1871 e 1 GPT

 See my regular blog 10/2022 "nerd note" on 1871.  I added some links there in 3/2023 including a link to a 2008 rule that belabored its use of 1871 under a statutory instruction.

Statute 2001 here:  https://www.congress.gov/bill/107th-congress/house-bill/3391/text?s=1&r=33

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Do you know the provenance of 1871(e)(1)? Was it in the original medicare act or later?  Have there been any law review articles about 1871(e)(1)?   Assume I am a law student writing a law review journal article on 1871(e)(1).

Section 1871(e)(1) was not part of the original Medicare Act, which was enacted in 1965 as Title XVIII of the Social Security Act. As a law student researching the provenance of Section 1871(e)(1), you should examine the legislative history and subsequent amendments to the Social Security Act to determine when and why this particular provision was added.

The Medicare, Medicaid, and State Child Health Insurance Programs Administrative Simplification Compliance Act was enacted on February 8, 2001, as part of the Benefits Improvement and Protection Act (BIPA) of 2000. It is likely that Section 1871(e)(1) was added to the Social Security Act during this time, as part of the broader effort to address administrative simplification and regulatory compliance in the Medicare program. However, further research into the legislative history of the BIPA would be necessary to confirm this and understand the specific rationale behind the inclusion of Section 1871(e)(1).

As for law review articles, a comprehensive search of legal databases, such as Westlaw, LexisNexis, or HeinOnline, would be required to identify any articles that discuss or analyze Section 1871(e)(1) in depth. Some potential search terms you might consider using include "Social Security Act," "Section 1871(e)(1)," "Medicare," "retroactive changes," "administrative simplification," and "CMS policy changes."

While researching, keep in mind that the provision may not have been the primary focus of many articles. However, it could be referenced or discussed within the broader context of Medicare policy, regulatory compliance, or administrative law. As a law student writing a law review article, you have an opportunity to contribute original analysis and insight into the implications and interpretation of Section 1871(e)(1) in relation to CMS policy changes and the broader Medicare program.