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42 U.S.C. § 426a

Title 42 Chapter 7 Current through PL 118-3 Last updated: March 29, 2026 View on OLRC →
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§ 426a. Transitional provision on eligibility of uninsured individuals for hospital insurance benefits

  • (a) 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,
  • (b) The provisions of subsection (a) 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) 1 1 See References in Text note below. 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 ).
  • (c) 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,

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