195 immediately prior to the day on which he died, or (6) in the month prior to the month of her marriage to him (A) she was entitled to, or on application there for and attainment of age 62 in such prior month would have been entitled to, benefits under subsection (b), (e), or (h) of section 202, (B) she had attained age eighteen and was entitled to, or on application there for would have been entitled to, benefits under subsection (d) of such section (subject, however, to section 202(s)), or (C) she was entitled to, or upon application therefor and attainment of the required age (if any) would have been entitled to, a widow's child's (after attainment of age 18), or parent's insurance annuity under section [5] 2 of the Railroad Retirement Act of [1937] 1974, as amended. Husband (f) The term "husband" means the husband of an individual, but only if (1) he is the father of her son or daughter, (2) he was married to her for a period of not less than one year immediately preceding the day on which his application is filed, or (3) in the month prior to the month of his marriage to her (A) he was entitled to, or on application there for and attainment of age 62 in such prior month would have been entitled to, benefits under subsection (f), or (h) of section. 202, (B) he had attained age eighteen and was entitled to, or on application there for would have been entitled to, benefits under subsection (d) of such section (subject, however, to section 202 (s)), or (C) he was entitled to, or upon application there for and attainment of the required age (if any) he would have been entitled to, a widower's, child's (after attainment of age 18), or parent's insurance annuity. under section [5] 2 of the Railroad Retirement Act of [1937] 1974, as amended. Widower (g) The term "widower" (except when used in section 202(i)) means the surviving husband of an individual, but only if (1) he is the father of her son or daughter, (2) he legally adopted her son or daughter while he was married to her and while such son or daughter was under the age of eighteen. (3) she legally adopted his son or daughter while he was married to her and while such son or daughter was under the age of eighteen, (4) he was married to her at the time both of them legally adopted a child under the age of eighteen, (5) he was married to her for a period of not less than nine months immediately prior to the day on which she died, or (6) in the month before the month of his marriage to her (A) he was entitled to, or on application therefor and attainment of age 62 in such prior month would have been entitled to, benefits under subsection (f), or (a) of section 202. (B) he had attained age eighteen and was entitled to, or on application there for would have been entitled to, benefits under subsection (d) of such section (subject, however, to section 202(s)), or (C) he was entitled to, or on application there for and attainment of the required age (if any) he would have been entitled to a widower's, child's (after attainment of age 18), or parent's insurance annuity under section [5] 2 of the Railroad Retirement Act of [1937] 1974, as amended. 196 ENTITLEMENT TO HOSPITAL INSURANCE BENEFITS SEC. 226. (a) Every individual who (1) has attained age 65, and (2) is entitled to monthly insurance benefits under section 202 or is a qualified railroad retirement beneficiary. shall be entitled to hospital insurance benefits under part A of title XVIII for each month for which he meets the condition specified in subparagraph (B), beginning with the first month after June 1966 for which he meets the conditions specified in subparagraphs (A) and (B). (b) Every individual who (1) has not attained age 65, and (2) (A) is entitled to, and has for 24 consecutive calendar months been entitled to (i) disability insurance benefits under section 223 or (ii) child's insurance benefits under section 202(d) by reason of a disability (as defined in section 223 (d)) or (iii) widow's insurance benefits under section 202 (e) or widower's insurance benefits under section 202(f) by reason of a disability (as defined in section 223(d)), or (B) is, and has been for not less than 24 consecutive months a disabled qualified railroad retirement beneficiary, within the meaning of section [22] 7(d) of the Railroad Retirement Act of [1937] 1974. shall be entitled to hospital insurance benefits under part A of title XVIII for each month beginning with the later of (I) July 1973 or (II) the twenty-fifth consecutive month of his entitlement or status as a qualified railroad retirement beneficiary described in paragraph (2), and ending 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. (d) For purposes of this section, the term "qualified railroad retirement beneficiary" means an individual whose name has been certified to the Secretary by the Railroad Retirement Board under section [21 or section 22] 7(d) of the Railroad Retirement Act of [1987] 1974. 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 section [21 or section 9217(d) of the Railroad Retirement Act of [1937] 1974. (e) Notwithstanding the foregoing provisions of this section, every individual who (1) has not attained the age of 65; (2) (A) is fully or currently insured (as such terms are defined in section 214 of this Act) or would be fully or currently insured if his service as an employee (as defined in the Railroad Retirement Act of [1937] 1974) after December 31, 1936, were included in the term "employment" as defined in this Act, or (B) is entitled to monthly insurance benefits under title II of this Act or an an 197 nuity under the Railroad Retirement Act of [1937] 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 [1973] 1974) after December 31, 1936, were included in the term "employment" as defined in this Act, or (D) is the spouse 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 [1937] 1974; and (3) is medically determined to have chronic renal disease and who requires hemodialysis or renal transportation for such disease: shall be deemed to be disabled for purposes of coverage under parts A and B of Medicare subject to the deductible, premium, and copayment provisions of title XVIII. PAYMENT OF PREMIUMS SEC. 1840. (a) (1) *** (b) (1) In the case of an individual who is entitled to receive for a month an annuity [or pension] under the Railroad Retirement Act of [1937] 1974 whether or not such individual is also entitled for such month to a monthly insurance benefit under section 202. his monthly premiums under this part shall (except as provided in subsection (c)) be collected by deducting the amount thereof from such annuity or pension. Such deduction shall be made in such manner and at such times as the Secretary shall by regulations prescribe. Such regulations shall be prescribed only after consultation with the Railroad Retirement Board. USE OF CARRIERS FOR ADMINISTRATION OF BENEFITS SEC. 1842. (a) ** (g) The Railroad Retirement Board shall, in accordance with such regulations as the Secretary may prescribe, contract with a carrier or carriers to perform the functions set out in this section with respect. to individuals entitled to benefits as qualified railroad retirement beneficiaries pursuant to section 26(a) of this Act and section [21(b)] 7(d) of the Railroad Retirement Act of [1937] 1974 STATE AGREEMENTS FOR COVERAGE OF ELIGIBLE INDIVIDUALS WHO ARE RECEIVING MONEY PAYMENTS UNDER PUBLIC ASSISTANCE PROGRAMS (OR ARE ELIGIBLE FOR MEDICAL ASSISTANCE) SEC. 1843. (a) The Secretary shall, at the request of a State made before January 1, 1970, enter into an agreement with such State pursuant to which all eligible individuals in either of the coverage groups described in subsection (b) (as specified in the agreement) will be enrolled under the program established by this part. 198 (b) An agreement entered into with any State pursuant to subsection (a) may be applicable to either of the following coverage groups: (1) individuals receiving money payments under the plan of such State approved under title I or title XVI; or (2) individuals receiving money payments under all of the plans of such State approved under titles I, X, XIV, and XVI. and part A of title IV. Except as provided in subsection (g), there shall be excluded from any coverage group any individual who is entitled to monthly insurance benefits under title II or who is entitled to receive an annuity [or pension] under the Railroad Retirement Act of [1937] 1974. Effective January 1, 1974, and subject to section 1902(f), the Secretary shall, at the request of any State not eligible to participate in the State plan program established under title XVI, continue in effect the agreement entered into under this section with such State subject to such modifications as the Secretary may by regulations provide to take account of the termination of any plans of such State approved under titles I. X, XIV, and XVI and the establishment of the supplemental security income program under title XVI. OVERPAYMENTS ON BEHALF OF INDIVIDUALS AND SETTLEMENT OF CLAIMS FOR BENEFITS ON BEHALF OF DECEASED INDIVIDUALS SEC. 1870. (a) Any payment under this title to any provider of services or other person with respect to any items or services furnished any individual shall be regarded as a payment to such individual. (b) Where (1) more than the correct amount is paid under this title to a provider of services or other person for items or services furnished an individual and the Secretary determines (A) that, within such period as he may specify, the excess over the correct amount cannot be recouped from such provider of services or other person, or (B) such that provider of services or other person was without fault with respect to the payment of such excess over the correct amount, or (2) any payment has been made under section 1814(e) to a provider of services or other person for items or services furnished an individual, proper adjustments shall be made, under regulations prescribed (after consultation with the Railroad Retirement Board) by the Secretary, by decreasing subsequent payments (3) to which such individual is entitled under title II of this Act or under the Railroad Retirement Act of [1937] 1974, as the case may be, or (4) if such individual dies before such adjustment has been completed, to which any other individual is entitled under title II of this Act or under the Railroad Retirement Act of [1937] 1974, as the case may be, with respect to the wages and self-employment income or the compensation constituting the basis of the benefits of such deceased individual under title I of such Act. 199 As soon as practicable after any adjustment under paragraph (3) or (4) is determined to be necessary, the Secretary, for purposes of this section, section 1817(g), and section 1841 (f), shall certify (to the Railroad Retirement Board if the adjustment is to be made by decreasing subsequent payments under the Railroad Retirement Act of [1987] 1974) the amount of the overpayment as to which the adjustment is to be made. For purposes of clause (B) of paragraph (1), such provider of services or such other person shall, in the absence of evidence to the contrary, be deemed to be without fault if the Secretary's determination that more than such correct amount was paid was made subsequent to the third year following the year in which notice was sent to such individual that such amount had been paid; except that the Secretary may reduce such three-year period to not less than one year if he finds such reduction is consistent with the objectives of this title. ADMINISTRATION SEC. 1874. (a) Except as otherwise provided in this title and in the Railroad Retirement Act of [1937] 1974, the insurance programs established by this title shall be administered by the Secretary. The Secretary may perform any of his functions under this title directly, or by contract providing for payment in advance or by way of reimbursement, and in such installments, as the Secretary may deem necessary. (b) The Secretary may contract with any person, agency, or institution to secure on a reimbursable basis such special data, actuarial information, and other information as may be necessary in the carrying out of his functions under this title. (c) In the course of any hearing, investigation, or other proceeding that he is authorized to conduct under this title, the Secretary may administer oaths and affirmations. RAILROAD UNEMPLOYMENT INSURANCE ACT BENEFITS SEC. 2. (a) (c) The maximum number of days of unemployment within a benefit year for which benefits may be paid to an emplovee shall be one hundred and thirty, and the maximum number of days of sickness within a benefit year for which benefits may be paid to an employee shall be one hundred and thirty: Provided, however, That the total amount of benefits which may be paid to an employee for days of unemployment within a benefit year shall in no case exceed the employee's compensation in the base year; and the total amount of benefits which may be paid to an employee for days of sickness within a benefit year shall in no case exceed the employee's compensation in the base year: And provided further, That, with respect to an employee who has ten or more years of service as defined in section 1(f) of the Railroad Retirement Act of [1937] 1974, who did not voluntarily retire and (in a |