§ 1395ccc. Offset of payments to individuals to collect past-due obligations arising from breach of scholarship and loan contract

Footnotes

1. 1 So in original. Probably should be “individual’s”.
2. 2 See References in Text note below.
3. 3 So in original. Probably should be “individuals”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1935

   Pub. L. 100–203 title IV § 4052(a) · 101 Stat. 1330

   Enacted · 42 U.S.C. § 1395ccc

   Aug. 14, 1935, ch. 531, title XVIII, § 1892, as added Pub. L. 100–203, title IV, § 4052(a), Dec. 22, 1987, 101 Stat. 1330–95

   Source evidence

   Code source credit
   Aug. 14, 1935, ch. 531, title XVIII, § 1892, as added Pub. L. 100–203, title IV, § 4052(a), Dec. 22, 1987, 101 Stat. 1330–95

   Enacted provision · exact public law section
   (a) In General.— Title XVIII of the Social Security Act, as previously amended by this subtitle, is amended by adding at the end thereof the following new section: “offset of payments to physicians to collect past-due obligations arising from breach of scholarship contract “Sec. 1892. (a) In General.— “(1) (A) Subject to subparagraph (B), the Secretary shall enter into an agreement under this section with any physician who, by reason of a breach of a contract entered into by such physician pursuant to the National Health Service Corps Scholarship Program, owes a past-due obligation to the United States (as defined in subsection (b)). “(B) The Secretary shall not enter into an agreement with a physician under this section to the extent— “(i) (I) the physician has entered into a contract with the Secretary pursuant to section 204(a)(1) of the Public Health Service Amendments of 1987, and “(II) the physician has fulfilled or (as determined by the Secretary) is fulfilling the terms of such contract; or “(ii) the liability of the physician under such section 204(a)(1) has otherwise been relieved under such section; or “(iii) the physician is performing such physician’s service obligation under a forbearance agreement entered into with the Secretary under subpart II of part D of title III of the Public Health Service Act. “(2) The agreement under this section shall provide that— “(A) deductions shall be made from the amounts otherwise payable to the physician under this title, in accordance with a formula and schedule agreed to by the Secretary and the physician, until such past-due obligation (and accrued interest) have been repaid; “(B) payment under this title for services provided by such physician shall be made only on an assignment-related basis; “(C) if the physician does not provide services, for which payment would otherwise be made under this title, of a sufficient quantity to maintain the offset collection according to the agreed upon formula and schedule— “(i) the Secretary shall immediately inform the Attorney General, and the Attorney General shall immediately commence an action to recover the full amount of the past-due obligation, and “(ii) subject to paragraph (3), the Secretary shall immediately exclude the physician from the program under this title, until such time as the entire past-due obligation has been repaid. “(3) If the physician refuses to enter into an agreement or breaches any provision of the agreement— “(A) the Secretary shall immediately inform the Attorney General, and the Attorney General shall immediately commence an action to recover the full amount of the past-due obligation, and “(B) subject to paragraph (3), the Secretary shall immediately exclude the physician from the program under this title, until such time as the entire past-due obligation has been repaid. “(4) The Secretary shall not bar a physician pursuant to paragraph (2)(C)(ii) or paragraph (3)(B) if such physician is a sole community physician or sole source of essential specialized services in a community. “(b) Past-Due Obligation.— For purposes of this section, a past-due obligation is any amount— “(1) owed by a physician to the United States by reason of a breach of a scholarship contract under section 338E of the Public Health Service Act, and “(2) which has not been paid by the deadline established by the Secretary pursuant to section 338E of the Public Health Service Act, and has not been canceled, waived, or suspended by the Secretary pursuant to such section. “(c) Collection Under This Section Shall Not Be Exclusive.— This section shall not preclude the United States from applying other provisions of law otherwise applicable to the collection of obligations owed to the United States, including (but not limited to) the use of tax refund offsets pursuant to section 3720A of title 31, United States Code, and the application of other procedures provided under chapter 37 of title 31, United States Code. “(d) Collection from Providers and Health Maintenance Organizations.— “(1) In the case of a physician who owes a past-due obligation, and who is an employee of, or affiliated by a medical services agreement with, a provider having an agreement under section 1866 or a health maintenance organization or competitive medical plan having a contract under section 1833 or section 1876, the Secretary shall deduct the amounts of such past-due obligation from amounts otherwise payable under this title to such provider, organization, or plan. “(2) Deductions shall be in accordance with a formula and schedule agreed to by the Secretary, the physician and the provider, organization, or plan. The deductions shall be made from the amounts otherwise payable to the physician under this title as long as the physician continued to be employed or affiliated by a medical services agreement. “(3) Such deduction shall not be made until 6 months after the Secretary notifies the provider, organization, or plan of the amount to be deducted and the particular physicians to whom the deductions are attributable. “(4) A deduction made under this subsection shall relieve the physician of the obligation (to the extent of the amount collected) to the United States, but the provider, organization, or plan shall have a right of action to collect from such physician the amount deducted pursuant to this subsection (including accumulated interest). “(5) No deduction shall be made under this subsection if, within the 6-month period after notice is given to the provider, organization, or plan, the physician pays the past-due obligation, or ceases to be employed by the provider, organization, or plan. “(6) The Secretary shall also apply the provisions of this subsection in the case of a physician who is a member of a group practice, if such group practice submits bills under this program as a group, rather than by individual physicians. “(e) Transfer from Trust Funds.— Amounts equal to the amounts deducted pursuant to this section shall be transferred from the Trust Fund from which the payment to the physician, provider, or other entity would otherwise have been made, to the general fund in the Treasury, and shall be credited as payment of the past-due obligation of the physician from whom (or with respect to whom) the deduction was made.”.

   Effective date note
   Amendment by Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(f)(10)(A) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. Pub. L. 100–360, title IV, § 411(f)(10)(C)(iii), July 1, 1988, 102 Stat. 781, provided that: “The Amendments made by this subparagraph [amending this section and former section 294f of this title] shall be effective 30 days after the date of the enactment of this Act [July 1, 1988].”

2. 1988

   Medicare Catastrophic Coverage Act of 1988

   Pub. L. 100–360 § 411(f)(10)(C)(i)(I) · 102 Stat. 683

   1. Substituted · 42 U.S.C. § 1395ccc

      Pub. L. 100–360, § 411(f)(10)(C)(i)(I), substituted “individuals” for “physicians”

   2. Inserted · 42 U.S.C. § 1395ccc

      Pub. L. 100–360, § 411(f)(10)(C)(i)(I), inserted “and loan” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 100–360, § 411(f)(10)(C)(i)(I), substituted “individuals” for “physicians” and inserted “and loan” in section catchline.

   Enacted provision · exact public law section
   (I) in the heading, by striking “physicians” and “schoolarship” and inserting “individuals” and “scholarship” and inserting “individuals” and “scholarship and loan”, respectively;

   Effective date note
   Amendment by Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(f)(10)(A) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. Pub. L. 100–360, title IV, § 411(f)(10)(C)(iii), July 1, 1988, 102 Stat. 781, provided that: “The Amendments made by this subparagraph [amending this section and former section 294f of this title] shall be effective 30 days after the date of the enactment of this Act [July 1, 1988].”

3. 1988

   Medicare Catastrophic Coverage Act of 1988

   Pub. L. 100–360 § 411(f)(10)(C)(i)(IV) · 102 Stat. 683

   1. Amended · 42 U.S.C. § 1395ccc(a)(1)(A)

      Pub. L. 100–360, § 411(f)(10)(C)(i)(IV), as amended by Pub. L. 100–485, § 608(d)(21)(H)

   2. Inserted · 42 U.S.C. § 1395ccc(a)(1)(A)

      Pub. L. 100–360, § 411(f)(10)(C)(i)(IV), as inserted “, the Physician Shortage Area Scholarship Program, or the Health Education Assistance Loan Program”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 100–360, § 411(f)(10)(C)(i)(IV), as amended by Pub. L. 100–485, § 608(d)(21)(H), inserted “, the Physician Shortage Area Scholarship Program, or the Health Education Assistance Loan Program”.

   Enacted provision · exact public law section
   (IV) in paragraph (1)(A), by inserting “, the Physician Shortage Area Scholarship Program, or the Health Education Assistance Loan Program,” after “Scholarship Program”;

   Effective date note
   Amendment by Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(f)(10)(A) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. Pub. L. 100–360, title IV, § 411(f)(10)(C)(iii), July 1, 1988, 102 Stat. 781, provided that: “The Amendments made by this subparagraph [amending this section and former section 294f of this title] shall be effective 30 days after the date of the enactment of this Act [July 1, 1988].”

4. 1988

   Medicare Catastrophic Coverage Act of 1988

   Pub. L. 100–360 § 411(f)(10)(C)(i)(II) · 102 Stat. 683

   1. Amended · 42 U.S.C. § 1395ccc(a)(1)(A)

      Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Pub. L. 100–485, § 608(d)(21)(G)

   2. Substituted · 42 U.S.C. § 1395ccc(a)(1)(A)

      Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as substituted “individual” for “physician” in two places

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Pub. L. 100–485, § 608(d)(21)(G), substituted “individual” for “physician” in two places.

   Enacted provision · exact public law section
   (II) by striking “physician” each place it appears (other than the third place it appears in subsection (a)(4)) and inserting “individual”;

   Effective date note
   Amendment by Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(f)(10)(A) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. Pub. L. 100–360, title IV, § 411(f)(10)(C)(iii), July 1, 1988, 102 Stat. 781, provided that: “The Amendments made by this subparagraph [amending this section and former section 294f of this title] shall be effective 30 days after the date of the enactment of this Act [July 1, 1988].”

5. 1988

   Medicare Catastrophic Coverage Act of 1988

   Pub. L. 100–360 § 411(f)(10)(C)(i)(II) · 102 Stat. 683

   1. Amended · 42 U.S.C. § 1395ccc(a)(1)(B)

      Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Pub. L. 100–485, § 608(d)(21)(G)

   2. Substituted · 42 U.S.C. § 1395ccc(a)(1)(B)

      Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as substituted “an individual” for “a physician” in cls. (i)(I) and (II), (ii), and (iii)

   3. Substituted · 42 U.S.C. § 1395ccc(a)(1)(B)

      Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as substituted “individual” for “physician” in cls. (i)(I) and (II), (ii), and (iii)

   Source evidence

   Code amendment note
   Subsec. (a)(1)(B). Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Pub. L. 100–485, § 608(d)(21)(G), substituted “an individual” for “a physician” in introductory provisions and “individual” for “physician” in cls. (i)(I) and (II), (ii), and (iii).

   Enacted provision · exact public law section
   (II) by striking “physician” each place it appears (other than the third place it appears in subsection (a)(4)) and inserting “individual”;

   Effective date note
   Amendment by Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(f)(10)(A) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. Pub. L. 100–360, title IV, § 411(f)(10)(C)(iii), July 1, 1988, 102 Stat. 781, provided that: “The Amendments made by this subparagraph [amending this section and former section 294f of this title] shall be effective 30 days after the date of the enactment of this Act [July 1, 1988].”

6. 1988

   Medicare Catastrophic Coverage Act of 1988

   Pub. L. 100–360 § 411(f)(10)(C)(i)(II) · 102 Stat. 683

   1. Amended · 42 U.S.C. § 1395ccc(a)(2)(A)(C)

      Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Pub. L. 100–485, § 608(d)(21)(G)

   2. Substituted · 42 U.S.C. § 1395ccc(a)(2)(A)(C)

      Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as substituted “individual” for “physician” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (a)(2)(A) to (C). Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Pub. L. 100–485, § 608(d)(21)(G), substituted “individual” for “physician” wherever appearing.

   Enacted provision · exact public law section
   (II) by striking “physician” each place it appears (other than the third place it appears in subsection (a)(4)) and inserting “individual”;

   Effective date note
   Amendment by Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(f)(10)(A) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. Pub. L. 100–360, title IV, § 411(f)(10)(C)(iii), July 1, 1988, 102 Stat. 781, provided that: “The Amendments made by this subparagraph [amending this section and former section 294f of this title] shall be effective 30 days after the date of the enactment of this Act [July 1, 1988].”

7. 1988

   Medicare Catastrophic Coverage Act of 1988

   Pub. L. 100–360 § 411(f)(10)(A)(i) · 102 Stat. 683

   Substituted · 42 U.S.C. § 1395ccc(a)(2)(C)(ii)

   Pub. L. 100–360, § 411(f)(10)(A)(i), substituted “paragraph (4)” for “paragraph (3)”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(C)(ii). Pub. L. 100–360, § 411(f)(10)(A)(i), substituted “paragraph (4)” for “paragraph (3)”.

   Enacted provision · exact public law section
   (i) in paragraphs (2)(C)(ii) and (3)(B), by striking “paragraph (3)” and inserting “paragraph (4)”,

   Effective date note
   Amendment by Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(f)(10)(A) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. Pub. L. 100–360, title IV, § 411(f)(10)(C)(iii), July 1, 1988, 102 Stat. 781, provided that: “The Amendments made by this subparagraph [amending this section and former section 294f of this title] shall be effective 30 days after the date of the enactment of this Act [July 1, 1988].”

8. 1988

   Medicare Catastrophic Coverage Act of 1988

   Pub. L. 100–360 § 411(f)(10)(C)(i)(II) · 102 Stat. 683

   1. Amended · 42 U.S.C. § 1395ccc(a)(3)

      Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Pub. L. 100–485, § 608(d)(21)(G)

   2. Substituted · 42 U.S.C. § 1395ccc(a)(3)

      Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as substituted “individual” for “physician” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Pub. L. 100–485, § 608(d)(21)(G), substituted “individual” for “physician” in introductory provisions.

   Enacted provision · exact public law section
   (II) by striking “physician” each place it appears (other than the third place it appears in subsection (a)(4)) and inserting “individual”;

   Effective date note
   Amendment by Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(f)(10)(A) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. Pub. L. 100–360, title IV, § 411(f)(10)(C)(iii), July 1, 1988, 102 Stat. 781, provided that: “The Amendments made by this subparagraph [amending this section and former section 294f of this title] shall be effective 30 days after the date of the enactment of this Act [July 1, 1988].”

9. 1988

   Medicare Catastrophic Coverage Act of 1988

   Pub. L. 100–360 § 411(f)(10)(C)(i)(II) · 102 Stat. 683

   1. Amended · 42 U.S.C. § 1395ccc(a)(3)(B)

      Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Pub. L. 100–485, § 608(d)(21)(G)

   2. Substituted · 42 U.S.C. § 1395ccc(a)(3)(B)

      Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as substituted “individual” for “physician”

   Source evidence

   Code amendment note
   Subsec. (a)(3)(B). Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Pub. L. 100–485, § 608(d)(21)(G), substituted “individual” for “physician”.

   Enacted provision · exact public law section
   (II) by striking “physician” each place it appears (other than the third place it appears in subsection (a)(4)) and inserting “individual”;

   Effective date note
   Amendment by Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(f)(10)(A) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. Pub. L. 100–360, title IV, § 411(f)(10)(C)(iii), July 1, 1988, 102 Stat. 781, provided that: “The Amendments made by this subparagraph [amending this section and former section 294f of this title] shall be effective 30 days after the date of the enactment of this Act [July 1, 1988].”

10. 1988

    Medicare Catastrophic Coverage Act of 1988

    Pub. L. 100–360 § 411(f)(10)(A)(i) · 102 Stat. 683

    Substituted · 42 U.S.C. § 1395ccc(a)(3)(B)

    Pub. L. 100–360, § 411(f)(10)(A)(i), substituted “paragraph (4)” for “paragraph (3)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–360, § 411(f)(10)(A)(i), substituted “paragraph (4)” for “paragraph (3)”.

    Enacted provision · exact public law section
    (i) in paragraphs (2)(C)(ii) and (3)(B), by striking “paragraph (3)” and inserting “paragraph (4)”,

    Effective date note
    Amendment by Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(f)(10)(A) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. Pub. L. 100–360, title IV, § 411(f)(10)(C)(iii), July 1, 1988, 102 Stat. 781, provided that: “The Amendments made by this subparagraph [amending this section and former section 294f of this title] shall be effective 30 days after the date of the enactment of this Act [July 1, 1988].”

11. 1988

    Medicare Catastrophic Coverage Act of 1988

    Pub. L. 100–360 § 411(f)(10)(C)(i)(III) · 102 Stat. 683

    Substituted · 42 U.S.C. § 1395ccc(a)(4)

    Pub. L. 100–360, § 411(f)(10)(C)(i)(III), substituted “community practitioner” for “community physician”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 100–360, § 411(f)(10)(C)(i)(III), substituted “community practitioner” for “community physician”.

    Enacted provision · exact public law section
    (III) by striking “physician” the third place it appears in subsection (a)(4) and inserting “practitioner”;

    Effective date note
    Amendment by Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(f)(10)(A) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. Pub. L. 100–360, title IV, § 411(f)(10)(C)(iii), July 1, 1988, 102 Stat. 781, provided that: “The Amendments made by this subparagraph [amending this section and former section 294f of this title] shall be effective 30 days after the date of the enactment of this Act [July 1, 1988].”

12. 1988

    Medicare Catastrophic Coverage Act of 1988

    Pub. L. 100–360 § 411(f)(10)(C)(i)(II) · 102 Stat. 683

    1. Amended · 42 U.S.C. § 1395ccc(a)(4)

       Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Pub. L. 100–485, § 608(d)(21)(G)

    2. Substituted · 42 U.S.C. § 1395ccc(a)(4)

       Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as substituted “an individual” for “a physician”

    3. Substituted · 42 U.S.C. § 1395ccc(a)(4)

       Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as substituted “such individual” for “such physician”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Pub. L. 100–485, § 608(d)(21)(G), substituted “an individual” for “a physician” and “such individual” for “such physician”.

    Enacted provision · exact public law section
    (II) by striking “physician” each place it appears (other than the third place it appears in subsection (a)(4)) and inserting “individual”;

    Effective date note
    Amendment by Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(f)(10)(A) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. Pub. L. 100–360, title IV, § 411(f)(10)(C)(iii), July 1, 1988, 102 Stat. 781, provided that: “The Amendments made by this subparagraph [amending this section and former section 294f of this title] shall be effective 30 days after the date of the enactment of this Act [July 1, 1988].”

13. 1988

    Medicare Catastrophic Coverage Act of 1988

    Pub. L. 100–360 § 411(f)(10)(A)(iii) · 102 Stat. 683

    1. Amended · 42 U.S.C. § 1395ccc(a)(4)

       Pub. L. 100–360, § 411(f)(10)(A)(iii), as amended by Pub. L. 100–360, § 608(d)(21)(E)

    2. Inserted · 42 U.S.C. § 1395ccc(a)(4)

       Pub. L. 100–360, § 411(f)(10)(A)(iii), as inserted before period at end “if a State requests that the individual not be excluded”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–360, § 411(f)(10)(A)(iii), as amended by Pub. L. 100–360, § 608(d)(21)(E), inserted before period at end “if a State requests that the individual not be excluded”.

    Enacted provision · exact public law section
    (iii) in paragraph (4), by inserting before the period at the end the following: “if a State requests that the physician not be excluded”.

    Effective date note
    Amendment by Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(f)(10)(A) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. Pub. L. 100–360, title IV, § 411(f)(10)(C)(iii), July 1, 1988, 102 Stat. 781, provided that: “The Amendments made by this subparagraph [amending this section and former section 294f of this title] shall be effective 30 days after the date of the enactment of this Act [July 1, 1988].”

14. 1988

    Medicare Catastrophic Coverage Act of 1988

    Pub. L. 100–360 § 411(f)(10)(A)(ii) · 102 Stat. 683

    Substituted · 42 U.S.C. § 1395ccc(a)(4)

    Pub. L. 100–360, § 411(f)(10)(A)(ii), substituted “exclude” for “bar”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–360, § 411(f)(10)(A)(ii), substituted “exclude” for “bar”.

    Enacted provision · exact public law section
    (ii) in paragraph (4), by striking “bar” and inserting “exclude”, and

    Effective date note
    Amendment by Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(f)(10)(A) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. Pub. L. 100–360, title IV, § 411(f)(10)(C)(iii), July 1, 1988, 102 Stat. 781, provided that: “The Amendments made by this subparagraph [amending this section and former section 294f of this title] shall be effective 30 days after the date of the enactment of this Act [July 1, 1988].”

15. 1988

    Medicare Catastrophic Coverage Act of 1988

    Pub. L. 100–360 § 411(f)(10)(C)(i)(V) · 102 Stat. 683

    1. Amended · 42 U.S.C. § 1395ccc(b)

       Pub. L. 100–360, § 411(f)(10)(C)(i)(V), as amended by Pub. L. 100–485, § 608(d)(21)(F)(i)

    2. Substituted · 42 U.S.C. § 1395ccc(b)

       Pub. L. 100–360, § 411(f)(10)(C)(i)(V), as substituted “or under subpart III of part F of title VII of such Act (as in effect before October 1, 1976) and which has not been paid by the deadline established by the Secretary pursuant to such respective section” for “, and (2) which has not been paid by the deadline established by the Secretary pursuant to section 338E of the Public Health Service Act”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–360, § 411(f)(10)(C)(i)(V), as amended by Pub. L. 100–485, § 608(d)(21)(F)(i), substituted “or under subpart III of part F of title VII of such Act (as in effect before October 1, 1976) and which has not been paid by the deadline established by the Secretary pursuant to such respective section” for “, and (2) which has not been paid by the deadline established by the Secretary pursuant to section 338E of the Public Health Service Act”.

    Enacted provision · exact public law section
    (V) in subsection (b), by striking “, and (2)” and all that follows through “Act” and inserting “or under subpart III of part F of title VII of such Act (as in effect before October 1, 1976) and which has not been paid by the deadline established by the Secretary pursuant to such respective section”; and

    Effective date note
    Amendment by Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(f)(10)(A) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. Pub. L. 100–360, title IV, § 411(f)(10)(C)(iii), July 1, 1988, 102 Stat. 781, provided that: “The Amendments made by this subparagraph [amending this section and former section 294f of this title] shall be effective 30 days after the date of the enactment of this Act [July 1, 1988].”

16. 1988

    Medicare Catastrophic Coverage Act of 1988

    Pub. L. 100–360 § 411(f)(10)(C)(i)(II) · 102 Stat. 683

    1. Amended · 42 U.S.C. § 1395ccc(b)(1)

       Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Pub. L. 100–485, § 608(d)(21)(G)

    2. Substituted · 42 U.S.C. § 1395ccc(b)(1)

       Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as substituted “an individual” for “a physician”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Pub. L. 100–485, § 608(d)(21)(G), substituted “an individual” for “a physician”.

    Enacted provision · exact public law section
    (II) by striking “physician” each place it appears (other than the third place it appears in subsection (a)(4)) and inserting “individual”;

    Effective date note
    Amendment by Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(f)(10)(A) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. Pub. L. 100–360, title IV, § 411(f)(10)(C)(iii), July 1, 1988, 102 Stat. 781, provided that: “The Amendments made by this subparagraph [amending this section and former section 294f of this title] shall be effective 30 days after the date of the enactment of this Act [July 1, 1988].”

17. 1988

    Medicare Catastrophic Coverage Act of 1988

    Pub. L. 100–360 § 411(f)(10)(C)(i)(VI) · 102 Stat. 683

    1. Amended · 42 U.S.C. § 1395ccc(b)(2)

       Pub. L. 100–360, § 411(f)(10)(C)(i)(VI), as amended by Pub. L. 100–485, § 608(d)(21)(F)(i)

    2. Added · 42 U.S.C. § 1395ccc(b)(2)

       Pub. L. 100–360, § 411(f)(10)(C)(i)(VI), as added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 100–360, § 411(f)(10)(C)(i)(VI), as amended by Pub. L. 100–485, § 608(d)(21)(F)(i), added par. (2).

    Enacted provision · exact public law section
    (VI) in subsection (b), by striking the period at the end and inserting or” and by adding at the end the following: “(2) owed by an individual to the United States by reason of a Loans. loan covered by Federal loan insurance under subpart I of part C of title VII of the Public Health Service Act and payment for which has not been cancelled, waived, or suspended by the Secretary under such subpart.”.

    Effective date note
    Amendment by Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(f)(10)(A) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. Pub. L. 100–360, title IV, § 411(f)(10)(C)(iii), July 1, 1988, 102 Stat. 781, provided that: “The Amendments made by this subparagraph [amending this section and former section 294f of this title] shall be effective 30 days after the date of the enactment of this Act [July 1, 1988].”

18. 1988

    Medicare Catastrophic Coverage Act of 1988

    Pub. L. 100–360 § 411(f)(10)(C)(i)(II) · 102 Stat. 683

    1. Amended · 42 U.S.C. § 1395ccc(d)(1)

       Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Pub. L. 100–485, § 608(d)(21)(G)

    2. Substituted · 42 U.S.C. § 1395ccc(d)(1)

       Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as substituted “an individual” for “a physician”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Pub. L. 100–485, § 608(d)(21)(G), substituted “an individual” for “a physician”.

    Enacted provision · exact public law section
    (II) by striking “physician” each place it appears (other than the third place it appears in subsection (a)(4)) and inserting “individual”;

    Effective date note
    Amendment by Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(f)(10)(A) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. Pub. L. 100–360, title IV, § 411(f)(10)(C)(iii), July 1, 1988, 102 Stat. 781, provided that: “The Amendments made by this subparagraph [amending this section and former section 294f of this title] shall be effective 30 days after the date of the enactment of this Act [July 1, 1988].”

19. 1988

    Medicare Catastrophic Coverage Act of 1988

    Pub. L. 100–360 § 411(f)(10)(C)(i)(VII) · 102 Stat. 683

    1. Added · 42 U.S.C. § 1395ccc(d)(2)

       Pub. L. 100–360, § 411(f)(10)(C)(i)(VII), as added by Pub. L. 100–485, § 608(d)(21)(F)

    2. Substituted · 42 U.S.C. § 1395ccc(d)(2)

       Pub. L. 100–360, § 411(f)(10)(C)(i)(VII), as substituted “continues” for “continued”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 100–360, § 411(f)(10)(C)(i)(VII), as added by Pub. L. 100–485, § 608(d)(21)(F), substituted “continues” for “continued”.

    Enacted provision · exact public law section
    (i) Section 1892 of the Social Security Act, as added by the first section 4052(a) of OBRA, is amended— (I) in the heading, by striking “physicians” and “schoolarship” and inserting “individuals” and “scholarship” and inserting “individuals” and “scholarship and loan”, respectively; (II) by striking “physician” each place it appears (other than the third place it appears in subsection (a)(4)) and inserting “individual”; (III) by striking “physician” the third place it appears in subsection (a)(4) and inserting “practitioner”; (IV) in paragraph (1)(A), by inserting “, the Physician Shortage Area Scholarship Program, or the Health Education Assistance Loan Program,” after “Scholarship Program”; (V) in subsection (b), by striking “, and (2)” and all that follows through “Act” and inserting “or under subpart III of part F of title VII of such Act (as in effect before October 1, 1976) and which has not been paid by the deadline established by the Secretary pursuant to such respective section”; and (VI) in subsection (b), by striking the period at the end and inserting or” and by adding at the end the following: “(2) owed by an individual to the United States by reason of a Loans. loan covered by Federal loan insurance under subpart I of part C of title VII of the Public Health Service Act and payment for which has not been cancelled, waived, or suspended by the Secretary under such subpart.”.

    Effective date note
    Amendment by Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(f)(10)(A) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. Pub. L. 100–360, title IV, § 411(f)(10)(C)(iii), July 1, 1988, 102 Stat. 781, provided that: “The Amendments made by this subparagraph [amending this section and former section 294f of this title] shall be effective 30 days after the date of the enactment of this Act [July 1, 1988].”

20. 1988

    Medicare Catastrophic Coverage Act of 1988

    Pub. L. 100–360 § 411(f)(10)(C)(i)(II) · 102 Stat. 683

    1. Amended · 42 U.S.C. § 1395ccc(d)(2)

       Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Pub. L. 100–485, § 608(d)(21)(G)

    2. Substituted · 42 U.S.C. § 1395ccc(d)(2)

       Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as substituted “individual” for “physician” in three places

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Pub. L. 100–485, § 608(d)(21)(G), substituted “individual” for “physician” in three places.

    Enacted provision · exact public law section
    (II) by striking “physician” each place it appears (other than the third place it appears in subsection (a)(4)) and inserting “individual”;

    Effective date note
    Amendment by Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(f)(10)(A) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. Pub. L. 100–360, title IV, § 411(f)(10)(C)(iii), July 1, 1988, 102 Stat. 781, provided that: “The Amendments made by this subparagraph [amending this section and former section 294f of this title] shall be effective 30 days after the date of the enactment of this Act [July 1, 1988].”

21. 1988

    Medicare Catastrophic Coverage Act of 1988

    Pub. L. 100–360 § 411(f)(10)(C)(i)(II) · 102 Stat. 683

    1. Amended · 42 U.S.C. § 1395ccc(d)(4)(6)

       Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Pub. L. 100–485, § 608(d)(21)(G)

    2. Substituted · 42 U.S.C. § 1395ccc(d)(4)(6)

       Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as substituted “individual” for “physician” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (d)(4) to (6). Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Pub. L. 100–485, § 608(d)(21)(G), substituted “individual” for “physician” wherever appearing.

    Enacted provision · exact public law section
    (II) by striking “physician” each place it appears (other than the third place it appears in subsection (a)(4)) and inserting “individual”;

    Effective date note
    Amendment by Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(f)(10)(A) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. Pub. L. 100–360, title IV, § 411(f)(10)(C)(iii), July 1, 1988, 102 Stat. 781, provided that: “The Amendments made by this subparagraph [amending this section and former section 294f of this title] shall be effective 30 days after the date of the enactment of this Act [July 1, 1988].”

22. 1988

    Medicare Catastrophic Coverage Act of 1988

    Pub. L. 100–360 § 411(f)(10)(C)(i)(II) · 102 Stat. 683

    1. Amended · 42 U.S.C. § 1395ccc(e)

       Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Pub. L. 100–485, § 608(d)(21)(G)

    2. Substituted · 42 U.S.C. § 1395ccc(e)

       Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as substituted “individual” for “physician” in two places

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Pub. L. 100–485, § 608(d)(21)(G), substituted “individual” for “physician” in two places.

    Enacted provision · exact public law section
    (II) by striking “physician” each place it appears (other than the third place it appears in subsection (a)(4)) and inserting “individual”;

    Effective date note
    Amendment by Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(f)(10)(A) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. Pub. L. 100–360, title IV, § 411(f)(10)(C)(iii), July 1, 1988, 102 Stat. 781, provided that: “The Amendments made by this subparagraph [amending this section and former section 294f of this title] shall be effective 30 days after the date of the enactment of this Act [July 1, 1988].”

41 of 41 references resolved to an enrolled provision