Page:United States Statutes at Large Volume 92 Part 1.djvu/361

 PUBLIC LAW 95-292—JUNE 13, 1978

92 STAT. 307

Public Law 95-292 95th Congress An Act To amend titles II and XVIII of the Social Security Act to make improvements in the end stage renal disease program presently authorized under section 226 of that Act, and for other purposes.

June 13, 1978 [H.R. 8423]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) title II of Social Security the Social Security Act is amended by inserting immediately after Act, amendment. End stage renal section 226 the following new section: disease program. 42 USC 401 et "SPECIAL PROVISIONS RELATING TO COVERAGE UNDER MEDICARE PROGRAM seq. FOR END STAGE RENAL DISEASE 42 USC 426. " SEC. 226A. (a) Notwithstanding any provision to the contrary in 42 USC 426-L 42 USC 1395 et section 226 or title X VIII, every individual who— " (1)(A) is fully or currently insured (as such t«rms are defined seq. in section 214 of this Act) or would be fully or currently insured 42 USC 414. if his service as an employee (as defined in the Railroad Retirement Act of 1974) after December 31, 1936, were included in the 42 USC 231 e,f term 'employment' as defined in this Act, or (B) is entit^led to seq. monthly insurance benefits under title II of this Act or an annuity under the Railroad Retirement Act of 1974, or (C) is the spouse or dependent child (as defined in regulations) of an individual who is fully or currently insured or would be fully or currently insured if his service as an employee (as defined in the Railroad Retirement Act of 1974) after December 31, 1936, were included in the teiTti 'employment' as defined in this Act, or (D) is the 'Aspouse or dependent child (as defined in regulations) of an individual entitled to monthly insurance benefits under title II of this Act or an annuity under the Railroad Retirement Act of 1974; " (2) is medically determined to have end stage renal disease; .;<*si -'M-'im and " (3) has filed an application for benefits under this section; shall, in accordance with the succeeding provisions of this section, be entitled to benefits under part A and eligible to enroll under part B of title X VIII, subject to the deductible, premium, and coinsurance 42 USC 1395c, provisions of that title. 1395J. " (b) Subject to subsection (c), entitlement of an individual to benefits under part A and eligibility to enroll under part B of title X VIII by reasons of this section on the basis of end stage renal disease— " (1) shall begin with— " (A) the t h i r d month after the month in which a regular course of renal dialysis is initiated, or " (B) the month in which such individual receives a kidney transplant, or (if earlier) the first month in which such individual is admitted as an inpatient to an institution which is a hospital meeting the requirements of section 1861(e) (and 42 USC 1395x. such additional requirements as the Secretary may prescribe under section 1881(b) for such institutions) in preparation Post, p. 308. for or anticipation of kidney transplantation, but only if such transplantation occurs in that month or in either of the next t w o months.

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