WHAT THE LAW DOINCongress, in plain words

The law › Title 42, The Public Health and Welfare › Chapter 7

42 U.S.C. 1395r: Amount of premiums for individuals enrolled under this part

Created in 1965 by Public Law 89-97. Changed by 34 later laws. 1 bill in this Congress would change it.

13 other sections of the Code cite this one, including 5 U.S.C. 8903c, 42 U.S.C. 1395b–9, 42 U.S.C. 1395i–2, 42 U.S.C. 1395l, 42 U.S.C. 1395p.

1 part of federal rules cite it as their authority, written by Social Security Administration (1).

This Congress

  • H.R. 9877 Health Equity and Accountability Act of 2026 · introduced · would change (a), (b)

How it got here

2022

  • Pub. L. 117–108, §101(b)(3)(A), substituted "(as defined in paragraph (3)(A)(i)). The Secretary shall enter into an agreement with the United States Postal Service under which the United States Postal Service agrees to pay on a quarterly or other periodic basis to the Secretary (to … (Postal Service Reform Act of 2022) Law text · (e)
  • Pub. L. 117–108, §101(b)(3)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "The term 'eligible individual' means an individual who is enrolled under this part B and who is within a class of individuals specified in the agreement under paragrap… (Postal Service Reform Act of 2022) Law text · (e)

2020

  • Pub. L. 116–159, §2401(a)(1), substituted "(5), (6), and (7)" for "(5) and (6)". (Continuing Appropriations Act, 2021 and Other Extensions Act) Law text · (a)
  • Pub. L. 116–159, §2401(a)(2)(A), substituted "subsections (d)(1) and (e)(1) of section 1395w of this title" for "section 1395w(d)(1) of this title". (Continuing Appropriations Act, 2021 and Other Extensions Act) Law text · (a)
  • Pub. L. 116–159, §2401(a)(2)(B), substituted "paragraphs (5) and (7)" for "paragraph (5)". (Continuing Appropriations Act, 2021 and Other Extensions Act) Law text · (a)
  • Pub. L. 116–159, §2401(a)(3), added par. (7). (Continuing Appropriations Act, 2021 and Other Extensions Act) Law text · (a)
  • Pub. L. 116–260, §402(d)(1)(A), inserted at end "No increase in the premium shall be effected for individuals who are enrolled pursuant to section 1395o(b) of this title for coverage only of immunosuppressive drugs." (Consolidated Appropriations Act, 2021) Law text · (b)
  • Pub. L. 116–260, §120(a)(2)(C)(ii), (3), substituted "(i)(4), (l), or (m)" for "(i)(4) or (l)" and inserted at end "For purposes of determining any increase under this subsection for individuals whose enrollment occurs on or after January 1, 2023, the second sentence of this subsection shall be app… (Consolidated Appropriations Act, 2021) Law text · (b)
  • Pub. L. 116–260, §402(a)(2)(B)(i), substituted "section 1395o(a) of this title" for "section 1395o of this title" in two places. (Consolidated Appropriations Act, 2021) Law text · (d)
  • Pub. L. 116–260, §402(d)(2), inserted at end "Any increase in the premium for an individual who was enrolled under section 1395o(b) of this title attributable to such individual otherwise enrolling under this part shall not be taken into account in applying this subsection." (Consolidated Appropriations Act, 2021) Law text · (f)
  • Pub. L. 116–159, §2401(d), realigned margins. (Continuing Appropriations Act, 2021 and Other Extensions Act) Law text · (i)
  • Pub. L. 116–260, §402(d)(3), inserted "(or, with respect to an individual enrolled under section 1395o(b) of this title and not otherwise enrolled under this part, 0 times the amount of such increase)" after "in the year". (Consolidated Appropriations Act, 2021) Law text · (i)
  • Pub. L. 116–260, §402(d)(1)(B), added subsec. (j). (Consolidated Appropriations Act, 2021) Law text · (j)

2018

  • Pub. L. 115–123, §53114(a)(1), struck out "years beginning with" after "Subject to paragraph (5), for". (Bipartisan Budget Act of 2018) Law text · (i)
  • Pub. L. 115–123, §53114(a)(2), added subcl. (III). (Bipartisan Budget Act of 2018) Law text · (i)
  • Pub. L. 115–123, §53114(b), inserted before period at end "except, with respect to the dollar amounts applied in the last row of the table under subclause (III) of such clause (and the second dollar amount specified in the second to last row of such table), clause (i) shall b… (Bipartisan Budget Act of 2018) Law text · (i)
  • Pub. L. 115–123, §53114(c)(1), substituted "Subject to subparagraph (C), in the case" for "In the case" in introductory provisions. (Bipartisan Budget Act of 2018) Law text · (i)
  • Pub. L. 115–123, §53114(c)(2), substituted "subparagraph (A) or (C)" for "subparagraph (A)". (Bipartisan Budget Act of 2018) Law text · (i)
  • Pub. L. 115–123, §53114(c)(3), added subpar. (C). (Bipartisan Budget Act of 2018) Law text · (i)

2015

  • Pub. L. 114–74, §601(a)(1), substituted "Subject to paragraphs (5) and (6), such actuarial" for "Such actuarial" in second sentence. (Bipartisan Budget Act of 2015) Law text · (a)
  • Pub. L. 114–74, §601(a)(2), added pars. (5) and (6). (Bipartisan Budget Act of 2015) Law text · (a), (6)
  • Pub. L. 114–10, §402(b)(1), inserted "(or, beginning with 2018, $85,000)" after "$80,000". (Medicare Access and CHIP Reauthorization Act of 2015) Law text · (i)
  • Pub. L. 114–10, §402(b)(2), inserted "applicable" before "table". (Medicare Access and CHIP Reauthorization Act of 2015) Law text · (i)
  • Pub. L. 114–74, §601(c), designated existing provisions as subcl. (I), substituted "year); plus" for "year).", and added subcl. (II). (Bipartisan Budget Act of 2015) Law text · (i)
  • Pub. L. 114–10, §402(a), designated existing provisions as subcl. (I) and inserted introductory provisions and added subcl. (II). (Medicare Access and CHIP Reauthorization Act of 2015) Law text · (i)
  • Pub. L. 114–10, §402(b)(3)(A), inserted "(other than 2018 and 2019)" after "2007" in introductory provisions. (Medicare Access and CHIP Reauthorization Act of 2015) Law text · (i)
  • Pub. L. 114–10, §402(b)(3)(B), inserted "(or, in the case of a calendar year beginning with 2020, August 2018)" after "August 2006". (Medicare Access and CHIP Reauthorization Act of 2015) Law text · (i)
  • Pub. L. 114–10, §402(b)(4), substituted "2017" for "2019" in introductory provisions. (Medicare Access and CHIP Reauthorization Act of 2015) Law text · (i)

2010

  • Pub. L. 111–148, §3110(b), substituted "subsection (i)(4) or (l) of section 1395p" for "section 1395p(i)(4)". (Patient Protection and Affordable Care Act) Law text · (b)
  • Pub. L. 111–148, §3402(1), inserted "subject to paragraph (6)," after "subsection," in introductory provisions. (Patient Protection and Affordable Care Act) Law text · (i)
  • Pub. L. 111–148, §3402(2), substituted "Subject to paragraph (6), the applicable" for "The applicable". (Patient Protection and Affordable Care Act) Law text · (i)
  • Pub. L. 111–148, §3402(3), (4), added par. (6) and redesignated former par. (6) as (7). (Patient Protection and Affordable Care Act) Law text · (i), (7)

2009

  • Pub. L. 111–5 inserted at end "In applying this paragraph there shall not be taken into account additional payments under section 1395w–4(o) of this title and section 1395w–23(l)(3) of this title and the Government contribution under section 1395w(a)(3) of this title." (American Recovery and Reinvestment Act of 2009) Law text · (a)

2006

  • Pub. L. 109–171, §5115(a)(1), inserted "or months for which the individual can demonstrate that the individual was an individual described in section 1395p(k)(3) of this title" before period at end of second sentence. (Deficit Reduction Act of 2005) Law text · (b)
  • Pub. L. 109–171, §5111(1), (2), substituted "3-year" for "5-year" in heading and "2009" for "2011" in introductory provisions. (Deficit Reduction Act of 2005) Law text · (i)
  • Pub. L. 109–171, §5111(3), substituted "33 percent" for "20 percent". (Deficit Reduction Act of 2005) Law text · (i)
  • Pub. L. 109–171, §5111(4), substituted "67 percent" for "40 percent". (Deficit Reduction Act of 2005) Law text · (i)
  • Pub. L. 109–171, §5111(5), struck out cls. (iii) and (iv), which read as follows: (Deficit Reduction Act of 2005) Law text · (i), (iv)

2003

  • Pub. L. 108–173, §811(b)(1)(A), substituted "(f), and (i)" for "and (f)". (Medicare Prescription Drug, Improvement, and Modernization Act of 2003) Law text · (a)
  • Pub. L. 108–173, §222(l)(2)(A), substituted "any credit provided under section 1395w–24(b)(1)(C)(ii)(III)" for "80 percent of any reduction elected under section 1395w–24(f)(1)(E)". (Medicare Prescription Drug, Improvement, and Modernization Act of 2003) Law text · (a)
  • Pub. L. 108–173, §736(b)(7), substituted "will equal one-half of the total" for "which will equal one-half of the total". (Medicare Prescription Drug, Improvement, and Modernization Act of 2003) Law text · (a)
  • Pub. L. 108–173, §811(b)(1)(B), inserted "(without regard to any adjustment under subsection (i))" after "subsection (a)". (Medicare Prescription Drug, Improvement, and Modernization Act of 2003) Law text · (b)
  • Pub. L. 108–173, §625(a)(1), inserted at end "No increase in the premium shall be effected for a month in the case of an individual who enrolls under this part during 2001, 2002, 2003, or 2004 and who demonstrates to the Secretary before December 31, 2004, that the individual is a covered beneficia… (Medicare Prescription Drug, Improvement, and Modernization Act of 2003) Law text · (b)
  • Pub. L. 108–173, §811(b)(1)(C), substituted "if the monthly premium" for "and if the monthly premium" and inserted "and if the amount of the individual's premium is not adjusted for such January under subsection (i)," after "section 1395s(b)(1) of this title,". (Medicare Prescription Drug, Improvement, and Modernization Act of 2003) Law text · (f)
  • Pub. L. 108–173, §105(a), substituted "attributable to—" for "attributable to", inserted par. (1) designation before "the application of", substituted "; and" for period at end, and added par. (2). (Medicare Prescription Drug, Improvement, and Modernization Act of 2003) Law text · (g)
  • Pub. L. 108–173, §241(b)(2)(A), added subsec. (h). (Medicare Prescription Drug, Improvement, and Modernization Act of 2003) Law text · (h)
  • Pub. L. 108–173, §811(a), added subsec. (i). (Medicare Prescription Drug, Improvement, and Modernization Act of 2003) Law text · (i)

2000

  • Pub. L. 106–554 substituted "shall be the amount determined under paragraph (3), adjusted as required in accordance with subsections (b), (c), and (f), and to reflect 80 percent of any reduction elected under section 1395w–24(f)(1)(E) of this title." for "shall, except as provided i… (Consolidated Appropriations Act, 2001) Law text · (a)

1998

  • Pub. L. 105–277, §5101(e)(1), inserted "(except as provided in subsection (g))" after "year that". (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999) Law text · (a)
  • Pub. L. 105–277, §5101(e)(2), added subsec. (g). (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999) Law text · (g)

1997

  • Pub. L. 105–33, §4571(b)(1)(A), substituted "subsections (b), (c), and (f)" for "subsections (b) and (e)". (Balanced Budget Act of 1997) Law text · (a)
  • Pub. L. 105–33, §4571(b)(1)(B), in last sentence, inserted "rate" after "monthly premium" and struck out "and the derivation of the dollar amounts specified in this paragraph" before period at end. (Balanced Budget Act of 1997) Law text · (a)
  • Pub. L. 105–33, §4571(a), substituted "The Secretary, during September of each year, shall determine and promulgate a monthly premium rate for the succeeding calendar year that is equal to 50 percent of the monthly actuarial rate for enrollees age 65 and over, determined according to paragraph (1),… (Balanced Budget Act of 1997) Law text · (a)
  • Pub. L. 105–33, §4631(a)(2), substituted "1395y(b)(1)(B)(iii) of this title" for "1395y(b)(1)(B)(iv) of this title" in second sentence. (Balanced Budget Act of 1997) Law text · (b)
  • Pub. L. 105–33, §4571(b)(1)(C), struck out "or (e)" after "determined under subsection (a)" in first sentence. (Balanced Budget Act of 1997) Law text · (b)
  • Pub. L. 105–33, §4581(a), inserted "and not pursuant to a special enrollment period under section 1395p(i)(4) of this title" after "section 1395p of this title)" in first sentence. (Balanced Budget Act of 1997) Law text · (b)
  • Pub. L. 105–33, §4571(b)(1)(D), (E), redesignated subsec. (g) as (e) and struck out former subsec. (e) which read as follows: (Balanced Budget Act of 1997) Law text · (e)
  • Pub. L. 105–33, §4582, inserted "(or any appropriate State or local governmental entity specified by the Secretary)" after "request of a State" and inserted "(or such entity)" after "agreement with the State" and after "which the State". (Balanced Budget Act of 1997) Law text · (e)
  • Pub. L. 105–33, §4571(b)(1)(E), redesignated subsec. (g) as (e). (Balanced Budget Act of 1997) Law text · (g)

1994

  • Pub. L. 103–432, §151(c)(3), in second sentence, inserted "status" after "current employment" and substituted "(as that term is defined in section 1395y(b)(1)(B)(iv) of this title) by reason of the individual's current employment status (or the current employment status of a family mem… · (b)
  • Pub. L. 103–432, §144, added subsec. (g). · (g)

1993

  • Pub. L. 103–66, §13571(1), substituted "after December 1995 and prior to January 1999 shall be an amount equal to 50 percent" for "December 1983 and prior to January 1991 shall be an amount equal to 50 percent". · (e)
  • Pub. L. 103–66, §13571(2), substituted "1998" for "1991". · (e)

1990

  • Pub. L. 101–508 designated existing provisions as subpar. (A) and added subpar. (B). · (e)

1989

  • Pub. L. 101–234 repealed Pub. L. 100–360, §211(c)(1)(A)–(D), and provided that the provisions of law amended or repealed by such section are restored or revised as if such section had not been enacted, see 1988 Amendment notes below. · (a)
  • Pub. L. 101–239, §6202(c)(2), struck out "during which the individual has attained the age of 65 and" after "into account months" in second sentence. · (b)
  • Pub. L. 101–239, §6202(b)(4)(C), substituted "section 1395y(b)(1)(A)(v)" and "section 1395y(b)(1)(B)(iv)" for "section 1395y(b)(3)(A)(iv)" and "section 1395y(b)(4)(B)", respectively. · (b)
  • Pub. L. 101–234 repealed Pub. L. 100–360, §211(c)(1)(E), and provided that the provisions of law amended or repealed by such section are restored or revised as if such section had not been enacted, see 1988 Amendment note below. · (b)
  • Pub. L. 101–239, §6301, substituted "1991" for "1990" wherever appearing. · (e)
  • Pub. L. 101–234 repealed Pub. L. 100–360, §211(c)(1)(F), and provided that the provisions of law amended or repealed by such section are restored or revised as if such section had not been enacted, see 1988 Amendment note below. · (e)
  • Pub. L. 101–234 repealed Pub. L. 100–360, §211(a), and provided that the provisions of law amended or repealed by such section are restored or revised as if such section had not been enacted, see 1988 Amendment note below. · (g)

1988

  • Pub. L. 100–360, §211(c)(1)(A), (B), inserted "(other than costs relating to the amendments made by the Medicare Catastrophic Coverage Act of 1988)" before period at end of second sentence, and ", but shall not take into account any amounts in the Trust Fund that may be attributable… · (a)
  • Pub. L. 100–360, §211(c)(1)(C), substituted ", (e), and (g)" for "and (e)". · (a)
  • Pub. L. 100–360, §211(c)(1)(D), substituted "subsections (e) and (g)" for "subsection (e)" in introductory provisions. · (a)
  • Pub. L. 100–360, §211(c)(1)(A), (B), inserted "(other than costs relating to the amendments made by the Medicare Catastrophic Coverage Act of 1988)" before period at end of second sentence, and ", but shall not take into account any amounts in the Trust Fund that may be attributable… · (a)
  • Pub. L. 100–360, §211(c)(1)(E), substituted "otherwise determined under this section (without regard to subsections (f) and (g)(6))" for "determined under subsection (a) or (e)". · (b)
  • Pub. L. 100–360, §211(c)(1)(F), inserted "except as provided in subsection (g) of this section," after "subsection (a) of this section". · (e)
  • Pub. L. 100–485, §608(d)(8)(B), substituted "for that December below the amount of benefits payable to that individual for that November" for "for that January below the amount of benefits payable to that individual for that December". · (f)
  • Pub. L. 100–360, §211(b), amended subsec. (f) generally, substituting a single paragraph for former pars. (1) and (2). · (f)
  • Pub. L. 100–360, §211(a), added subsec. (g) relating to adjustment in medicare part B premium. · (g)
  • Pub. L. 100–485, §608(d)(9)(A)(i), substituted "year, over" for "year, and". · (g)
  • Pub. L. 100–485, §608(d)(9)(A)(ii), substituted "supplemental premium rate" for "supplemental rate". · (g)
  • Pub. L. 100–485, §608(d)(9)(A)(iii), substituted "of each such year" for "of such year". · (g)

1987

  • Pub. L. 100–203, §4080(1), substituted "1990" for "1989" wherever appearing. · (e)
  • Pub. L. 100–203, §4080(2), substituted "1987, or 1988" for "or 1987". · (f)
  • Pub. L. 100–203, §4080(3), substituted "1988, or 1989" for "or 1988". · (f)

1986

  • Pub. L. 99–509, §9319(c)(4), inserted "or months during which the individual has not attained the age of 65 and for which the individual can demonstrate that the individual was enrolled in a large group health plan as an active individual (as those terms are defined in section 1395y(b)… · (b)
  • Pub. L. 99–272, §9219(a)(1), substituted "months during which the individual has attained the age of 65 and for which the individual can demonstrate that the individual was enrolled in a group health plan described in section 1395y(b)(3)(A)(iv) of this title" for "months in which the individual has… · (b)
  • Pub. L. 99–272, §9313(1), substituted "1989" for "1988" wherever appearing. · (e)
  • Pub. L. 99–272, §9313(2), substituted ", 1986, or 1987" for "or 1986". · (f)
  • Pub. L. 99–272, §9313(3), substituted ", 1987, or 1988" for "or 1987". · (f)
  • Pub. L. 99–509, §9001(c), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "the monthly premium amount determined under subsection (a)(2) of this section for that January reduced by the amount (if any) necessary to make the monthly benefits under se… · (f)

1984

  • Pub. L. 98–369, §2338(a), inserted provision that there shall not be taken into account months in which the individual has met conditions specified in clauses (i) and (iii) of section 1395y(b)(3)(A) of this title and can demonstrate that the individual was enrolled in a group health pl… · (b)
  • Pub. L. 98–369, §2302(a), substituted "1988" for "1986" in pars. (1) and (2). · (e)
  • Pub. L. 98–369, §2302(b), added subsec. (f). · (f)
  • Pub. L. 98–617, §3(b)(4), substituted "for that December after the deduction" for "for that January after the deduction" and "for that December" for "for that November". · (f)

1983

  • Pub. L. 98–21, §606(a)(1), added subsec. (a) and struck out former subsec. (a) which provided that monthly premium of each individual enrolled under this part for each month before 1968 would be $3. · (a)
  • Pub. L. 98–21, §606(a)(3)(A), substituted "subsection (a) or (e)" for "subsection (b), (c), or (g)". · (b)
  • Pub. L. 98–21, §606(a)(1), (2), redesignated subsec. (d) as (b), and struck out former subsec. (b) which provided for determination by Secretary of monthly premium for each individual enrolled under this part for each month after 1967 and before July 1, 1973. · (b)
  • Pub. L. 98–21, §606(a)(1), (2), redesignated subsec. (e) as (c), and struck out former subsec. (c) which directed Secretary to determine during December of each year after 1972 the monthly actuarial rate for enrollees age 65 and over applicable to succeeding fiscal year (beginning July… · (c)
  • Pub. L. 98–21, §606(a)(3)(B), which directed that "purposes of subsection (b)" be substituted for "purposes of subsection (c)" was executed by substituting "purposes of subsection (b)" for "purposes of subsection (d)", as the probable intent of Congress in view of previous substitution… · (d)
  • Pub. L. 98–21, §606(a)(2), redesignated subsec. (f) as (d). Former subsec. (d) redesignated (b). · (d)
  • Pub. L. 97–448 inserted reference to determination of monthly premium pursuant to subsec. (g) of this section. · (d)
  • Pub. L. 98–21, §606(a)(2), redesignated subsec. (g) as (e). Former subsec. (e) redesignated (c). · (e)
  • Pub. L. 98–21, §606(a)(3)(C), substituted "(a)" for "(c)", "(a)(1)" for "(c)(1)", "December 1983" for "June 1983", and "January 1986" for "July 1985". · (e)
  • Pub. L. 98–21, §606(a)(3)(C)(i), (iii), substituted "(a)(3)" for "(c)(3)" and "January 1986" for "July 1985". · (e)
  • Pub. L. 98–21, §606(a)(2), redesignated subsecs. (f) and (g) as (d) and (e), respectively. · (f), (g)

1982

  • Pub. L. 97–248, §124(a)(1), substituted "except as provided in subsections (d) and (g)" for "except as provided in subsection (d)". · (c)
  • Pub. L. 97–248, §124(a)(2), inserted "(except as otherwise provided in subsection (g) of this section)". · (c)
  • Pub. L. 97–248, §124(b), added subsec. (g). · (g)

1981

  • Pub. L. 97–35 substituted "the close of the enrollment period in which he reenrolled" for "the month after the month in which he reenrolled" in cl. (2). · (d)

1980

  • Pub. L. 96–499 substituted "who reenrolls) (2) the months which elapsed between the date of termination of a previous coverage period and the month after the month in which he reenrolled" for "who enrolls for a second time) (2) the months which elapsed between the date of the terminati… · (d)

1977

  • Pub. L. 95–216 substituted "the monthly premium rate most recently promulgated by the Secretary under this paragraph, increased by a percentage determined as follows: The Secretary shall ascertain the primary insurance amount computed under section 415(a)(1) of this title, based … · (c)

1975

  • Pub. L. 94–182 substituted "May 1" for "June 1" wherever appearing. · (c)

1972

  • Pub. L. 92–603, §203(a), inserted "and before July 1, 1973" following "1967". · (b)
  • Pub. L. 92–603, §203(b), substituted "ending on or before December 31, 1971" for "thereafter". · (b)
  • Pub. L. 92–603, §203(c), added subsec. (c). Former subsec. (c) redesignated (d). · (c)
  • Pub. L. 92–603, §§201(c)(4), 203(c), (d)(1), redesignated former subsec. (c) as (d), inserted reference to subsec. (c) after reference to subsec. (b), inserted "(in the same continuous period of eligibility)" after "for each full 12 months", and inserted provisions relating to any incr… · (d)
  • Pub. L. 92–603, §203(c), redesignated former subsec. (d) as (e). Former subsec. (e) redesignated (f). · (e)
  • Pub. L. 92–603, §201(c)(5), added subsec. (e). · (e)
  • Pub. L. 92–603, §203(c), (d)(2), redesignated former subsec. (e) as (f) and substituted "subsection (d)" for "subsection (c)". · (f)

1968

  • Pub. L. 90–248 required Secretary, during December of each year, beginning in 1968, to determine and announce amount (whether or not such amount was applicable for premiums for any prior month) of supplementary medical insurance premium for 12-month period beginning on July 1 of eac… · (b)

Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.