42 U.S.C. § 1395b | Option to individuals to obtain other health insurance protection

Nothing contained in this subchapter shall be construed to preclude any State from providing, or any individual from purchasing or otherwise securing, protection against the cost of any health services.

Aug. 14, 1935, ch. 531 Pub. L. 89–97, title I, § 102(a)July 30, 196579 Stat. 291(, title XVIII, § 1803, as added , , .)

Statutory Notes and Related Subsidiaries

Impact of Increased Investments in Health Research on Future Medicare Costs

Pub. L. 105–78, title IINov. 13, 1997111 Stat. 1484

“That in carrying out its legislative mandate, the National Bipartisan Commission on the Future of Medicare shall examine the impact of increased investments in health research on future Medicare costs, and the potential for coordinating Medicare with cost-effective long-term care services”.

, , , provided in part:

National Bipartisan Commission on the Future of Medicare

Pub. L. 105–33, title IV, § 4021Aug. 5, 1997111 Stat. 347Mar. 1, 1999, , , established National Bipartisan Commission on the Future of Medicare which was directed to review and analyze long-term financial condition of medicare program, identify problems that threaten financial integrity of Federal Hospital Insurance Trust Fund and Federal Supplementary Medical Insurance Trust Fund, analyze potential solutions that will ensure both financial integrity of medicare program and provision of appropriate benefits under such program, and make recommendations for, among other things, restoring solvency of Federal Hospital Insurance Trust Fund and financial integrity of Federal Supplementary Medical Insurance Trust Fund, establishing appropriate financial structure of medicare program as a whole, and establishing appropriate balance of benefits covered and beneficiary contributions to medicare program, further provided for membership of Commission, meetings, personnel and staff matters, powers of Commission, appropriations, submission of final report to Congress not later than , and termination of Commission 30 days after submission of final report.

Exclusion From Wages and Compensation of Refunds Required From Employers To Compensate for Duplication of Medicare Benefits by Health Care Benefits Provided by Employers

Pub. L. 101–239, title X, § 10202Dec. 19, 1989103 Stat. 2473

“(a)

Old-Age, Survivors, and Disability, and Hospital Insurance Programs .—

42 U.S.C. 401 26 U.S.C. 3101 section 421 of Pub. L. 100–360For purposes of title II of the Social Security Act [ et seq.] and chapter 21 of the Internal Revenue Code of 1986 [ et seq.], the term ‘wages’ shall not include the amount of any refund required under section 421 of the Medicare Catastrophic Coverage Act of 1988 [, formerly set out as a note below].

“(b)

Railroad Retirement Program .—

26 U.S.C. 3201For purposes of chapter 22 of the Internal Revenue Code of 1986 [ et seq.], the term ‘compensation’ shall not include the amount of any refund required under section 421 of the Medicare Catastrophic Coverage Act of 1988.

“(c)

Federal Unemployment Programs.—

“(1)

Federal unemployment tax .—

26 U.S.C. 3301For purposes of chapter 23 of the Internal Revenue Code of 1986 [ et seq.], the term ‘wages’ shall not include the amount of any refund required under section 421 of the Medicare Catastrophic Coverage Act of 1988.

“(2)

Railroad unemployment contributions .—

45 U.S.C. 351For purposes of the Railroad Unemployment Insurance Act [ et seq.], the term ‘compensation’ shall not include the amount of any refund required under section 421 of the Medicare Catastrophic Coverage Act of 1988.

“(3)

Railroad unemployment repayment tax .—

26 U.S.C. 3321For purposes of chapter 23A of the Internal Revenue Code of 1986 [ et seq.], the term ‘rail wages’ shall not include the amount of any refund required under section 421 of the Medicare Catastrophic Coverage Act of 1988.

“(d)

Reporting Requirements .—

Any refund required under section 421 of the Medicare Catastrophic Coverage Act of 1988 shall be reported to the Secretary of the Treasury or his delegate and to the person to whom such refund is made in such manner as the Secretary of the Treasury or his delegate shall prescribe.

“(e)

Effective Date .—

January 1, 1989This section shall apply with respect to refunds provided on or after .”

, , , provided that:

United States Bipartisan Commission on Comprehensive Health Care

Pub. L. 100–360, title IVJuly 1, 1988102 Stat. 765–768 Pub. L. 100–647, title VIII, § 8414Nov. 10, 1988102 Stat. 3801 Pub. L. 101–239, title VI, § 6220Dec. 19, 1989103 Stat. 2254Nov. 9, 1989, subtitle A, §§ 401–408, , , as amended by , , ; , , , established the United States Bipartisan Commission on Comprehensive Health Care, also known as the “Claude Pepper Commission” or the “Pepper Commission”, and directed Commission to examine shortcomings in health care delivery and financing mechanisms that limit or prevent access of all individuals in United States to comprehensive health care, and make specific recommendations respecting Federal programs, policies, and financing needed to assure the availability of comprehensive long-term care services for elderly and disabled, as well as comprehensive health care services for all individuals in the United States, and further provided for membership of Commission, staff and consultants, powers, authorization of appropriations, submission of findings and recommendations to Congress not later than , and for termination of Commission 30 days after submissions to Congress.

Maintenance of Effort Regarding Duplicative Benefits

Pub. L. 100–360, title IV, § 421July 1, 1988102 Stat. 808 Pub. L. 100–485, title VI, § 608(a)Oct. 13, 1988102 Stat. 2411 Pub. L. 101–234, title III, § 301(a)Dec. 13, 1989103 Stat. 1985Jan. 1, 1990section 301(e)(1) of Pub. L. 101–234 section 1395u of this title, , , as amended by , , , which required employers who had been providing health care benefits to employees that were duplicative part A and part B benefits to provide the employees with additional benefits equal to the total actuarial value of such duplicative benefits, was repealed by , , . [Repeal not applicable to duplicative part A benefits for periods before , see , set out as an Effective Date of 1989 Amendment note under .]

Task Force on Long-Term Health Care Policies

Pub. L. 99–272, title IX, § 9601Apr. 7, 1986100 Stat. 221 Pub. L. 105–362, title VI, § 601(b)(3)Nov. 10, 1998112 Stat. 3286Apr. 7, 1986, , , as amended by , , , directed Secretary of Health and Human Services, in consultation with National Association of Insurance Commissioners, to establish Task Force on Long-Term Health Care Policies to develop recommendations for long-term health care policies designed to limit marketing and agent abuse for those policies, to assure dissemination of such information to consumers as is necessary to permit informed choice in purchasing policies and to reduce purchase of unnecessary or duplicative coverage, to assure that benefits provided under policies are reasonable in relationship to premiums charged, and to promote development and availability of long-term health care policies which meet these recommendations, and further provided for composition of Task Force, definition of long-term health care policy, assurance of States’ jurisdiction, submission of recommendations to Secretary and Congress not later than 18 months after , and termination of Task Force 90 days after submission of recommendations.