Page:United States Statutes at Large Volume 86.djvu/1490

 1448

PUBLIC LAW 92-603-OCT. 30, 1972

[86

STAT.

WAIVER OF E N R O L L M E N T PERIOD REQUIREMENTS W H E R E I N D IV I D U A L ' S R I G H T S W E R E P R E J U D I C E D BY ADMINISTRATIVE ERROR OR I N ACTION

Ante,

p. 1378,

Ante,

p. 1374.

Effective date.

SEC. 259. (a) Section 1837 of the Social Security Act (after the new subsections added by section 206(a) of this Act) is amended by adding at the end thereof the following new subsection: " (h) I n any case where the Secretary finds that an individual's enrollment or nonenrollment in the insurance program established by this part or part A pursuant to section 1818 is unintentional, inadvertent, or erroneous and is the result of the error, misrepresentation, or inaction of an officer, employee, or agent of the Federal Government, or its instrumentalities, the Secretary may take such action (including the designation for such individual of a special initial or subsequent enrollment period, with a coverage period determined on the basis thereof and with appropriate adjustments of premiums) as may be necessary to correct or eliminate the effects of such error, misrepresentation, or inaction." (b) The amendment made by subsection (a) shall be effective as of July 1, 1966. E L I M I N A T I O N OF PROVISIONS P R E V E N T I N G E N R O L L M E N T I N S U P P L E M E N TARY MEDICAL INSURANCE PROGRAM MORE T H A N T H R E E YEARS AFTER FIRST OPPORTUNITY

42 USC 1395p.

SEC. 260. Section 1837(b) of the Social Security Act is amended to read as follows: "(b) No individual may enroll under this part more than twice." WAIVER OF R E C O V E R Y OF INCORRECT P A Y M E N T S FROM SURVIVOR W H O W I T H O U T F A U L T U N D E R MEDICARE

42 USC i395gg.

Effective date.

IS

SEC. 261. (a) Section 1870(c) of the Social Security Act is amended by striking out "and where" and inserting in lieu thereof the following: "or where the adjustment (or recovery) would be made by decreasing payments to which another person wno is without fault is entitled as provided in subsection (b)(4), if". (b) The amendment made by subsection (a) shall apply with respect to waiver actions considered after the date of the enactment of this Act. REQUIREMENT OF MINIMUM A M O U N T OF C L A I M TO E S T A B L I S H ENTITLEMENT TO H E A R I N G U N D E R S U P P L E M E N T A R Y MEDICAL INSURANCE PROGRAM

42 USC 139Su.

Effective date.

SEC. 262. (a) Section 1842(b)(3)(C) of the Social Security Act is amended by inserting after "a fair hearing by the carrier" the following: ", in any case where the amount in controversy is $100 or more,". (b) The amendment made by subsection (a) shall apply with respect to hearings requested (under the procedures established under section 1842(b)(3)(C) of the Social Security Act) after the date of the enactment of this Act. COLLECTION OF S U P P L E M E N T A R Y M E D I C A L INSURANCE P R E M I U M S FROM I N D IV I D U A L S E N TITLE D TO B O T H SOCIAL SECURITY A N D RAILROAD RETIREMENT BENEFITS

42 USC 1395s.

SEC. 263. (a) Section 1840(a)(1) of the Social Security Act is amended by striking out "subsection (d) " and inserting in lieu thereof "subsections (b)(1) and (c)".

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