Sec. 2. Findings
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Congress finds the following: The Social Security Administration’s Program Operations Manual System section HI 00801.002, titled Waiver of Hospital Insurance Entitlement by Monthly Beneficiary , provides that an individual who does not sign up for part A of the Medicare program when the individual signs up for social security benefits will lose such benefits, regardless of the desire of the individual to not participate in the Medicare program because of religious or philosophical reasons or a preference to have private health insurance.
As part of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), Congress increased health insurance options by authorizing health savings accounts into which individuals may make annual contributions of not more than $2,650 and families may make such contributions of not more than $5,250 that are allowable as deductions for income tax purposes. Seniors are not allowed to deduct contributions to their health savings account after the date of the entitlement of such seniors to Medicare benefits.
Section 1802(b) of the Social Security Act ( 42 U.S.C. 1395a(b) ), added by section 4507 of the Balanced Budget Act of 1997, states that a Medicare beneficiary may only enter into a private contract with a physician for an item or service if no claim for payment under title XVIII of such Act will be submitted. In the case of such contract, the physician must sign an affidavit that acknowledges such contract and that provides that the physician will not submit a claim, and will forgo reimbursement, under such title for an item or service provided to any Medicare beneficiary for a period of two years.
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- Pub. L. 108-173
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