Part A—General Provisions
SEC. 1101.
[42 U.S.C. 1301] (a)
When used in this Act—
-
(1) The term “State”, except where otherwise
provided, includes the District of Columbia and the Commonwealth
of Puerto Rico, and when used in titles IV, V, VII, XI, XIX, and
XXI includes the Virgin Islands and Guam. Such term when used in
titles III, IX, and XII also includes the Virgin Islands. Such
term when used in title V and in part B of this title also
includes American Samoa, the Northern Mariana Islands, and the
Trust Territory of the Pacific Islands. Such term when used in
titles XIX and XXI also includes the Northern Mariana Islandsand
American Samoa. In the case of Puerto Rico, the Virgin Islands,
and Guam, titles I, X, and XIV, and title XVI (as in effect
without regard to the amendment made by section 301 of the
Social Security Amendments of 1972[3]) shall continue to
apply, and the term “State” when used in such titles
(but not in title XVI as in effect pursuant to such amendment
after December 31, 1973) includes Puerto Rico, the Virgin
Islands, and Guam. Such term when used in title XX also includes
the Virgin Islands, Guam, American Samoa, and the Northern
Mariana Islands. Such term when used in title IV also includes
American Samoa.
-
(2) The term “United States” when used in a
geographical sense means, except where otherwise provided, the
States.
-
(3) The term “person” means an individual, a trust
or estate, a partnership, or a corporation.
-
(4) The term “corporation” includes associations,
joint-stock companies, and insurance companies.
-
(5) The term “shareholder” includes a member in an
association, joint-stock company, or insurance company.
-
(6) The term “Secretary”, except when the context
otherwise requires, means the Secretary of Health and Human
Services.
-
(7) The terms “physician” and “medical
care” and “hospitalization” include
osteopathic practitioners or the services of osteopathic
practitioners and hospitals within the scope of their practice
as defined by State law.
-
(8)(A) The “Federal percentage” for any State (other
than Puerto Rico, the Virgin Islands, and Guam) shall be 100 per
centum less the State percentage; and the State percentage shall
be that percentage which bears the same ratio to 50 per centum
as the square of the per capita income of such State bears to
the square of the per capita income of the United States; except
that the Federal percentage shall in no case be less than 50 per
centum or more than 65 per centum.
-
(B) The Federal percentage for each State (other than Puerto
Rico, the Virgin Islands, and Guam) shall be promulgated by the
Secretary between October 1 and November 30 of each year, on the
basis of the average per capita income of each State and of the
United States for the three most recent calendar years for which
satisfactory data are available from the Department of Commerce.
Such promulgation shall be conclusive for each of the four
quarters in the period beginning October 1 next succeeding such
promulgation: Provided, That the Secretary shall
promulgate such percentages as soon as possible after the
enactment of the Social Security Amendments of 1958[4], which
promulgation shall be conclusive for each of the eleven quarters
in the period beginning October 1, 1958, and ending with the
close of June 30, 1961.
-
(C) The term “United States” means (but only for
purposes of subparagraphs (A) and (B) of this paragraph) the
fifty States and the District of Columbia.
-
(D) Promulgations made before satisfactory data are available
from the Department of Commerce for a full year on the per
capita income of Alaska shall prescribe a Federal percentage for
Alaska of 50 per centum and, for purposes of such promulgations,
Alaska shall not be included as part of the “United
States”. Promulgations made thereafter but before per
capita income data for Alaska for a full three-year period are
available from the Department of Commerce shall be based on
satisfactory data available therefrom for Alaska for such one
full year or, when such data are available for a two-year
period, for such two years.
-
(9) The term “shared health facility” means any
arrangement whereby—
-
(A) two or more health care practitioners practice their
professions at a common physical location;
-
(B) such practitioners share (i) common waiting areas, examining
rooms, treatment rooms, or other space, (ii) the services of
supporting staff, or (iii) equipment;
-
(C) such practitioners have a person (who may himself be a
practitioner)—
-
(i) who is in charge of, controls, manages, or supervises
substantial aspects of the arrangement or operation for the
delivery of health or medical services at such common physical
location, other than the direct furnishing of professional
health care services by the practitioners to their patients; or
-
(ii) who makes available to such practitioners the services of
supporting staff who are not employees of such practitioners;
-
and who is compensated in whole or in part, for the use of such
common physical location or support services pertaining thereto,
on a basis related to amounts charged or collected for the
services rendered or ordered at such location or on any basis
clearly unrelated to the value of the services provided by the
person; and
-
(D) at least one of such practitioners received payments on a
fee-for-service basis under titles XVIII and XIX in an amount
exceeding $5,000 for any one month during the preceding 12
months or in an aggregate amount exceeding $40,000 during the
preceding 12 months;
-
except that such term does not include a provider of services
(as defined in section 1861(u) of this Act), a health
maintenance organization (as defined in section 1301(a) of the
Public Health Service Act[5]), a hospital cooperative shared
services organization meeting the requirements of section 501(e)
of the Internal Revenue Code of 1954[6], or any public
entity.
-
(10) The term “Administration” means the Social
Security Administration, except where the context requires
otherwise.
(b)
The terms “includes” and “including”
when used in a definition contained in this Act shall not be
deemed to exclude other things otherwise within the meaning of
the term defined.
(c)
Whenever under this Act or any Act of Congress, or under the law
of any State, an employer is required or permitted to deduct any
amount from the remuneration of an employee and to pay the
amount deducted to the United States, a State, or any political
subdivision thereof, then for the purposes of this Act the
amount so deducted shall be considered to have been paid to the
employee at the time of such deduction.
(d)
Nothing in this Act shall be construed as authorizing any
Federal official, agent, or representative, in carrying out any
of the provisions of this Act, to take charge of any child over
the objection of either of the parents of such child, or of the
person standing in loco parentis to such child.
DEFINITIONS
Part A—General Provisions
SEC. 1101.
[42 U.S.C. 1301] (a)
When used in this Act—
-
(1) The term “State”, except where otherwise
provided, includes the District of Columbia and the Commonwealth
of Puerto Rico, and when used in titles IV, V, VII, XI, XIX, and
XXI includes the Virgin Islands and Guam. Such term when used in
titles III, IX, and XII also includes the Virgin Islands. Such
term when used in title V and in part B of this title also
includes American Samoa, the Northern Mariana Islands, and the
Trust Territory of the Pacific Islands. Such term when used in
titles XIX and XXI also includes the Northern Mariana Islandsand
American Samoa. In the case of Puerto Rico, the Virgin Islands,
and Guam, titles I, X, and XIV, and title XVI (as in effect
without regard to the amendment made by section 301 of the
Social Security Amendments of 1972[3]) shall continue to
apply, and the term “State” when used in such titles
(but not in title XVI as in effect pursuant to such amendment
after December 31, 1973) includes Puerto Rico, the Virgin
Islands, and Guam. Such term when used in title XX also includes
the Virgin Islands, Guam, American Samoa, and the Northern
Mariana Islands. Such term when used in title IV also includes
American Samoa.
-
(2) The term “United States” when used in a
geographical sense means, except where otherwise provided, the
States.
-
(3) The term “person” means an individual, a trust
or estate, a partnership, or a corporation.
-
(4) The term “corporation” includes associations,
joint-stock companies, and insurance companies.
-
(5) The term “shareholder” includes a member in an
association, joint-stock company, or insurance company.
-
(6) The term “Secretary”, except when the context
otherwise requires, means the Secretary of Health and Human
Services.
-
(7) The terms “physician” and “medical
care” and “hospitalization” include
osteopathic practitioners or the services of osteopathic
practitioners and hospitals within the scope of their practice
as defined by State law.
-
(8)(A) The “Federal percentage” for any State (other
than Puerto Rico, the Virgin Islands, and Guam) shall be 100 per
centum less the State percentage; and the State percentage shall
be that percentage which bears the same ratio to 50 per centum
as the square of the per capita income of such State bears to
the square of the per capita income of the United States; except
that the Federal percentage shall in no case be less than 50 per
centum or more than 65 per centum.
-
(B) The Federal percentage for each State (other than Puerto
Rico, the Virgin Islands, and Guam) shall be promulgated by the
Secretary between October 1 and November 30 of each year, on the
basis of the average per capita income of each State and of the
United States for the three most recent calendar years for which
satisfactory data are available from the Department of Commerce.
Such promulgation shall be conclusive for each of the four
quarters in the period beginning October 1 next succeeding such
promulgation: Provided, That the Secretary shall
promulgate such percentages as soon as possible after the
enactment of the Social Security Amendments of 1958[4], which
promulgation shall be conclusive for each of the eleven quarters
in the period beginning October 1, 1958, and ending with the
close of June 30, 1961.
-
(C) The term “United States” means (but only for
purposes of subparagraphs (A) and (B) of this paragraph) the
fifty States and the District of Columbia.
-
(D) Promulgations made before satisfactory data are available
from the Department of Commerce for a full year on the per
capita income of Alaska shall prescribe a Federal percentage for
Alaska of 50 per centum and, for purposes of such promulgations,
Alaska shall not be included as part of the “United
States”. Promulgations made thereafter but before per
capita income data for Alaska for a full three-year period are
available from the Department of Commerce shall be based on
satisfactory data available therefrom for Alaska for such one
full year or, when such data are available for a two-year
period, for such two years.
-
(9) The term “shared health facility” means any
arrangement whereby—
-
(A) two or more health care practitioners practice their
professions at a common physical location;
-
(B) such practitioners share (i) common waiting areas, examining
rooms, treatment rooms, or other space, (ii) the services of
supporting staff, or (iii) equipment;
-
(C) such practitioners have a person (who may himself be a
practitioner)—
-
(i) who is in charge of, controls, manages, or supervises
substantial aspects of the arrangement or operation for the
delivery of health or medical services at such common physical
location, other than the direct furnishing of professional
health care services by the practitioners to their patients; or
-
(ii) who makes available to such practitioners the services of
supporting staff who are not employees of such practitioners;
-
and who is compensated in whole or in part, for the use of such
common physical location or support services pertaining thereto,
on a basis related to amounts charged or collected for the
services rendered or ordered at such location or on any basis
clearly unrelated to the value of the services provided by the
person; and
-
(D) at least one of such practitioners received payments on a
fee-for-service basis under titles XVIII and XIX in an amount
exceeding $5,000 for any one month during the preceding 12
months or in an aggregate amount exceeding $40,000 during the
preceding 12 months;
-
except that such term does not include a provider of services
(as defined in section 1861(u) of this Act), a health
maintenance organization (as defined in section 1301(a) of the
Public Health Service Act[5]), a hospital cooperative shared
services organization meeting the requirements of section 501(e)
of the Internal Revenue Code of 1954[6], or any public
entity.
-
(10) The term “Administration” means the Social
Security Administration, except where the context requires
otherwise.
(b)
The terms “includes” and “including”
when used in a definition contained in this Act shall not be
deemed to exclude other things otherwise within the meaning of
the term defined.
(c)
Whenever under this Act or any Act of Congress, or under the law
of any State, an employer is required or permitted to deduct any
amount from the remuneration of an employee and to pay the
amount deducted to the United States, a State, or any political
subdivision thereof, then for the purposes of this Act the
amount so deducted shall be considered to have been paid to the
employee at the time of such deduction.
(d)
Nothing in this Act shall be construed as authorizing any
Federal official, agent, or representative, in carrying out any
of the provisions of this Act, to take charge of any child over
the objection of either of the parents of such child, or of the
person standing in loco parentis to such child.