skip navigation



NOTES:


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.”


LII has no control over and does not endorse any external Internet site that contains links to or references LII.