42 U.S.C. § 1395mmm: Limiting Medicare…

Summary

Limits who can get or keep Medicare. You must be one of four types of people to qualify: a U.S. citizen or national; a lawful permanent resident under the Immigration and Nationality Act; a person with Cuban or Haitian entrant status; or someone lawfully living in the U.S. under a Compact of Free Association (as referenced in federal immigration law). For people already enrolled on July 4, 2025, these rules start 18 months after July 4, 2025. The Commissioner of Social Security must finish a review within 1 year after July 4, 2025 to find anyone who is not in those four groups. The Commissioner must notify each such person as soon as practicable, in a way they can understand, that their Medicare will end on the 18-month date.

Title 42, §1395mmm

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

(a)In general

Subject to subsection (b), an individual may be entitled to, or enrolled for, benefits under this subchapter only if the individual is—

(1)a citizen or national of the United States;

(2)an alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act;

(3)an alien who has been granted the status of Cuban and Haitian entrant, as defined in section 501(e) of the Refugee Education Assistance Act of 1980 (Public Law 96–422); or

(4)an individual who lawfully resides in the United States in accordance with a Compact of Free Association referred to in section 1612(b)(2)(G) of title 8.

(b)Application to individuals currently entitled to or enrolled for benefits

(1)In general

In the case of an individual who is entitled to, or enrolled for, benefits under this subchapter as of July 4, 2025, subsection (a) shall apply beginning on the date that is 18 months after July 4, 2025.

(2)Review by Commissioner of Social Security

(A)In general

Not later than 1 year after July 4, 2025, the Commissioner of Social Security shall complete a review of individuals entitled to, or enrolled for, benefits under this subchapter as of July 4, 2025, for purposes of identifying individuals not described in any of paragraphs (1) through (4) of subsection (a).

(B)Notice

The Commissioner of Social Security shall notify each individual identified under the review conducted under subparagraph (A) that such individual’s entitlement to, or enrollment for, benefits under this subchapter will be terminated as of the date that is 18 months after July 4, 2025. Such notification shall be made as soon as practicable after such identification and in a manner designed to ensure such individual’s comprehension of such notification.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Immigration and Nationality Act, referred to in subsec. (a)(2), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see

Short Title

note set out under section 1101 of Title 8 and Tables. section 501(e) of the Refugee Education Assistance Act of 1980, referred to in subsec. (a)(3), is section 501(e) of Pub. L. 96–422, which is set out in a note under section 1522 of Title 8, Aliens and Nationality.

§1395mmm Limiting Medicare Coverage of Certain Individuals