42 U.S.C. § 1302

Rules and regulations; impact analyses of Medicare and Medicaid rules and regulations on small rural hospitals

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(a) The Secretary of the Treasury, the Secretary of Labor, and the Secretary of Health and Human Services, respectively, shall make and publish such rules and regulations, not inconsistent with this chapter, as may be necessary to the efficient administration of the functions with which each is charged under this chapter.(b)(1) Whenever the Secretary publishes a general notice of proposed rulemaking for any rule or regulation proposed under subchapter XVIII, subchapter XIX, or part B of this subchapter that may have a significant impact on the operations of a substantial number of small rural hospitals, the Secretary shall prepare and make available for public comment an initial regulatory impact analysis. Such analysis shall describe the impact of the proposed rule or regulation on such hospitals and shall set forth, with respect to small rural hospitals, the matters required under section 603 of title 5 to be set forth with respect to small entities. The initial regulatory impact analysis (or a summary) shall be published in the Federal Register at the time of the publication of general notice of proposed rulemaking for the rule or regulation.(2) Whenever the Secretary promulgates a final version of a rule or regulation with respect to which an initial regulatory impact analysis is required by paragraph (1), the Secretary shall prepare a final regulatory impact analysis with respect to the final version of such rule or regulation. Such analysis shall set forth, with respect to small rural hospitals, the matters required under section 604 of title 5 to be set forth with respect to small entities. The Secretary shall make copies of the final regulatory impact analysis available to the public and shall publish, in the Federal Register at the time of publication of the final version of the rule or regulation, a statement describing how a member of the public may obtain a copy of such analysis.(3) If a regulatory flexibility analysis is required by chapter 6 of title 5 for a rule or regulation to which this subsection applies, such analysis shall specifically address the impact of the rule or regulation on small rural hospitals.(Aug. 14, 1935, ch. 531, title XI, § 1102, 49 Stat. 647; Aug. 28, 1950, ch. 809, title IV, § 403(c), 64 Stat. 559; Pub. L. 98–369, div. B, title VI, § 2663(j)(2)(D)(i), (l)(2), July 18, 1984, 98 Stat. 1170, 1171; Pub. L. 100–203, title IV, § 4402(a), Dec. 22, 1987, 101 Stat. 1330–226.)Editorial NotesAmendments

1987—Pub. L. 100–203 designated existing provision as subsec. (a) and added subsec. (b).

1984—Pub. L. 98–369, § 2663(l)(2), substituted “Secretary of Health, Education, and Welfare” for “Federal Security Administrator” immediately prior to the substitution of “Health and Human Services” for “Health, Education, and Welfare” by Pub. L. 98–369, § 2663(j)(2)(D)(i).

1950—Act Aug. 28, 1950, substituted “Federal Security Administrator” for “Social Security Board”.

Statutory Notes and Related SubsidiariesEffective Date of 1987 Amendment

Pub. L. 100–203, title IV, § 4402(b), Dec. 22, 1987, 101 Stat. 1330–226, provided that: “The amendments made by paragraph (1) [probably means subsec. (a), amending this section] shall apply to regulations proposed more than 30 days after the date of the enactment of this Act [Dec. 22, 1987].”

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98–369, set out as a note under section 401 of this title.

Repeals

The provisions of this section were incorporated into sections 1429 and 1609 of former Title 26, Internal Revenue Code of 1939, by act Feb. 10, 1939, ch. 2, 53 Stat. 1. Section 4 of the act of Feb. 10, 1939, which enacted Title 26, I.R.C. 1939, provided that all laws and parts of laws codified into the I.R.C. 1939, to the extent that they related exclusively to internal revenue, were repealed. Provisions of I.R.C. 1939 were generally repealed by section 7851 of Title 26, Internal Revenue Code of 1954. See also, section 7807 of said Title 26, I.R.C. 1954, respecting rules in effect upon enactment of I.R.C. 1954. The I.R.C. 1954 was redesignated I.R.C. 1986 by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095. The repealed sections are covered by section 7805(a), (c) of Title 26.

Abortion Services; Prohibition on Certain Policy Changes

Pub. L. 100–517, § 9, Oct. 24, 1988, 102 Stat. 2583, provided that: “With respect to abortion services, the Secretary of Health and Human Services shall not promulgate or issue any regulations, policy statements, or interpretations or develop any practices concerning the performance of medically necessary procedures if such regulations, policy statements, interpretations, or practices would be inconsistent with regulations, policy statements, interpretations, or practices in effect on the date of the enactment of this Act [Oct. 24, 1988].”

Notice on Social Security Checks

Pub. L. 98–473, title II, § 1212, Oct. 12, 1984, 98 Stat. 2165, provided that:“(a) The Secretary of the Treasury shall take such steps as may be necessary to provide that all checks issued for payment of benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.], and the envelopes in which such checks are mailed, contain a printed notice that the commission of forgery in conjunction with the cashing or attempted cashing of such checks constitutes a violation of Federal law. Such notice shall also state the maximum penalties for forgery under the applicable provisions of title 18 of the United States Code.“(b) Subsection (a) shall apply with respect to checks issued for months after the ninth month after the date of the enactment of this Act [Oct. 12, 1984].”

Notes of Decisions

Cited in 253 cases (16 in the last 5 years), 1945–2026 · leading case: State of Florida v. Dep't of Health & Human Servs., 19 F.4th 1271 (11th Cir. 2021).

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State of Florida v. Dep't of Health & Human Servs., 19 F.4th 1271 (11th Cir. 2021). · cites it 5× “at 61,567; see 42 U.S.C. §§ 1302 , 1395hh (codifying sections 1102 and 1871 of the Social Security Act).”

Merck & Co., Inc. v. HHS, 962 F.3d 531 (D.C. Cir. 2020). · cites it 6× “42 U.S.C. § 1302 (a). Second, 42 U.S.C. § 1395hh(a)(1) provides that the “Secretary shall prescribe such regulations as may be necessary to carry out the administration of the [Medicare] insurance programs[.”

Biden v. Missouri, 595 U.S. 87 (2022). · cites it 2× “” 42 U. S. C. §1302 (a). One such function—perhaps the most basic, given the De- partment’s core mission—is to ensure that the healthcare providers who care for Medicare and Medicaid patients pro- tect their patients’ health and safety.”

Florida v. Mathews, 526 F.2d 319 (5th Cir. 1976). · cites it 5× “The Secretary was empowered by 42 U.S.C. § 1302 to publish 45 CFR § 252.”

Edelman v. Jordan, 415 U.S. 651 (1974). · cites it 2× “" HEW, pursuant to authority granted to it by 42 U. S. C. § 1302 , has promulgated regulations, see n.”

Burns v. Alcala, 420 U.S. 575 (1975). · cites it 4× “42 U. S. C. § 1302 . The regulation is consistent with this explanation.”

Ronda S. CRAIG, Plaintiff-Appellant, v. Shirley S. CHATER, Comm'r of Soc. Sec., Defendant-Appellee, 76 F.3d 585 (4th Cir. 1996). “On November 14, 1991, the Secretary, acting pursuant to the rulemaking authority delegated by Congress in 42 U.S.C. § 1302 , substantially revised the regulations governing the evaluation of pain in SSDI and SSI disability determinations.”

Preston v. Meriter Hosp., Inc., 2005 WI 122 (Wis. 2005). · cites it 4× “[7] 42 U.S.C. § 1302 . Therefore, the interpretation in 42 C.”

Margiotta v. Christian Hosp. Ne. Nw., 315 S.W.3d 342 (Mo. 2010). · cites it 2× “[2] The regulation is personal to the patient. No textual part grants protection to employees or requires specific conduct by an employee such as an affirmative duty to report violations.”

Thorpe v. Hous. Auth. of Durham, 393 U.S. 268 (1969). · cites it 2× “647 , as amended, 42 U. S. C. § 1302 (Department of Health, Education, and Welfare); 52 Stat.”

United States Ex Rel. Prather v. Brookdale Senior Living Cmtys., Inc., 892 F.3d 822 (6th Cir. 2018). “See 42 U.S.C. §§ 1302 , 1395hh ; 42 C.F.R. § 424.”

Nat'l Welfare Rights Org. v. F. David Mathews, Sec'y of the Dep't of Health, Educ. & Welfare, 533 F.2d 637 (D.C. Cir. 1976). · cites it 2× “See also 42 U.S.C. § 1302 (1970). In addition to these substantive standards a regulation must be promulgated in accord with procedural requirements of the Administrative Procedure Act (“APA”), 5 U.”

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— 42 U.S.C. § 1302(1982) — 1 case

Kirk v. Dunning, 370 N.W.2d 113 (Neb. 1985).

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