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Medicare & Medicaid

Statutes

The Medicare and Medicaid statutes are both part of the Social Security Act.

  • Medicare is title XVIII (§§ 1801-1899B),
  • Medicaid is title XIX (§§ 1901-1946), and
  • CHIP (the Children's Health Insurance Program) is title XXI (§§ 2101-2113).

Citations can be confusing, because these titles were added many years after the original Social Security Act of 1935. So if you look at the original Social Security Act, you will not find title XVIII. And yet you will see cases and other documents that refer to the numbering from the Social Security Act.

You will also see cases and other documents that refer to the United States Code, where the laws are codified (in title 42).

  • Medicare is 42 U.S.C. §§ 1301-–1320d-8, 1395–1395hhh
  • Medicaid is 42 U.S.C. §§ 1396a–1396v, §§ 1301-–1320b21

The Social Security Act, as amended, is posted on the Social Security Administration's website.

The United States Code is available many places, including on FDSys, from the U.S. Government Publishing Office.

These examples show how § 1801 of the Social Security Act and § 1395 are two versions of the same text and cite each other.

A table from the Office of Law Revision Counsel lists sections of the Social Security Act and their corresponding sections in the United States Code.

Compiled Legislative Histories

HeinOnline [UW restricted] U.S. Federal Legislative History Library includes, e.g., Medicare-Medicaid Anti-Fraud and Abuse Amendments, P.L. 95-142, 91 Stat. 1175, October 25, 1977, a 2-volume legislative history prepared by the law firm of Arnold & Porter.

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