Title 42, The Public Health and WelfareRelease 119-73not60

§1395i–2a Hospital Insurance Benefits for Disabled Individuals Who Have Exhausted Other Entitlement

Title 42 › Chapter 7— SOCIAL SECURITY › Subchapter XVIII— HEALTH INSURANCE FOR AGED AND DISABLED › Part A— Hospital Insurance Benefits for Aged and Disabled › § 1395i–2a

Last updated Apr 5, 2026|Official source

Summary

Lets people under 65 who used to get disability benefits under section 426(b), who still have the same disabling condition or who are blind, and whose benefits stopped only because their earnings went above the substantial gainful activity amount, sign up for hospital insurance if they do not already have it. You must enroll in the form and during the times the rules set. Your first chance to enroll starts the month you get notice that your 426(b) benefits will end for that reason and lasts 7 months. There is also a general signup each year from January 1 through March 31 (starting in 1990). When coverage begins depends on when you enroll compared to when you first became eligible: if you enroll before that month it starts the first day of that month; if you enroll in that month it starts the first day of the next month; if you enroll the month after it starts the first day of the second month after enrollment; if you enroll more than one month later it starts the first day of the third month after enrollment; if you enroll during the general period coverage begins July 1 after the month you enroll. Coverage ends if the agency tells you you no longer meet the disability/blindness condition, if you ask to stop (effective the next month), the month before you become eligible for hospital insurance under section 426(a) or 426–1, or for nonpayment of premiums under the rules. You must pay premiums as the agency requires. Premiums go to the Federal Hospital Insurance Trust Fund and are due from the first month of your coverage until you die or your coverage ends, except you do not pay for months you are eligible under section 426(b). Other enrollment and premium rules from the related Medicare sections apply the same way.

Full Legal Text

Title 42, §1395i–2a

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Every individual who—
(1)has not attained the age of 65;
(2)(A)has been entitled to benefits under this part under section 426(b) of this title, and
(B)(i)continues to have the disabling physical or mental impairment on the basis of which the individual was found to be under a disability or to be a disabled qualified railroad retirement beneficiary, or (ii) is blind (within the meaning of section 416(i)(1) of this title), but
(C)whose entitlement under section 426(b) of this title ends due solely to the individual having earnings that exceed the substantial gainful activity amount (as defined in section 423(d)(4) of this title); and
(3)is not otherwise entitled to benefits under this part,
(b)(1)An individual may enroll under this section only in such manner and form as may be prescribed in regulations, and only during an enrollment period prescribed in or under this section.
(2)The individual’s initial enrollment period shall begin with the month in which the individual receives notice that the individual’s entitlement to benefits under section 426(b) of this title will end due solely to the individual having earnings that exceed the substantial gainful activity amount (as defined in section 423(d)(4) of this title and shall end 7 months later.
(3)There shall be a general enrollment period during the period beginning on January 1 and ending on March 31 of each year (beginning with 1990).
(c)(1)The period (in this subsection referred to as a “coverage period”) during which an individual is entitled to benefits under the insurance program under this part shall begin on whichever of the following is the latest:
(A)In the case of an individual who enrolls under subsection (b)(2) before the month in which the individual first satisfies subsection (a), the first day of such month.
(B)In the case of an individual who enrolls under subsection (b)(2) in the month in which the individual first satisfies subsection (a), the first day of the month following the month in which the individual so enrolls.
(C)In the case of an individual who enrolls under subsection (b)(2) in the month following the month in which the individual first satisfies subsection (a), the first day of the second month following the month in which the individual so enrolls.
(D)In the case of an individual who enrolls under subsection (b)(2) more than one month following the month in which the individual first satisfies subsection (a), the first day of the third month following the month in which the individual so enrolls.
(E)In the case of an individual who enrolls under subsection (b)(3), the July 1 following the month in which the individual so enrolls.
(2)An individual’s coverage period under this section shall continue until the individual’s enrollment is terminated as follows:
(A)As of the month following the month in which the Secretary provides notice to the individual that the individual no longer meets the condition described in subsection (a)(2)(B).
(B)As of the month following the month in which the individual files notice that the individual no longer wishes to participate in the insurance program established by this part.
(C)As of the month before the first month in which the individual becomes eligible for hospital insurance benefits under section 426(a) or 426–1 of this title.
(D)As of a date, determined under regulations of the Secretary, for nonpayment of premiums.
(3)The provisions of subsections (h), (i), and (m) of section 1395p of this title apply to enrollment and nonenrollment under this section in the same manner as they apply to enrollment and nonenrollment and special enrollment periods under section 1395i–2 of this title.
(d)(1)(A)Premiums for enrollment under this section shall be paid to the Secretary at such times, and in such manner, as the Secretary shall by regulations prescribe, and shall be deposited in the Treasury to the credit of the Federal Hospital Insurance Trust Fund.
(B)(i)Subject to clause (ii), such premiums shall be payable for the period commencing with the first month of an individual’s coverage period and ending with the month in which the individual dies or, if earlier, in which the individual’s coverage period terminates.
(ii)Such premiums shall not be payable for any month in which the individual is eligible for benefits under this part pursuant to section 426(b) of this title.
(2)The provisions of subsections (d) through (f) of section 1395i–2 of this title (relating to premiums) shall apply to individuals enrolled under this section in the same manner as they apply to individuals enrolled under that section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2020—Subsec. (c)(3). Pub. L. 116–260 substituted “subsections (h), (i), and (m) of section 1395p of this title” for “subsections (h) and (i) of section 1395p of this title”. 1990—Subsec. (d)(1)(A). Pub. L. 101–508, § 4008(m)(3)(C)(i), inserted “for enrollment under this section” after “Premiums”. Subsec. (d)(1)(C). Pub. L. 101–508, § 4008(m)(3)(C)(ii), struck out subpar. (C) which read as follows: “For purposes of applying section 1395r(g) of this title and section 59B(f)(1)(B)(i) of the Internal Revenue Code of 1986, any reference to section 1395i–2 of this title shall be deemed to include a reference to this section.”

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 101–239, title VI, § 6012(b), Dec. 19, 1989, 103 Stat. 2163, provided that: “The

Amendments

made by this section [enacting this section and amending section 1395i–2 of this title] shall take effect on the date of the enactment of this Act [Dec. 19, 1989], but shall not apply so as to provide for coverage under part A of title XVIII of the Social Security Act [42 U.S.C. 1395c et seq.] for any month before July 1990.”

Reference

Citations & Metadata

Citation

42 U.S.C. § 1395i–2a

Title 42, The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60