42 U.S.C. § 18114

Access to therapies

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Notwithstanding any other provision of this Act, the Secretary of Health and Human Services shall not promulgate any regulation that—(1) creates any unreasonable barriers to the ability of individuals to obtain appropriate medical care;(2) impedes timely access to health care services;(3) interferes with communications regarding a full range of treatment options between the patient and the provider;(4) restricts the ability of health care providers to provide full disclosure of all relevant information to patients making health care decisions;(5) violates the principles of informed consent and the ethical standards of health care professionals; or(6) limits the availability of health care treatment for the full duration of a patient’s medical needs.(Pub. L. 111–148, title I, § 1554, Mar. 23, 2010, 124 Stat. 259.)Editorial NotesReferences in Text

This Act, referred to in text, is Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 119, known as the Patient Protection and Affordable Care Act. For complete classification of this Act to the Code, see Short Title note set out under section 18001 of this title and Tables.

Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 2019–2024 · leading case: State of California v. Alex Azar, II
State of California v. Alex Azar, II (2020) ca9 · cites it 9× “119 , 259 (2010) (codified at 42 U.S.C. § 18114 ). In considering these arguments, we are mindful that the Supreme Court’s “interpretive decisions, in whatever way reasoned, effectively become part of the statutory scheme.”
Mayor of Balt. v. Azar (2019) mdd · cites it 7× “For the reasons that follow, this Court holds that the Final Rule likely violates provisions of the Affordable Care Act, 42 U.S.C. § 18114 , enacted in 2010, and Congress' nondirective mandate in the *607 Continuing Appropriations Act, 2019, Pub.”
State v. Azar (2019) ord · cites it 6× “42 U.S.C. § 18114 . Given the above context, I turn to the Final Rule at issue here.”
California by and through Becerra v. Azar (2019) ca9 · cites it 2× “111-148, title I, § 1554 ( 42 U.S.C. § 18114 ) ("§ 1554"). These two provisions could render the Final Rule "not in accordance with law" only by impliedly repealing or amending § 1008, or by directly contravening the Final Rule's regulatory provisions.”
Mayor and City Council of Balt v. Alex Azar, II (2020) ca4 · cites it 6× “42 U.S.C. § 18114 (the “Noninterference Mandate”).”
Whitman-Walker Clinic, Inc. v. U.S. Department of Health and Human Services (2020) dcd · cites it 4× “See 42 U.S.C. § 18114 . Finally, Plaintiffs maintain that the 2020 Rule runs afoul of the Fifth Amendment’s guarantees of equal protection and substantive due process, infringes their right to free speech under the First Amendment, and violates the Establishment Clause.”
Mayor and City Council Of Baltimore v. Azar (2020) mdd · cites it 4× “1 This Court granted a Preliminary Injunction against HHS with respect to Counts I and II, alleging violations of the Non-Interference Provision of the Affordable Care Act, 42 U.S.C. § 18114 , and the Non-Directive Mandate of the Continuing Appropriations Act, 2019, Pub.”
State of California v. Alex Azar, II (2019) ca9 · cites it 2× “111-148, title I, § 1554 ( 42 U.S.C. § 18114 ) (“§ 1554”). These two provisions could render the Final Rule “not in accordance with law” only by impliedly repealing or amending § 1008, or by directly contravening the Final Rule’s regulatory provisions.”
Mayor and City Council v. Alex Azar, II (2019) ca4 · cites it 2× “The 2019 Final Rule at issue (“Final Rule”) promulgated by Health and Human Services (“HHS”) likely contravenes provisions of the Affordable Care Act (“ACA”), 42 U.S.C. § 18114 , and Congress’ nondirective mandate in the Continuing Appropriations Act for 2019, Pub.”
Mayor and City Council Of Baltimore v. Azar (2019) mdd · cites it 2× “§ 706— Contrary to Law—Contrary to Affordable Care Act (“ACA”)’s Non- Interference Provision, 42 U.S.C. § 18114 . • II – Violation of APA § 706—Contrary to Law—Contrary to Nondirective Mandate of the Consolidated Appropriations Act of 2018 • III – Violation of APA § 706—Contrary…”
Mayor and City Council Of Baltimore v. Azar (2020) mdd “On May 30, 2019, this Court granted a preliminary injunction with respect to Counts I and II of the Complaint, finding that this rule violated provisions of the Affordable Care Act, 42 U.S.C. § 18114 , as well as the Consolidated Appropriations Act of 2018.”
Planned Parenthood of Maryland, Inc. v. Azar (2020) mdd “42 U.S.C. § 18114 . The plaintiffs note that Congress specifically defined “medical care” to include “amounts paid for insurance covering” such care.”
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