Source
(Aug. 14, 1935, ch. 531, title XVIII, § 1860D–31, as added Pub. L. 108–173, title I, § 101(a)(2), Dec. 8, 2003, 117 Stat. 2131.)
References in Text
Parts A and B of this subchapter, referred to in subsecs. (b)(1)(A)(i) and (j)(2)(B)(i), (C)(i), are classified to section
1395c et seq. and section
1395j et seq., respectively, of this title.
Part C of this subchapter, referred to in subsecs. (b)(2)(B)(i), (c)(1)(C)(iii), (g)(7), and (h)(1)(A)(iv), (9), is classified to section
1395w–21 et seq. of this title.
The Internal Revenue Code of 1986, referred to in subsec. (f)(3)(B)(iii), is classified generally to Title 26, Internal Revenue Code.
Part C of subchapter XI of this chapter, referred to in subsec. (h)(6)(A), is classified to section
1320d et seq. of this title.
Section 264(c) of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (h)(6)(A), is section 264(c) of
Pub. L. 104–191, which is set out as a note under section
1320d–2 of this title.
Rules for Implementation
Pub. L. 108–173, title I, § 105(c), Dec. 8, 2003,
117 Stat. 2166, provided that: “The following rules shall apply to the medicare prescription drug discount card and transitional assistance program under section 1860D–31 of the Social Security Act [this section], as added by section
101
(a):
“(1) In promulgating regulations pursuant to subsection (a)(2)(B) of such section
1860D–31 [subsec. (a)(2)(B) of this section]—
“(A) section 1871(a)(3) of the Social Security Act (
42 U.S.C.
1395hh
(a)(3)), as added by section
902
(a)(1), shall not apply;
“(B) chapter
35 of title
44, United States Code, shall not apply; and
“(C) sections
553
(d) and
801
(a)(3)(A) of title
5, United States Code, shall not apply.
“(2) Section 1857(c)(5) of the Social Security Act (
42 U.S.C.
1395w–27
(c)(5)) shall apply with respect to section 1860D–31 of such Act, as added by section
101
(a), in the same manner as it applies to part C of title XVIII of such Act [part C of this subchapter].
“(3) The administration of such program shall be made without regard to chapter
35 of title
44, United States Code.
“(4)(A) There shall be no judicial review of a determination not to endorse, or enter into a contract, with a prescription drug card sponsor under section 1860D–31 of the Social Security Act.
“(B) In the case of any order issued to enjoin any provision of section 1860D–31 of the Social Security Act (or of [sic] any provision of this section [amending sections
1395r,
1395t, and
1396r–8 of this title and sections
6103 and
7213 of Title
26, Internal Revenue Code]), such order shall not affect any other provision of such section (or of this section) and all such provisions shall be treated as severable.”