{"identifier":"/us/usc/t42/s426","title":42,"num":"\u00a7\u202f426.","heading":"Entitlement to hospital insurance benefits","text":"\u00a7\u202f426.\nEntitlement to hospital insurance benefits\n(a)\nIndividuals over 65 years\nEvery individual who\u2014\n(1) has attained age 65, and\n(2)\n(A) is entitled to monthly insurance benefits under\nsection 402 of this title\n(B) is a qualified railroad retirement beneficiary, or\n(C)\n(i) would meet the requirements of subparagraph (A) upon filing application for the monthly insurance benefits involved if medicare qualified government employment (as defined in\nsection 410(p) of this title\nsection 410(a) of this title\nshall be entitled to hospital insurance benefits under part A of subchapter XVIII for each month for which he meets the condition specified in paragraph (2), beginning with the first month after June 1966 for which he meets the conditions specified in paragraphs (1) and (2).\n(b)\nIndividuals under 65 years\nEvery individual who\u2014\n(1) has not attained age 65, and\n(2)\n(A) is entitled to, and has for 24 calendar months been entitled to, (i) disability insurance benefits under\nsection 423 of this title\nsection 402(d) of this title\nsection 423(d) of this title\nsection 402(e) of this title\nsection 402(f) of this title\nsection 423(d) of this title\n(B) is, and has been for not less than 24 months, a disabled qualified railroad retirement beneficiary, within the meaning of\nsection 231f(d) of title 45\n(C)\n(i) has filed an application, in conformity with regulations of the Secretary, for hospital insurance benefits under part A of subchapter XVIII pursuant to this subparagraph, and\n(ii) would meet the requirements of subparagraph (A) (as determined under the disability criteria, including reviews, applied under this subchapter), including the requirement that he has been entitled to the specified benefits for 24 months, if\u2014\n(I) medicare qualified government employment (as defined in\nsection 410(p) of this title\nsection 410(a) of this title\n(II) the filing of the application under clause (i) of this subparagraph were deemed to be the filing of an application for the disability-related benefits referred to in clause (i), (ii), or (iii) of subparagraph (A),\nshall be entitled to hospital insurance benefits under part A of subchapter XVIII for each month beginning with the later of (I) July 1973 or (II) the twenty-fifth month of his entitlement or status as a qualified railroad retirement beneficiary described in paragraph (2), and ending (subject to the last sentence of this subsection) with the month following the month in which notice of termination of such entitlement to benefits or status as a qualified railroad retirement beneficiary described in paragraph (2) is mailed to him, or if earlier, with the month before the month in which he attains age 65. In applying the previous sentence in the case of an individual described in paragraph (2)(C), the \u201ctwenty-fifth month of his entitlement\u201d refers to the first month after the twenty-fourth month of entitlement to specified benefits referred to in paragraph (2)(C) and \u201cnotice of termination of such entitlement\u201d refers to a notice that the individual would no longer be determined to be entitled to such specified benefits under the conditions described in that paragraph. For purposes of this subsection, an individual who has had a period of trial work which ended as provided in\nsection 422(c)(4)(A) of this title\nsection 423(a)(1) of this title\nsection 402(d)(1)(G)(i) of this title\nsection 402(e)(1) of this title\nsection 402(f)(1) of this title\n(c)\nConditions\nFor purposes of subsection (a)\u2014\n(1) entitlement of an individual to hospital insurance benefits for a month shall consist of entitlement to have payment made under, and subject to the limitations in, part A of subchapter XVIII on his behalf for inpatient hospital services, post-hospital extended care services, and home health services (as such terms are defined in part E of subchapter XVIII) furnished him in the United States (or outside the United States in the case of inpatient hospital services furnished under the conditions described in\nsection 1395f(f) of this title\nJune 30, 1966\n(2) an individual shall be deemed entitled to monthly insurance benefits under section 402 or\nsection 423 of this title\n(d)\n\u201cQualified railroad retirement beneficiary\u201d defined\nFor purposes of this section, the term \u201cqualified railroad retirement beneficiary\u201d means an individual whose name has been certified to the Secretary by the Railroad Retirement Board under\nsection 231f(d) of title 45\nsection 231f(d) of title 45\n(e)\nBenefits for widows and widowers\n(1)\n(A) For purposes of determining entitlement to hospital insurance benefits under subsection (b) in the case of widows and widowers described in paragraph (2)(A)(iii) thereof\u2014\n(i) the term \u201cage 60\u201d in sections 402(e)(1)(B)(ii), 402(e)(4), 402(f)(1)(B)(ii), and 402(f)(4) of this title shall be deemed to read \u201cage 65\u201d; and\n(ii) the phrase \u201cbefore she attained age 60\u201d in the matter following subparagraph (F) of\nsection 402(e)(1) of this title\nsection 402(f)(1) of this title\n(B) For purposes of subsection (b)(2)(A)(iii), each month in the period commencing with the first month for which an individual is first eligible for supplemental security income benefits under subchapter XVI, or State supplementary payments of the type referred to in\nsection 1382e(a) of this title\nsection 212(a) of Public Law 93\u201366\nsection 1382e(a) of this title\nsection 212(b) of Public Law 93\u201366\n(2) For purposes of determining entitlement to hospital insurance benefits under subsection (b) in the case of an individual under age 65 who is entitled to benefits under\nsection 402 of this title\n(3) For purposes of determining entitlement to hospital insurance benefits under subsection (b), any disabled widow aged 50 or older who is entitled to mother\u2019s insurance benefits (and who would have been entitled to widow\u2019s insurance benefits by reason of disability if she had filed for such widow\u2019s benefits), and any disabled widower aged 50 or older who is entitled to father\u2019s insurance benefits (and who would have been entitled to widower\u2019s insurance benefits by reason of disability if he had filed for such widower\u2019s benefits), shall, upon application for such hospital insurance benefits be deemed to have filed for such widow\u2019s or widower\u2019s insurance benefits.\n(4) For purposes of determining entitlement to hospital insurance benefits under subsection (b) in the case of an individual described in clause (iii) of subsection (b)(2)(A), the entitlement of such individual to widow\u2019s or widower\u2019s insurance benefits under section 402(e) or (f) of this title by reason of a disability shall be deemed to be the entitlement to such benefits that would result if such entitlement were determined without regard to the provisions of\nsection 402(j)(4) of this title\n(f)\nMedicare waiting period for recipients of disability benefits\nFor purposes of subsection (b) (and for purposes of\n(1) more than 60 months before the month in which his current disability began in any case where such monthly benefits were of the type specified in clause (A)(i) or (B) of subsection (b)(2), or\n(2) more than 84 months before the month in which his current disability began in any case where such monthly benefits were of the type specified in clause (A)(ii) or (A)(iii) of such subsection,\nshall not include any month which occurred during such previous period, unless the physical or mental impairment which is the basis for disability is the same as (or directly related to) the physical or mental impairment which served as the basis for disability in such previous period.\n(g)\nInformation regarding eligibility of Federal employees\nThe Secretary and Director of the Office of Personnel Management shall jointly prescribe and carry out procedures designed to assure that all individuals who perform medicare qualified government employment by virtue of service described in\nsection 410(a)(5) of this title\n1\n1 So in original. Probably should be \u201csubchapter III of chapter 83\u201d.\n(h)\nWaiver of waiting period for individuals with ALS\nFor purposes of applying this section in the case of an individual medically determined to have amyotrophic lateral sclerosis (ALS), the following special rules apply:\n(1) Subsection (b) shall be applied as if there were no requirement for any entitlement to benefits, or status, for a period longer than 1 month.\n(2) The entitlement under such subsection shall begin with the first month (rather than twenty-fifth month) of entitlement or status.\n(3) Subsection (f) shall not be applied.\n(i)\nCertain uninsured individuals\nFor entitlement to hospital insurance benefits in the case of certain uninsured individuals, see\nsection 426a of this title","url":"https://projectusc.org/usc/t42/s426.html","content":[{"t":"sec","id":"/us/usc/t42/s426","children":[{"t":"num","text":"\u00a7\u202f426."},{"t":"heading","text":"Entitlement to hospital insurance benefits"},{"t":"subsec","id":"/us/usc/t42/s426/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Individuals over 65 years"},{"t":"chapeau","text":"Every individual who\u2014"},{"t":"para","id":"/us/usc/t42/s426/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" has attained age 65, and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s426/a/2","children":[{"t":"num","text":"(2)"},{"t":"subpara","id":"/us/usc/t42/s426/a/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" is entitled to monthly insurance benefits under ","children":[{"t":"ref","text":"section 402 of this title","href":"/us/usc/t42/s402","tail":", would be entitled to those benefits except that he has not filed an application therefor (or application has not been made for a benefit the entitlement to which for any individual is a condition of entitlement therefor), or would be entitled to such benefits but for the failure of another individual, who meets all the criteria of entitlement to monthly insurance benefits, to meet such criteria throughout a month, and, in conformity with regulations of the Secretary, files an application for hospital insurance benefits under part A of subchapter XVIII,"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s426/a/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" is a qualified railroad retirement beneficiary, or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s426/a/2/C","children":[{"t":"num","text":"(C)"},{"t":"clause","id":"/us/usc/t42/s426/a/2/C/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" would meet the requirements of subparagraph (A) upon filing application for the monthly insurance benefits involved if medicare qualified government employment (as defined in ","children":[{"t":"ref","text":"section 410(p) of this title","href":"/us/usc/t42/s410/p","tail":") were treated as employment (as defined in "},{"t":"ref","text":"section 410(a) of this title","href":"/us/usc/t42/s410/a","tail":") for purposes of this subchapter, and (ii) files an application, in conformity with regulations of the Secretary, for hospital insurance benefits under part A of subchapter XVIII,"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"shall be entitled to hospital insurance benefits under part A of subchapter XVIII for each month for which he meets the condition specified in paragraph (2), beginning with the first month after June 1966 for which he meets the conditions specified in paragraphs (1) and (2).","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s426/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Individuals under 65 years"},{"t":"chapeau","text":"Every individual who\u2014"},{"t":"para","id":"/us/usc/t42/s426/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" has not attained age 65, and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s426/b/2","children":[{"t":"num","text":"(2)"},{"t":"subpara","id":"/us/usc/t42/s426/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" is entitled to, and has for 24 calendar months been entitled to, (i) disability insurance benefits under ","children":[{"t":"ref","text":"section 423 of this title","href":"/us/usc/t42/s423","tail":" or (ii) child\u2019s insurance benefits under "},{"t":"ref","text":"section 402(d) of this title","href":"/us/usc/t42/s402/d","tail":" by reason of a disability (as defined in "},{"t":"ref","text":"section 423(d) of this title","href":"/us/usc/t42/s423/d","tail":") or (iii) widow\u2019s insurance benefits under "},{"t":"ref","text":"section 402(e) of this title","href":"/us/usc/t42/s402/e","tail":" or widower\u2019s insurance benefits under "},{"t":"ref","text":"section 402(f) of this title","href":"/us/usc/t42/s402/f","tail":" by reason of a disability (as defined in "},{"t":"ref","text":"section 423(d) of this title","href":"/us/usc/t42/s423/d","tail":"), or"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s426/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" is, and has been for not less than 24 months, a disabled qualified railroad retirement beneficiary, within the meaning of ","children":[{"t":"ref","text":"section 231f(d) of title 45","href":"/us/usc/t45/s231f/d","tail":", or"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s426/b/2/C","children":[{"t":"num","text":"(C)"},{"t":"clause","id":"/us/usc/t42/s426/b/2/C/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" has filed an application, in conformity with regulations of the Secretary, for hospital insurance benefits under part A of subchapter XVIII pursuant to this subparagraph, and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s426/b/2/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"chapeau","text":" would meet the requirements of subparagraph (A) (as determined under the disability criteria, including reviews, applied under this subchapter), including the requirement that he has been entitled to the specified benefits for 24 months, if\u2014"},{"t":"subclause","id":"/us/usc/t42/s426/b/2/C/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" medicare qualified government employment (as defined in ","children":[{"t":"ref","text":"section 410(p) of this title","href":"/us/usc/t42/s410/p","tail":") were treated as employment (as defined in "},{"t":"ref","text":"section 410(a) of this title","href":"/us/usc/t42/s410/a","tail":") for purposes of this subchapter, and"}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s426/b/2/C/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" the filing of the application under clause (i) of this subparagraph were deemed to be the filing of an application for the disability-related benefits referred to in clause (i), (ii), or (iii) of subparagraph (A),","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"shall be entitled to hospital insurance benefits under part A of subchapter XVIII for each month beginning with the later of (I) July 1973 or (II) the twenty-fifth month of his entitlement or status as a qualified railroad retirement beneficiary described in paragraph (2), and ending (subject to the last sentence of this subsection) with the month following the month in which notice of termination of such entitlement to benefits or status as a qualified railroad retirement beneficiary described in paragraph (2) is mailed to him, or if earlier, with the month before the month in which he attains age 65. In applying the previous sentence in the case of an individual described in paragraph (2)(C), the \u201ctwenty-fifth month of his entitlement\u201d refers to the first month after the twenty-fourth month of entitlement to specified benefits referred to in paragraph (2)(C) and \u201cnotice of termination of such entitlement\u201d refers to a notice that the individual would no longer be determined to be entitled to such specified benefits under the conditions described in that paragraph. For purposes of this subsection, an individual who has had a period of trial work which ended as provided in ","children":[{"t":"ref","text":"section 422(c)(4)(A) of this title","href":"/us/usc/t42/s422/c/4/A","tail":", and whose entitlement to benefits or status as a qualified railroad retirement beneficiary as described in paragraph (2) has subsequently terminated, shall be deemed to be entitled to such benefits or to occupy such status (notwithstanding the termination of such entitlement or status) for the period of consecutive months throughout all of which the physical or mental impairment, on which such entitlement or status was based, continues, and throughout all of which such individual would have been entitled to monthly insurance benefits under this subchapter or as a qualified railroad retirement beneficiary had such individual been unable to engage in substantial gainful activity, but not in excess of 78 such months. In determining when an individual\u2019s entitlement or status terminates for purposes of the preceding sentence, the term \u201c36 months\u201d in the second sentence of "},{"t":"ref","text":"section 423(a)(1) of this title","href":"/us/usc/t42/s423/a/1","tail":", in "},{"t":"ref","text":"section 402(d)(1)(G)(i) of this title","href":"/us/usc/t42/s402/d/1/G/i","tail":", in the last sentence of "},{"t":"ref","text":"section 402(e)(1) of this title","href":"/us/usc/t42/s402/e/1","tail":", and in the last sentence of "},{"t":"ref","text":"section 402(f)(1) of this title","href":"/us/usc/t42/s402/f/1","tail":" shall be applied as though it read \u201c15 months\u201d."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s426/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Conditions"},{"t":"chapeau","text":"For purposes of subsection (a)\u2014"},{"t":"para","id":"/us/usc/t42/s426/c/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" entitlement of an individual to hospital insurance benefits for a month shall consist of entitlement to have payment made under, and subject to the limitations in, part A of subchapter XVIII on his behalf for inpatient hospital services, post-hospital extended care services, and home health services (as such terms are defined in part E of subchapter XVIII) furnished him in the United States (or outside the United States in the case of inpatient hospital services furnished under the conditions described in ","children":[{"t":"ref","text":"section 1395f(f) of this title","href":"/us/usc/t42/s1395f/f","tail":") during such month; except that (A) no such payment may be made for post-hospital extended care services furnished before January 1967, and (B) no such payment may be made for post-hospital extended care services unless the discharge from the hospital required to qualify such services for payment under part A of subchapter XVIII occurred (i) after "},{"t":"text","text":"June 30, 1966","tail":", or on or after the first day of the month in which he attains age 65, whichever is later, or (ii) if he was entitled to hospital insurance benefits pursuant to subsection (b), at a time when he was so entitled; and"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s426/c/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" an individual shall be deemed entitled to monthly insurance benefits under section 402 or ","children":[{"t":"ref","text":"section 423 of this title","href":"/us/usc/t42/s423","tail":", or to be a qualified railroad retirement beneficiary, for the month in which he died if he would have been entitled to such benefits, or would have been a qualified railroad retirement beneficiary, for such month had he died in the next month."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s426/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"\u201cQualified railroad retirement beneficiary\u201d defined"},{"t":"content","children":[{"t":"p","text":"For purposes of this section, the term \u201cqualified railroad retirement beneficiary\u201d means an individual whose name has been certified to the Secretary by the Railroad Retirement Board under ","children":[{"t":"ref","text":"section 231f(d) of title 45","href":"/us/usc/t45/s231f/d","tail":". An individual shall cease to be a qualified railroad retirement beneficiary at the close of the month preceding the month which is certified by the Railroad Retirement Board as the month in which he ceased to meet the requirements of "},{"t":"ref","text":"section 231f(d) of title 45","href":"/us/usc/t45/s231f/d","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s426/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Benefits for widows and widowers"},{"t":"para","id":"/us/usc/t42/s426/e/1","children":[{"t":"num","text":"(1)"},{"t":"subpara","id":"/us/usc/t42/s426/e/1/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" For purposes of determining entitlement to hospital insurance benefits under subsection (b) in the case of widows and widowers described in paragraph (2)(A)(iii) thereof\u2014"},{"t":"clause","id":"/us/usc/t42/s426/e/1/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the term \u201cage 60\u201d in sections 402(e)(1)(B)(ii), 402(e)(4), 402(f)(1)(B)(ii), and 402(f)(4) of this title shall be deemed to read \u201cage 65\u201d; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s426/e/1/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the phrase \u201cbefore she attained age 60\u201d in the matter following subparagraph (F) of ","children":[{"t":"ref","text":"section 402(e)(1) of this title","href":"/us/usc/t42/s402/e/1","tail":" and the phrase \u201cbefore he attained age 60\u201d in the matter following subparagraph (F) of "},{"t":"ref","text":"section 402(f)(1) of this title","href":"/us/usc/t42/s402/f/1","tail":" shall each be deemed to read \u201cbased on a disability\u201d."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s426/e/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" For purposes of subsection (b)(2)(A)(iii), each month in the period commencing with the first month for which an individual is first eligible for supplemental security income benefits under subchapter XVI, or State supplementary payments of the type referred to in ","children":[{"t":"ref","text":"section 1382e(a) of this title","href":"/us/usc/t42/s1382e/a","tail":" (or payments of the type described in "},{"t":"ref","text":"section 212(a) of Public Law 93\u201366","href":"/us/pl/93/66/s212/a","tail":") which are paid by the Secretary under an agreement referred to in "},{"t":"ref","text":"section 1382e(a) of this title","href":"/us/usc/t42/s1382e/a","tail":" (or in "},{"t":"ref","text":"section 212(b) of Public Law 93\u201366","href":"/us/pl/93/66/s212/b","tail":"), shall be included as one of the 24 months for which such individual must have been entitled to widow\u2019s or widower\u2019s insurance benefits on the basis of disability in order to become entitled to hospital insurance benefits on that basis."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s426/e/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" For purposes of determining entitlement to hospital insurance benefits under subsection (b) in the case of an individual under age 65 who is entitled to benefits under ","children":[{"t":"ref","text":"section 402 of this title","href":"/us/usc/t42/s402","tail":", and who was entitled to widow\u2019s insurance benefits or widower\u2019s insurance benefits based on disability for the month before the first month in which such individual was so entitled to old-age insurance benefits (but ceased to be entitled to such widow\u2019s or widower\u2019s insurance benefits upon becoming entitled to such old-age insurance benefits), such individual shall be deemed to have continued to be entitled to such widow\u2019s insurance benefits or widower\u2019s insurance benefits for and after such first month."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s426/e/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" For purposes of determining entitlement to hospital insurance benefits under subsection (b), any disabled widow aged 50 or older who is entitled to mother\u2019s insurance benefits (and who would have been entitled to widow\u2019s insurance benefits by reason of disability if she had filed for such widow\u2019s benefits), and any disabled widower aged 50 or older who is entitled to father\u2019s insurance benefits (and who would have been entitled to widower\u2019s insurance benefits by reason of disability if he had filed for such widower\u2019s benefits), shall, upon application for such hospital insurance benefits be deemed to have filed for such widow\u2019s or widower\u2019s insurance benefits.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s426/e/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" For purposes of determining entitlement to hospital insurance benefits under subsection (b) in the case of an individual described in clause (iii) of subsection (b)(2)(A), the entitlement of such individual to widow\u2019s or widower\u2019s insurance benefits under section 402(e) or (f) of this title by reason of a disability shall be deemed to be the entitlement to such benefits that would result if such entitlement were determined without regard to the provisions of ","children":[{"t":"ref","text":"section 402(j)(4) of this title","href":"/us/usc/t42/s402/j/4","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s426/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Medicare waiting period for recipients of disability benefits"},{"t":"chapeau","text":"For purposes of subsection (b) (and for purposes of ","children":[{"t":"ref","text":"section 1395p(g)(1) of this title","href":"/us/usc/t42/s1395p/g/1","tail":" and "},{"t":"ref","text":"section 231f(d)(2)(ii) of title 45","href":"/us/usc/t45/s231f/d/2/ii","tail":"), the 24 months for which an individual has to have been entitled to specified monthly benefits on the basis of disability in order to become entitled to hospital insurance benefits on such basis effective with any particular month (or to be deemed to have enrolled in the supplementary medical insurance program, on the basis of such entitlement, by reason of "},{"t":"ref","text":"section 1395p(f) of this title","href":"/us/usc/t42/s1395p/f","tail":"), where such individual had been entitled to specified monthly benefits of the same type during a previous period which terminated\u2014"}]},{"t":"para","id":"/us/usc/t42/s426/f/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" more than 60 months before the month in which his current disability began in any case where such monthly benefits were of the type specified in clause (A)(i) or (B) of subsection (b)(2), or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s426/f/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" more than 84 months before the month in which his current disability began in any case where such monthly benefits were of the type specified in clause (A)(ii) or (A)(iii) of such subsection,","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"shall not include any month which occurred during such previous period, unless the physical or mental impairment which is the basis for disability is the same as (or directly related to) the physical or mental impairment which served as the basis for disability in such previous period.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s426/g","children":[{"t":"num","text":"(g)"},{"t":"heading","text":"Information regarding eligibility of Federal employees"},{"t":"content","children":[{"t":"p","text":"The Secretary and Director of the Office of Personnel Management shall jointly prescribe and carry out procedures designed to assure that all individuals who perform medicare qualified government employment by virtue of service described in ","children":[{"t":"ref","text":"section 410(a)(5) of this title","href":"/us/usc/t42/s410/a/5","tail":" are fully informed with respect to (1) their eligibility or potential eligibility for hospital insurance benefits (based on such employment) under part A of subchapter XVIII, (2) the requirements for and conditions of such eligibility, and (3) the necessity of timely application as a condition of entitlement under subsection (b)(2)(C), giving particular attention to individuals who apply for an annuity under chapter 83\u202f"},{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. Probably should be \u201csubchapter III of chapter 83\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be \u201csubchapter III of chapter 83\u201d.","tail":" of title 5 or under another similar Federal retirement program, and whose eligibility for such an annuity is or would be based on a disability."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s426/h","children":[{"t":"num","text":"(h)"},{"t":"heading","text":"Waiver of waiting period for individuals with ALS"},{"t":"chapeau","text":"For purposes of applying this section in the case of an individual medically determined to have amyotrophic lateral sclerosis (ALS), the following special rules apply:"},{"t":"para","id":"/us/usc/t42/s426/h/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" Subsection (b) shall be applied as if there were no requirement for any entitlement to benefits, or status, for a period longer than 1 month.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s426/h/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" The entitlement under such subsection shall begin with the first month (rather than twenty-fifth month) of entitlement or status.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s426/h/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" Subsection (f) shall not be applied.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s426/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"Certain uninsured individuals"},{"t":"content","children":[{"t":"p","text":"For entitlement to hospital insurance benefits in the case of certain uninsured individuals, see ","children":[{"t":"ref","text":"section 426a of this title","href":"/us/usc/t42/s426a","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}