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U.S. Code as of:
01/19/04
Section 1301. Definitions
(a) When used in this chapter -
(1) The term "State", except where otherwise provided, includes
the District of Columbia and the Commonwealth of Puerto Rico, and
when used in subchapters IV, V, VII, XI, XIX, and XXI of this
chapter includes the Virgin Islands and Guam. Such term when used
in subchapters III, IX, and XII of this chapter also includes the
Virgin Islands. Such term when used in subchapter V and in part B
of this subchapter of this chapter also includes American Samoa,
the Northern Mariana Islands, and the Trust Territory of the
Pacific Islands. Such term when used in subchapters XIX and XXI
of this chapter also includes the Northern Mariana Islands and
American Samoa. In the case of Puerto Rico, the Virgin Islands,
and Guam, subchapters I, X, and XIV, and subchapter XVI of this
chapter (as in effect without regard to the amendment made by
section 301 of the Social Security Amendments of 1972) shall
continue to apply, and the term "State" when used in such
subchapters (but not in subchapter XVI of this chapter as in
effect pursuant to such amendment after December 31, 1973)
includes Puerto Rico, the Virgin Islands, and Guam. Such term
when used in subchapter XX of this chapter also includes the
Virgin Islands, Guam, American Samoa, and the Northern Mariana
Islands. Such term when used in subchapter IV of this chapter
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 August 28, 1958, 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 subchapters XVIII and XIX of this
chapter 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 1395x(u) of this title), a health maintenance
organization (as defined in section 300e(a) of this title), a
hospital cooperative shared services organization meeting the
requirements of section 501(e) of the Internal Revenue Code of
1986, 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 chapter shall not be deemed to exclude
other things otherwise within the meaning of the term defined.
(c) Whenever under this chapter 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 chapter the
amount so deducted shall be considered to have been paid to the
employee at the time of such deduction.
(d) Nothing in this chapter shall be construed as authorizing any
Federal official, agent, or representative, in carrying out any of
the provisions of this chapter, 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.
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