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42 U.S.C. § 1314 — Public advisory groups

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1314 — Public advisory groups

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Source file: Laws/federal/codes/united-states-code/title-42/section-1314-public-advisory-groups--9f96a8d7a8.md
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Source location: Title 42, Chapter 7, § 1314; chapter-007-social-security.md

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**(a) Advisory Council on Public Welfare; appointment and functions of initial Council** The Secretary shall, during 1964, appoint an Advisory Council on Public Welfare for the purpose of reviewing the administration of the public assistance and child welfare services programs for which funds are appropriated pursuant to this chapter and making recommendations for improvement of such administration, and reviewing the status of and making recommendations with respect to the public assistance programs for which funds are so appropriated, especially in relation to the old-age, survivors, and disability insurance program, with respect to the fiscal capacities of the States and the Federal Government, and with respect to any other matters bearing on the amount and proportion of the Federal and State shares in the public assistance and child welfare services programs. **(b) Membership and representation of interests on initial Council** The Council shall be appointed by the Secretary without regard to the provisions of title 5 governing appointments in the competitive service and shall consist of twelve persons who shall, to the extent possible, be representatives of employers and employees in equal numbers, representatives of State or Federal agencies concerned with the administration or financing of the public assistance and child welfare services programs, representatives of nonprofit private organizations concerned with social welfare programs, other persons with special knowledge, experience, or qualifications with respect to such programs, and members of the public. **(c) Technical and other assistance for initial Council; availability of data** The Council is authorized to engage such technical assistance as may be required to carry out its functions, and the Secretary shall, in addition, make available to the Council such secretarial, clerical, and other assistance and such pertinent data prepared by the Department of Health and Human Services as it may require to carry out such functions. **(d) Termination of initial Council’s existence on submission of report** The Council shall make a report of its findings and recommendations (including recommendations for changes in the provisions of this chapter) to the Secretary, such report to be submitted not later than July 1, 1966, after which date such Council shall cease to exist. **(e) Succeeding Councils; appointment; functions; membership; representation of interests; assistance and data; termination** The Secretary shall also from time to time thereafter appoint an Advisory Council on Public Welfare, with the same functions and constituted in the same manner as prescribed for the Advisory Council in the preceding subsections of this section. Each Council so appointed shall report its findings and recommendations, as prescribed in subsection (d), not later than July 1 of the second year after the year in which it is appointed, after which date such Council shall cease to exist. **(f) Advisory committees; functions; reports by Secretary** The Secretary may also appoint, without regard to the provisions of title 5 governing appointments in the competitive service, such advisory committees as he may deem advisable to advise and consult with him in carrying out any of his functions under this chapter. The Secretary shall report to the Congress annually on the number of such committees and on the membership and activities of each such committee. **(g) Compensation and travel expenses** Members of the Council or of any advisory committee appointed under this section who are not regular full-time employees of the United States shall, while serving on business of the Council or any such committee, be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $75 per day, including travel time; and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by [section 5703 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5703&num=0&edition=prelim) for persons in Government service employed intermittently. **(h) Exemption from conflict of interest laws of members of Council or advisory committees; exceptions** (1) Any member of the Council or any advisory committee appointed under this chapter, who is not a regular full-time employee of the United States, is hereby exempted, with respect to such appointment, from the operation of sections 203, 205, and 209 of title 18, except as otherwise specified in paragraph (2) of this subsection. (2) The exemption granted by paragraph (1) shall not extend— (A) to the receipt or payment of salary in connection with the appointee’s Government service from any source other than the employer of the appointee at the time of his appointment, or (B) during the period of such appointment, to the prosecution or participation in the prosecution, by any person so appointed, of any claim against the Government involving any matter with which such person, during such period, is or was directly connected by reason of such appointment.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1013 — Termination of advisory committees

**(a) In General.—** (1) **Advisory committees in existence on january 5, 1973.—** — Each advisory committee that is in existence on January 5, 1973, shall terminate not later than the expiration of the 2-year period following that date unless— (A) in the case of an advisory committee established by the President or an officer of the Federal Government, such advisory committee is renewed by the President or that officer by appropriate action prior to the expiration of such 2-year period; or (B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law. (2) **Advisory committees established after january 5, 1973.—** — Each advisory committee established after January 5, 1973, shall terminate not later than the expiration of the 2-year period beginning on the date of its establishment unless— (A) in the case of an advisory committee established by the President or an officer of the Federal Government 11 So in original. Probably should be followed by a comma. such advisory committee is renewed by the President or such officer by appropriate action prior to the end of such period; or (B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law. **(b) Charters.—** (1) **Upon renewal.—** — Upon the renewal of an advisory committee, the advisory committee shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1008/c&num=0&edition=prelim). (2) **Upon expiration of successive 2-year periods.—** — An advisory committee established by an Act of Congress shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.x

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 401 — Trust Funds

**(a) Federal Old-Age and Survivors Insurance Trust Fund** There is hereby created on the books of the Treasury of the United States a trust fund to be known as the “Federal Old-Age and Survivors Insurance Trust Fund”. The Federal Old-Age and Survivors Insurance Trust Fund shall consist of the securities held by the Secretary of the Treasury for the Old-Age Reserve Account and the amount standing to the credit of the Old-Age Reserve Account on the books of the Treasury on January 1, 1940, which securities and amount the Secretary of the Treasury is authorized and directed to transfer to the Federal Old-Age and Survivors Insurance Trust Fund, and, in addition, such gifts and bequests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or deposited in, the Federal Old-Age and Survivors Insurance Trust Fund as hereinafter provided. There is hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund for the fiscal year ending June 30, 1941, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 per centum of— (1) the taxes (including interest, penalties, and additions to the taxes) received under subchapter A of chapter 9 of the Internal Revenue Code of 1939 (and covered into the Treasury) which are deposited into the Treasury by collectors of internal revenue before January 1, 1951; and (2) the taxes certified each month by the Commissioner of Internal Revenue as taxes received under subchapter A of chapter 9 of such Code which are deposited into the Treasury by collectors of internal revenue after December 31, 1950, and before January 1, 1953, with respect to assessments of such taxes made before January 1, 1951; and (3) the taxes imposed by

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 401

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5703 — Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay

An employee serving intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis, or serving without pay or at $1 a year, may be allowed travel or transportation expenses, under this subchapter, while away from his home or regular place of business and at the place of employment or service.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395y — Selected drug subsidy program

With respect to covered part D drugs that would be applicable drugs (as defined in [section 1395w–114c(g)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395w–114c/g/2&num=0&edition=prelim)) but for the application of subparagraph (B) of such section, the Secretary shall provide a process whereby, in the case of an applicable beneficiary (as defined in [section 1395w–114c(g)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395w–114c/g/1&num=0&edition=prelim)) who, with respect to a year, is enrolled in a prescription drug plan or is enrolled in an MA–PD plan, has not incurred costs that are equal to or exceed the annual out-of-pocket threshold specified in [section 1395w–102(b)(4)(B)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395w–102/b/4/B/i&num=0&edition=prelim), and is dispensed such a drug, the Secretary (periodically and on a timely basis) provides the PDP sponsor or the MA organization offering the plan, a subsidy with respect to such drug that is equal to 10 percent of the negotiated price (as defined in [section 1395w–114c(g)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395w–114c/g/6&num=0&edition=prelim)) of such drug.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395y

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395ee — Exclusions from coverage and medicare as secondary payer

**(a) Items or services specifically excluded** Notwithstanding any other provision of this subchapter, no payment may be made under part A or part B for any expenses incurred for items or services— (1) (A) which, except for items and services described in a succeeding subparagraph or additional preventive services (as described in [section 1395x(ddd)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/ddd/1&num=0&edition=prelim)), are not reasonable and necessary for the diagnosis or treatment of illness or injury or to improve the functioning of a malformed body member, (B) in the case of items and services described in [section 1395x(s)(10) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/s/10&num=0&edition=prelim), which are not reasonable and necessary for the prevention of illness, (C) in the case of hospice care, which are not reasonable and necessary for the palliation or management of terminal illness, (D) in the case of clinical care items and services provided with the concurrence of the Secretary and with respect to research and experimentation conducted by, or under contract with, the Medicare Payment Advisory Commission or the Secretary, which are not reasonable and necessary to carry out the purposes of [section 1395ww(e)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395ww/e/6&num=0&edition=prelim),11 See References in Text note below. (E) in the case of research conducted pursuant to [section 1320b–12 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320b-12&num=0&edition=prelim), which is not reasonable and necessary to carry out the purposes of that sec

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395ee

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42 U.S.C. § 1395qq — Determinations; appeals

**(a) Initial determinations** (1) **Promulgations of regulations** — The Secretary shall promulgate regulations and make initial determinations with respect to benefits under part A or part B in accordance with those regulations for the following: (A) The initial determination of whether an individual is entitled to benefits under such parts. (B) The initial determination of the amount of benefits available to the individual under such parts. (C) Any other initial determination with respect to a claim for benefits under such parts, including an initial determination by the Secretary that payment may not be made, or may no longer be made, for an item or service under such parts, an initial determination made by a quality improvement organization under [section 1320c–3(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320c–3/a/2&num=0&edition=prelim), and an initial determination made by an entity pursuant to a contract (other than a contract under [section 1395w–22 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395w-22&num=0&edition=prelim)) with the Secretary to administer provisions of this subchapter or subchapter XI. (2) **Deadlines for making initial determinations** (A) *In general* — Subject to subparagraph (B), in promulgating regulations under paragraph (1), initial determinations shall be concluded by not later than the 45-day period beginning on the date the fiscal intermediary or the carrier, as the case may be, receives a claim for benefits from an individual as described in paragraph (1). Notice of such determination shall be mailed to the individual filing the claim before the conclusion of such 45-day period. (B) *Clean claims* — Subparagraph (A)

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395qq

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395w–111 — Benefits and beneficiary protections

**(a) Basic benefits** (1) **Requirement** (A) *In general* — Except as provided in [section 1395w–28(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395w–28/b/3&num=0&edition=prelim) for MSA plans and except as provided in paragraph (6) for MA regional plans, each Medicare+Choice plan shall provide to members enrolled under this part, through providers and other persons that meet the applicable requirements of this subchapter and part A of subchapter XI, benefits under the original medicare fee-for-service program option (and, for plan years before 2006, additional benefits required under [section 1395w–24(f)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395w–24/f/1/A&num=0&edition=prelim)). (B) *Benefits under the original medicare fee-for-service program option defined* (i) *In general* — For purposes of this part, the term “benefits under the original medicare fee-for-service program option” means, subject to subsection (m), those items and services (other than hospice care or coverage for organ acquisitions for kidney transplants, including as covered under [section 1395rr(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395rr/d&num=0&edition=prelim)) for which benefits are available under parts A and B to individuals entitled to benefits under part A and enrolled under part B, with cost-sharing for those services as required under parts A and B or, subject to clause (iii), an actuarially equivalent level of cost-sharing as determined in this part. (ii) *Special rule for regional plans* — In the case of an MA regional plan in determining an actuarially equivalent level of cost-sharing with respect to be

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395w–111

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42 U.S.C. § 1314 — Public advisory groups

Page 2577 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1314 Editorial Notes AMENDMENTS 2021—Subsec. (d). Pub. L. 117–39 substituted ‘‘fiscal years 2021 and 2022, the total amount of such assistance provided during each such fiscal year shall not exceed $10,000,000’’ for ‘‘fiscal year 2020, the total amount of such assistance provided during such fiscal year shall not exceed $10,000,000’’. 2020—Subsec. (d). Pub. L. 116–148 substituted ‘‘fiscal year 2020, the total amount of such assistance provided during such fiscal year shall not exceed $10,000,000.’’ for ‘‘fiscal years 2017 and 2018, the total amount of such as- sistance provided during each such fiscal year shall not exceed $25,000,000.’’ 2017—Subsec. (d). Pub. L. 115–57 substituted ‘‘fiscal years 2017 and 2018’’ for ‘‘fiscal year 2010’’ and ‘‘each such fiscal year’’ for ‘‘that fiscal year’’. 2010—Subsec. (d). Pub. L. 111–127, which directed sub- stitution of ‘‘September 30, 2009, except that, in the case of fiscal year 2010, the total amount of such assist- ance provided during that fiscal year shall not exceed $25,000,000.’’ for ‘‘September, 30, 2003’’ and all that fol- lows through the end of subsec. (d), was executed by making the substitution for ‘‘September 30, 2003, except that, in the case of fiscal year 2006, the total amount of such assistance provided during that fiscal year shall not exceed $6,000,000.’’, which did not contain a comma after ‘‘September’’, to reflect the probable intent of Congress. 2006—Subsec. (d). Pub. L. 109–250 inserted ‘‘, except that, in the case of fiscal year 2006, the total amount of such assistance provided during that fiscal year shall not exceed $6,000,000’’ after ‘‘2003’’. 2003—Subsec. (d). Pub. L. 108–11 substituted ‘‘2003’’ for ‘‘1991’’. 1990—Subse

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1314

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