Page:United States Statutes at Large Volume 95.djvu/827

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 801

graph in the case of an individual claim if he determines that the probability of recovery or amount involved in such claim does not warrant the pursuing of the claim. "(C) The provisions of subparagraphs (A) and (B) shall apply to an individual only during the 12-month period which begins with the earlier of— "(i) the month in which a regular course of renal dialysis is initiated, or "(ii) in the case of an individual who receives a kidney transplant, the first month in which he would be eligible for benefits under this title (if he had filed an application for such benefits) under the provisions of section 226A(b)(l)(B). "(D) Where payment for an item or service under such plan is less than the amount of the charge for such item or service, payment may be made under this title (without regard to deductibles and coinsurance under this title) for the remainder of such charge, but— "(i) such payment under this title may not exceed an amount which would be payable under this title for such item or service in the absence of such group health plan; and "(ii) such payment under this title, when combined with the amount payable under such plan, may not exceed the combined amount which would have been payable under this title and such plan if this paragraph were not in effect.", (b) Section 162 of the Internal Revenue Code of 1954 (relating to 26 USC 162. trade or business expenses) is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: "(h) GROUP HEALTH PLANS.— "(1) GENERAL RULE.—The

expenses paid or incurred by an employer for a group health plan shall not be allowed as a deduction under this section if the plan differentiates in the benefits it provides between individuals having end stage renal disease and other individuals covered by such plan on the basis of the existence of end stage renal disease, the need for renal dialysis, or in any other manner. "(2) GROUP HEALTH PLAN.—For purposes of this subsection the term 'group health plan' means any plan of, or contributed to by, an employer to provide medical care (as defined in section 213(e)) to his employees, former employees, or the families of such employees or former employees, directly or through insurance, reimbursement, or otherwise.". (c)(1) The amendments made by subsection (a) shall become effec- Effective date. tive on October 1, 1981. 42 USC I395y (2) The amendments made by subsection (b) shall be effective with gg use 162 note respect to taxable years beginning on or after January 1, 1982. CHAPTER 4—MISCELLANEOUS CHANGES EUMINATION OF UNUMITED OPEN ENROLLMENT

SEC. 2151. (a)(1) Section 1837(e) of the Social Security Act is 42 USC I395p. amended to read as follows: "(e) There shall be a general enrollment period during the period beginning on January 1 and ending on March 31 of each year.". (2) Section 1837(g)(3) of such Act is amended by striking out "the month in which the individual files an application establishing such entitlement" and inserting in lieu thereof "the earlier of the then

�