Page:United States Statutes at Large Volume 102 Part 1.djvu/776

 102 STAT. 738

PUBLIC LAW 100-360—JULY 1, 1988 "(i) is not a resident of a U.S. commonwealth or territory (as defined in subparagraph (E)) during the month, "(ii) is entitled to benefits under this part, and "(iii) is not entitled to (or, on application without payment of an additional premium, would not be entitled to) benefits under part A or is entitled to benefits under such part only because of payment of a premium under section 1818.". (b) EXTENSION OF HOLD-HARMLESS PROVISION.—Subsection (f) of

section 1839 (42 U.S.C. 1395r) is amended to read as follows: "(f) For any calendar year after 1988, if an individucd is entitled to monthly benefits under section 202 or 223 or to a monthly annuity under section 3(a), 4(a), or 4(f) of the Railroad Retirement Act of 1974 for November and December of the preceding year, and if the monthly premium of the individual under this section for December and for January is deducted from those benefits under section 1840(a)(l) or section 1840(b)(l). the monthly premium otherwise determined under this section for an individual for that year shall not be increased, pursuant to this subsection, to the extent that such increase would reduce the amount of benefits payable to that individual for that January below the amount of benefits payable to that individual for that Etecember (after the deduction of the premium under this section). For purposes of this subsection, retroactive adjustments or pa3anents and deductions on account of work shall not be taken into account in determining the monthly benefits to which an individual is entitled under section 202 or 223 or under the Railroad Retirement Act of 1974.". (c) CONFORMING AMENDMENTS.—

(1) Section 1839 (42 U.S.C. 1395r) is amended— (A) in the second sentence of subsections (a)(1) and (a)(4), by inserting "(other than costs relating to the amendments made by the Medicare Catastrophic Coverage Act of 1988)" before the period; (B) by inserting before the period at the end of the last sentence of subsections (a)(1) and (a)(4) the following: ", but shall not take into account any amounts in the Trust Fund that may be attributable to receipts or outlays relating to the Medicare Catastrophic Coverage Account"; (C) in subsection (a)(2), by striking "and (e)" and inserting ",(e),and(g)"; (D) in subsection (a)(3), by striking "subsection (e)" and inserting "subsections (e) and (g)"; (E) in subsection (b), by striking "determined under subsection (a) or (e)" and inserting otherwise determined under this section (without regard to subsections (f) and (g)(6))";and (F) in subsection (e)(D, by inserting "except as provided in subsection (g)," after "subsection (a). (2) Section 1844(a) (42 U.S.C. 1395w(a)) is amended by adding at the end the following: "In computing the amount of aggregate premiums and premiums per enrollee under paragraph (1), there shall not be taken into account premiums attributable to section 1839(g) or section 59B of the Internal Revenue Code of 1986.". 42 USC 1395mm. (3) Section 1876(a)(5) (42 U.S.C. 1395ff(a)(5)) is amended— (A) by striking "and the Federal Supplementary Medical Insurance Trust Fund" and inserting, the Federal Supple-

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