42 U.S. Code § 1302 - Rules and regulations; impact analyses of Medicare and Medicaid rules and regulations on small rural hospitals

(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 of this chapter, subchapter XIX of this chapter, 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.

Source

(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.)
Amendments

1987—Pub. L. 100–203designated 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”.
Effective 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. 98–369effective 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) ofPub. 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].”

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42 USCDescription of ChangeSession YearPublic LawStatutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


20 CFR - Employees' Benefits

20 CFR Part 601 - ADMINISTRATIVE PROCEDURE

20 CFR Part 602 - QUALITY CONTROL IN THE FEDERAL-STATE UNEMPLOYMENT INSURANCE SYSTEM

20 CFR Part 603 - FEDERAL-STATE UNEMPLOYMENT COMPENSATION (UC) PROGRAM; CONFIDENTIALITY AND DISCLOSURE OF STATE UC INFORMATION

20 CFR Part 604 - REGULATIONS FOR ELIGIBILITY FOR UNEMPLOYMENT COMPENSATION

20 CFR Part 625 - DISASTER UNEMPLOYMENT ASSISTANCE

20 CFR Part 640 - STANDARD FOR BENEFIT PAYMENT PROMPTNESS—UNEMPLOYMENT COMPENSATION

20 CFR Part 650 - STANDARD FOR APPEALS PROMPTNESS—UNEMPLOYMENT COMPENSATION

40 CFR - Protection of Environment

40 CFR Part 412 - CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFO) POINT SOURCE CATEGORY

40 CFR Part 484

42 CFR - Public Health

42 CFR Part 51a - PROJECT GRANTS FOR MATERNAL AND CHILD HEALTH

42 CFR Part 121 - ORGAN PROCUREMENT AND TRANSPLANTATION NETWORK

42 CFR Part 400 - INTRODUCTION; DEFINITIONS

42 CFR Part 401 - GENERAL ADMINISTRATIVE REQUIREMENTS

42 CFR Part 403 - SPECIAL PROGRAMS AND PROJECTS

42 CFR Part 405 - FEDERAL HEALTH INSURANCE FOR THE AGED AND DISABLED

42 CFR Part 406 - HOSPITAL INSURANCE ELIGIBILITY AND ENTITLEMENT

42 CFR Part 407 - SUPPLEMENTARY MEDICAL INSURANCE (SMI) ENROLLMENT AND ENTITLEMENT

42 CFR Part 408 - PREMIUMS FOR SUPPLEMENTARY MEDICAL INSURANCE

42 CFR Part 409 - HOSPITAL INSURANCE BENEFITS

42 CFR Part 410 - SUPPLEMENTARY MEDICAL INSURANCE (SMI) BENEFITS

42 CFR Part 411 - EXCLUSIONS FROM MEDICARE AND LIMITATIONS ON MEDICARE PAYMENT

42 CFR Part 412 - PROSPECTIVE PAYMENT SYSTEMS FOR INPATIENT HOSPITAL SERVICES

42 CFR Part 413 - PRINCIPLES OF REASONABLE COST REIMBURSEMENT; PAYMENT FOR END-STAGE RENAL DISEASE SERVICES; OPTIONAL PROSPECTIVELY DETERMINED PAYMENT RATES FOR SKILLED NURSING FACILITIES

42 CFR Part 414 - PAYMENT FOR PART B MEDICAL AND OTHER HEALTH SERVICES

42 CFR Part 415 - SERVICES FURNISHED BY PHYSICIANS IN PROVIDERS, SUPERVISING PHYSICIANS IN TEACHING SETTINGS, AND RESIDENTS IN CERTAIN SETTINGS

42 CFR Part 416 - AMBULATORY SURGICAL SERVICES

42 CFR Part 417 - HEALTH MAINTENANCE ORGANIZATIONS, COMPETITIVE MEDICAL PLANS, AND HEALTH CARE PREPAYMENT PLANS

42 CFR Part 418 - HOSPICE CARE

42 CFR Part 419 - PROSPECTIVE PAYMENT SYSTEM FOR HOSPITAL OUTPATIENT DEPARTMENT SERVICES

42 CFR Part 420 - PROGRAM INTEGRITY: MEDICARE

42 CFR Part 421 - MEDICARE CONTRACTING

42 CFR Part 422 - MEDICARE ADVANTAGE PROGRAM

42 CFR Part 424 - CONDITIONS FOR MEDICARE PAYMENT

42 CFR Part 425 - MEDICARE SHARED SAVINGS PROGRAM

42 CFR Part 430 - GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS

42 CFR Part 431 - STATE ORGANIZATION AND GENERAL ADMINISTRATION

42 CFR Part 432 - STATE PERSONNEL ADMINISTRATION

42 CFR Part 433 - STATE FISCAL ADMINISTRATION

42 CFR Part 434 - CONTRACTS

42 CFR Part 435 - ELIGIBILITY IN THE STATES, DISTRICT OF COLUMBIA, THE NORTHERN MARIANA ISLANDS, AND AMERICAN SAMOA

42 CFR Part 436 - ELIGIBILITY IN GUAM, PUERTO RICO, AND THE VIRGIN ISLANDS

42 CFR Part 438 - MANAGED CARE

42 CFR Part 440 - SERVICES: GENERAL PROVISIONS

42 CFR Part 441 - SERVICES: REQUIREMENTS AND LIMITS APPLICABLE TO SPECIFIC SERVICES

42 CFR Part 442 - STANDARDS FOR PAYMENT TO NURSING FACILITIES AND INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES

42 CFR Part 447 - PAYMENTS FOR SERVICES

42 CFR Part 455 - PROGRAM INTEGRITY: MEDICAID

42 CFR Part 456 - UTILIZATION CONTROL

42 CFR Part 457 - ALLOTMENTS AND GRANTS TO STATES

42 CFR Part 460 - PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE)

42 CFR Part 462

42 CFR Part 466

42 CFR Part 473

42 CFR Part 476 - UTILIZATION AND QUALITY CONTROL REVIEW

42 CFR Part 482 - CONDITIONS OF PARTICIPATION FOR HOSPITALS

42 CFR Part 483 - REQUIREMENTS FOR STATES AND LONG TERM CARE FACILITIES

42 CFR Part 484 - HOME HEALTH SERVICES

42 CFR Part 485 - CONDITIONS OF PARTICIPATION: SPECIALIZED PROVIDERS

42 CFR Part 486 - CONDITIONS FOR COVERAGE OF SPECIALIZED SERVICES FURNISHED BY SUPPLIERS

42 CFR Part 488 - SURVEY, CERTIFICATION, AND ENFORCEMENT PROCEDURES

42 CFR Part 489 - PROVIDER AGREEMENTS AND SUPPLIER APPROVAL

42 CFR Part 491 - CERTIFICATION OF CERTAIN HEALTH FACILITIES

42 CFR Part 493 - LABORATORY REQUIREMENTS

42 CFR Part 495 - STANDARDS FOR THE ELECTRONIC HEALTH RECORD TECHNOLOGY INCENTIVE PROGRAM

42 CFR Part 498 - APPEALS PROCEDURES FOR DETERMINATIONS THAT AFFECT PARTICIPATION IN THE MEDICARE PROGRAM AND FOR DETERMINATIONS THAT AFFECT THE PARTICIPATION OF ICFs/IID AND CERTAIN NFs IN THE MEDICAID PROGRAM

42 CFR Part 505 - ESTABLISHMENT OF THE HEALTH CARE INFRASTRUCTURE IMPROVEMENT PROGRAM

42 CFR Part 1001 - PROGRAM INTEGRITY—MEDICARE AND STATE HEALTH CARE PROGRAMS

42 CFR Part 1002 - PROGRAM INTEGRITY—STATE-INITIATED EXCLUSIONS FROM MEDICAID

42 CFR Part 1003 - CIVIL MONEY PENALTIES, ASSESSMENTS AND EXCLUSIONS

42 CFR Part 1004 - IMPOSITION OF SANCTIONS ON HEALTH CARE PRACTITIONERS AND PROVIDERS OF HEALTH CARE SERVICES BY A QUALITY IMPROVEMENT ORGANIZATION

42 CFR Part 1005 - APPEALS OF EXCLUSIONS, CIVIL MONEY PENALTIES AND ASSESSMENTS

42 CFR Part 1006 - INVESTIGATIONAL INQUIRIES

45 CFR - Public Welfare

45 CFR Part 95 - GENERAL ADMINISTRATION—GRANT PROGRAMS (PUBLIC ASSISTANCE, MEDICAL ASSISTANCE AND STATE CHILDREN'S HEALTH INSURANCE PROGRAMS)

45 CFR Part 160 - GENERAL ADMINISTRATIVE REQUIREMENTS

45 CFR Part 201 - GRANTS TO STATES FOR PUBLIC ASSISTANCE PROGRAMS

45 CFR Part 204 - GENERAL ADMINISTRATION—STATE PLANS AND GRANT APPEALS

45 CFR Part 205 - GENERAL ADMINISTRATION—PUBLIC ASSISTANCE PROGRAMS

45 CFR Part 206 - APPLICATION, DETERMINATION OF ELIGIBILITY AND FURNISHING ASSISTANCE—PUBLIC ASSISTANCE PROGRAMS

45 CFR Part 212 - ASSISTANCE FOR UNITED STATES CITIZENS RETURNED FROM FOREIGN COUNTRIES

45 CFR Part 225 - TRAINING AND USE OF SUBPROFESSIONALS AND VOLUNTEERS

45 CFR Part 233 - COVERAGE AND CONDITIONS OF ELIGIBILITY IN FINANCIAL ASSISTANCE PROGRAMS

45 CFR Part 234 - FINANCIAL ASSISTANCE TO INDIVIDUALS

45 CFR Part 235 - ADMINISTRATION OF FINANCIAL ASSISTANCE PROGRAMS

45 CFR Part 237 - FISCAL ADMINISTRATION OF FINANCIAL ASSISTANCE PROGRAMS

45 CFR Part 264 - OTHER ACCOUNTABILITY PROVISIONS

45 CFR Part 301 - STATE PLAN APPROVAL AND GRANT PROCEDURES

45 CFR Part 302 - STATE PLAN REQUIREMENTS

45 CFR Part 303 - STANDARDS FOR PROGRAM OPERATIONS

45 CFR Part 304 - FEDERAL FINANCIAL PARTICIPATION

45 CFR Part 305 - PROGRAM PERFORMANCE MEASURES, STANDARDS, FINANCIAL INCENTIVES, AND PENALTIES

45 CFR Part 307 - COMPUTERIZED SUPPORT ENFORCEMENT SYSTEMS

45 CFR Part 308 - ANNUAL STATE SELF-ASSESSMENT REVIEW AND REPORT

45 CFR Part 309 - TRIBAL CHILD SUPPORT ENFORCEMENT (IV-D) PROGRAM

45 CFR Part 310 - COMPUTERIZED TRIBAL IV-D SYSTEMS AND OFFICE AUTOMATION

45 CFR Part 1355 - GENERAL

45 CFR Part 1356 - REQUIREMENTS APPLICABLE TO TITLE IV-E

45 CFR Part 1357 - REQUIREMENTS APPLICABLE TO TITLE IV-B

 

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