated par. (3) as (2) and struck out former par.
(2) which read as follows: "When a contract under this chapter
requires payment or reimbursement for services which may be
performed by a qualified clinical social worker, an employee,
annuitant, family member, or former spouse covered by the contract
shall be entitled under the contract to have payment or
reimbursement made to him or on his behalf for the services
performed. As a condition for the payment or reimbursement, the
contract -
"(A) may require that the services be performed pursuant to a
referral by a psychiatrist; but
"(B) may not require that the services be performed under the
supervision of a psychiatrist or other health practitioner."
Subsec. (m)(2)(A). Pub. L. 100-202, Sec. 101(m) [title VI, Sec.
626(4)], struck out "This paragraph shall apply with respect to a
qualified clinical social worker covered by subsection (k)(2) of
this section without regard to whether such contract contains the
requirement authorized by clause (i) of the second sentence of
subparagraph (A) of such subsection (k)(2)."
1986 - Subsec. (k). Pub. L. 99-251, Sec. 105(b), designated
existing provisions as par. (1), struck out last sentence providing
that the provisions of this subsection shall not apply to group
practice prepayment plans, and added pars. (2) and (3).
Subsec. (m)(2)(A). Pub. L. 99-251, Sec. 106(a)(3), inserted last
sentence relating to applicability of this paragraph with respect
to a qualified clinical social worker covered by subsection (k)(2)
of this section.
1985 - Subsecs. (a), (e), (i). Pub. L. 99-53 inserted reference
to section 8903a of this title.
1984 - Subsec. (g). Pub. L. 98-615, Sec. 3(2)(A), substituted
"employee, annuitant, family member, or former spouse" for
"employee or annuitant" in two places.
Subsecs. (j), (k). Pub. L. 98-615, Sec. 3(2)(B), substituted
"family member, or former spouse" for "or family member".
1980 - Subsec. (m)(2)(A). Pub. L. 96-179 substituted "in a State
where 25 percent or more of the population is located in primary
medical care manpower shortage areas designated pursuant to section
332 of the Public Health Service Act (42 U.S.C. 254e)" for "who is
a member of a medically underserved population (within the meaning
of section 1302(7) of the Public Health Service Act (42 U.S.C. 300e-
17))".
1978 - Subsecs. (a), (c) to (e), (i), (j), (l). Pub. L. 95-454
substituted "Office of Personnel Management" for "Civil Service
Commission" and "Office" for "Commission" wherever appearing.
Subsec. (m). Pub. L. 95-368 added subsec. (m).
1976 - Subsec. (l). Pub. L. 94-460 added subsec. (l).
1975 - Subsecs. (j), (k). Pub. L. 94-183 redesignated subsec.
(j), added by Pub. L. 93-363 and relating to services performed by
a clinical psychologist or optometrist, as (k).
1974 - Subsec. (j). Pub. L. 93-363 added subsec. (j) covering
services performed by a clinical psychologist or optometrist.
Pub. L. 93-246 added subsec. (j) requiring the carrier to pay for
or provide a health service or supply in specified cases.
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105-12 effective Apr. 30, 1997, and
applicable to Federal payments made pursuant to obligations
incurred after Apr. 30, 1997, for items and services provided on or
after such date, subject to also being applicable with respect to
contracts entered into, renewed, or extended after Apr. 30, 1997,
as well as contracts entered into before Apr. 30, 1997, to the
extent permitted under such contracts, see section 11 of Pub. L.
105-12, set out as an Effective Date note under section 14401 of
Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1992 AMENDMENT
Section 537(c) of Pub. L. 102-393 provided that: "The amendments
made by this section [amending this section] shall be effective
with respect to contract years beginning after the date of
enactment of this Act [Oct. 6, 1992]."
EFFECTIVE DATE OF 1990 AMENDMENT
Section 7002(g) of Pub. L. 101-508 provided that: "Except as
provided in subsection (f) [set out as a note under section 8904 of
this title], the amendments made by this section [amending this
section, sections 8904, 8909, and 8910 of this title, and
provisions set out as a note under section 8906 of this title]
shall apply with respect to contract years beginning on or after
January 1, 1991."
EFFECTIVE DATE OF 1988 AMENDMENT
Section 203 of title II of Pub. L. 100-654 provided that:
"(a) In General. - The amendments made by this title [enacting
section 8905a of this title and amending this section and sections
8903, 8905, and 8909 of this title] shall apply with respect to -
"(1) any calendar year beginning, and contracts entered into or
renewed for any calendar year beginning, after the end of the 9-
month period beginning on the date of the enactment of this Act
[Nov. 14, 1988]; and
"(2) any qualifying event occurring on or after the first day
of the first calendar year beginning after the end of the 9-month
period referred to in paragraph (1).
"(b) Definition. - For the purpose of this section, the term
'qualifying event' means any of the following events:
"(1) A separation from Government service.
"(2) A divorce, annulment, or legal separation.
"(3) Any change in circumstances which causes an individual to
become ineligible to be considered an unmarried dependent child
under chapter 89 of such title [section 8901 et seq. of this
title]."
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 105(b) of Pub. L. 99-251 effective with
respect to contracts entered into or renewed for calendar years
beginning after Dec. 31, 1986, see section 105(c) of Pub. L. 99-
251, set out as a note under section 8901 of this title.
Section 106(b) of Pub. L. 99-251 provided that: "The amendments
made by subsection (a) [amending this section and provisions set
out as notes under this section] shall take effect with respect to
services provided after December 31, 1984."
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-615 effective May 7, 1985, with
enumerated exceptions, and applicable to any individual who is
married to an employee or annuitant on or after that date, see
section 4(a)(2) of Pub. L. 98-615, as amended, set out as a note
under section 8341 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Section 5(b) of Pub. L. 96-179, as amended by Pub. L. 99-251,
title I, Sec. 106(a)(2), Feb. 27, 1986, 100 Stat. 16, provided
that: "The amendments made by section 3 [amending this section]
shall apply to services provided after December 31, 1979, under any
contract entered into or renewed after December 31, 1979."
EFFECTIVE DATE OF 1978 AMENDMENTS
Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,
1978, see section 907 of Pub. L. 95-454, set out as a note under
section 1101 of this title.
Section 3 of Pub. L. 95-368, as amended by Pub. L. 99-251, title
I, Sec. 106(a)(1), Feb. 27, 1986, 100 Stat. 16, provided that: "The
provisions of section 8902(m)(2) of title 5, United States Code, as
added by the first section of this Act, shall apply to services
provided under any contract entered into or renewed after December
31, 1979."
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-460 effective Oct. 8, 1976, see section
118 of Pub. L. 94-460, set out as a note under section 300e of
Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1974 AMENDMENTS
Section 2 of Pub. L. 93-363 provided that: "The amendment made by
this Act [amending this section] shall become effective with
respect to any contract entered into or renewed on or after the
date of enactment of this Act [July 30, 1974]."
Section 4(c) of Pub. L. 93-246 provided that: "Section 3
[amending this section] shall become effective with respect to any
contract entered into or renewed on or after the date of enactment
of this Act [Jan. 31, 1974]."
FULL DISCLOSURE IN HEALTH PLAN CONTRACTS
Pub. L. 105-266, Sec. 5, Oct. 19, 1998, 112 Stat. 2368, provided
that: "The Office of Personnel Management shall encourage carriers
offering health benefits plans described by section 8903 or section
8903a of title 5, United States Code, with respect to contractual
arrangements made by such carriers with any person for purposes of
obtaining discounts from providers for health care services or
supplies furnished to individuals enrolled in such plan, to seek
assurance that the conditions for such discounts are fully
disclosed to the providers who grant them."
RATE REDUCTION FOR MEDICARE ELIGIBLE FEDERAL ANNUITANTS
Pub. L. 100-360, title IV, Sec. 422, July 1, 1988, 102 Stat. 810,
which directed the Office of Personnel Management to reduce the
rates charged medicare eligible individuals participating in health
benefit plans by a prorated amount, was repealed by Pub. L. 101-
234, title III, Sec. 301(a), Dec. 13, 1989, 103 Stat. 1985.
AUTHORITY OF CARRIER TO CONTRACT FOR COMPREHENSIVE MEDICAL SERVICES
FROM A GROUP PRACTICE UNIT OR ORGANIZATION
Pub. L. 91-515, title IV, Sec. 401, Oct. 30, 1970, 84 Stat. 1309,
authorized Secretary of Health, Education, and Welfare to permit
any carrier which is a party to a contract entered into under this
chapter or under the Retired Federal Employees Health Benefits Act,
or which participates in carrying out of any such contract, to
issue in any State contracts entitling any person as a beneficiary
to receive comprehensive medical services from a group practice
unit or organization with which such carrier has contracted or
otherwise arranged for the provision of such services.
(!1) See References in Text note below.