Skip to Main Content
Pacific Legal Foundation logo
Back to Top

Database Search Results

Found 56,371 results
Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300d-46
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: General Authority sword icon

This statute is simply a definition and therefore does not delegate any authority. I choose general authority because the statue was classified as related but neither directly mandated nor explicitly authorized. A statute that doesn’t mandate or authorize is more general than specific.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute defines “uncompensated care costs.” The regulation, 45 CFR Part 146, concerns requirements for the group health insurance market. While “uncompensated care costs” might be related to health insurance, the statute doesn’t directly mandate or explicitly authorize any regulation by an agency.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300ee-13
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Secretary regarding the conditions under which payments may be made to states, including the form, manner, agreements, and assurances required in the application. While the language in subsection (a)(7) “as the Secretary determines to be necessary to carry out this part” grants the Secretary discretion, it’s tied to a specific regulatory task.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

While both the statute and regulation deal with health insurance, 42 U.S. Code § 300ee-13 concerns specific requirements for state applications to receive federal payments, while 45 CFR Part 146 outlines broader requirements for group health insurance markets. The statute enables the Secretary to set conditions for payment; the regulation creates the specific standards for those health insurance markets. Therefore, they are related but neither directly mandated nor explicitly authorized by the other.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300mm-1
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the WTC Program Administrator to establish advisory and steering committees with defined roles and compositions. This represents a specific regulatory task assigned to the agency, guiding the formation and function of these committees.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

While 42 U.S. Code § 300mm-1 relates to health programs, it focuses on advisory committees and steering committees within the WTC Health Program. 45 CFR Part 146 pertains to requirements for the group health insurance market. There is an indirect connection through the broader topic of healthcare, but the statute does not directly mandate or explicitly authorize the specific regulations in 45 CFR Part 146. The CFR regulation does not cite the statute.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300aa-10
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

42 U.S.C. 300aa-10(a) establishes a specific program (National Vaccine Injury Compensation Program) and instructs the Secretary to administer it. This constitutes a clear instruction on a specific regulatory task.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

While both the statute and the regulation pertain to health and the role of the Secretary, they address distinct areas. The statute focuses on vaccine injury compensation, and the regulation governs the group health insurance market. The statute doesn’t explicitly mandate or authorize this specific type of regulation, but both fall under broader health oversight.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300mm-64
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute directs the WTC Program Administrator to utilize the funds for a specific purpose: carrying out section 300mm-22 with regard to WTC responders enrolled in the WTC Program based on specific eligibility criteria described in subclauses of section 300mm-21. This provides a clear, directed task.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

42 U.S.C. § 300mm-64 establishes a fund for WTC responders at the Pentagon and Shanksville. 45 CFR Part 146 pertains to requirements for group health insurance markets. While both relate to health and healthcare, the statute focuses on a specific program and funding, while the regulation addresses broader market standards. The statute references other sections within the same subchapter, indicating its specific context. The regulation’s authority does not explicitly include 300mm-64 or other sections in that range, indicating it’s related but neither directly mandated nor explicitly authorized.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300gg-15a
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute specifically directs the Secretary to receive information related to section 18031(e)(3) of the US Code. It creates a specific obligation to receive and then distribute the information to the public. Although open ended language is used, such as “make such information available to the public” it still provides specific instructions to complete.

Relationship: authorized but not mandated
Beta

The statute, 42 U.S. Code § 300gg-15a, directs group health plans and health insurance issuers to comply with certain provisions related to information submission. While it mandates compliance, the specifics of how that information is submitted and made public fall under the agency’s discretion to implement through regulations. The CFR citation (45 CFR Parts 144, 146, 147, 148, 150) supports this since it includes Part 146 which governs the group health insurance market, the target of the statutory mandate. It is authorized but not mandated since it builds off a reference to another section and directs the Secretary to receive information but doesn’t give specifics, just directs the agency to receive the submission.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300gg-94
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Secretary to establish a review process for unreasonable premium increases. It outlines the components of the process, such as requiring issuers to submit justifications and disclosing information publicly. While the statute provides flexibility in how the Secretary implements these instructions, it directs the agency towards a specific regulatory task, fitting the definition of Specific Authority. The use of “unreasonable” allows the agency to define the term through expertise.

Relationship: authorized but not mandated
Beta

The statute, 42 U.S.C. § 300gg-94, authorizes the Secretary to establish a process for the annual review of unreasonable increases in premiums for health insurance coverage. While the statute outlines the requirements for the review process and justification for increases, it does not mandate specific regulations beyond the establishment of the review process itself. The statute uses the term “shall establish,” which suggests a mandate to create the process, but the specifics within that process leave room for the agency to develop regulations as deemed appropriate. The “Authorities (CFR)” note lists 45 CFR 154, but not Part 146.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300jj-32
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute clearly instructs the Secretary to establish a health information technology extension program, create a Health Information Technology Research Center, and provide assistance for regional extension centers. It details the purposes of these entities, the input they should incorporate, the types of assistance to be provided, and even prioritizes specific types of healthcare providers for assistance. These directives provide specific regulatory tasks related to health IT implementation, therefore falling under the Specific Authority delegation.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute 42 U.S.C. § 300jj-32 focuses on health information technology implementation assistance. While 45 CFR Part 146 concerns group health insurance market regulations, some overlap exists because the adoption and effective use of health information technology, as encouraged by the statute, could indirectly affect the benefits, access, and renewability aspects of group health insurance discussed in the regulation. However, the statute does not directly mandate or explicitly authorize these specific regulations.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300gg-137
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute clearly instructs the Secretary to establish a specific “patient-provider dispute resolution process” with detailed instructions on its function, including selection of dispute resolution entities, fee establishment, and certification processes. The statute uses directive language (“shall”) and provides specific guidance on how the agency should proceed.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

While 42 U.S.C. § 300gg-137 and 45 CFR Part 146 both pertain to health insurance and are within the same general area of regulation, the specific authority for § 300gg-137 (patient-provider dispute resolution) is not explicitly listed in the authority section of 45 CFR Part 146. Therefore, they are related but neither directly mandated nor explicitly authorized.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300hh-10
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: General Authority sword icon

The statute provides broad directives for the Assistant Secretary for Preparedness and Response to coordinate preparedness and response activities. It includes specific types of activities (e.g., leadership, personnel, countermeasures, coordination, logistics), but it lacks specific instructions on the content or standards for regulations related to health insurance markets. The statute does not identify regulatory tasks, but gives ASPR broad mandate for public health emergency preparedness and response and biodefense. This is a general authority delegation.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

While 42 U.S.C. § 300hh-10 generally concerns public health emergency preparedness and the duties of the Assistant Secretary for Preparedness and Response, and 45 CFR Part 146 addresses requirements for group health insurance, there is no direct mandate or explicit authorization within the statute for the specific content of 45 CFR Part 146. The regulation concerns health insurance markets, while the statute focuses on public health emergency preparedness. However, there is a relatedness, because effective response involves health insurance coverage.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300gg-17
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute instructs the Secretary to develop specific reporting requirements related to plan benefits and healthcare provider reimbursement structures that achieve specific goals: improving health outcomes, preventing hospital readmissions, improving patient safety, and promoting wellness. Subsection (d) specifically mandates regulations providing criteria for reimbursement structures described in subsection (a). Even the provision allowing the Secretary to develop penalties and exceptions provides the Secretary with authority to further specify implementation.

Relationship: directly mandated
Beta

42 U.S. Code § 300gg-17(d) explicitly states, “Not later than 2 years after March 23, 2010, the Secretary shall promulgate regulations that provide criteria for determining whether a reimbursement structure is described in subsection (a).” This language leaves no discretion to the Secretary.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300u-14
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute provides specific instructions to the Secretary of Health and Human Services, outlining the precise actions they must take, including awarding grants, conducting evaluations, and submitting a report to Congress. The statute also specifies eligibility criteria for the grants and details on how funds are to be used, therefore clearly instructing the agency on a specific regulatory task.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute directs the Secretary of HHS to award grants and conduct evaluations related to community-based prevention and wellness programs. While 45 CFR Part 146 addresses requirements for the group health insurance market and stems from the Affordable Care Act, it does not directly implement the specific grant program or evaluations outlined in 42 U.S.C. § 300u-14. However, the statute and regulation are generally related under the affordable care act.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300g-7
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Administrator to issue guidelines for States to follow in proposing alternative monitoring requirements and also requires the Administrator to periodically review and revise authorities related to monitoring requirements. It gives specific guidance on what to consider when allowing alternative monitoring programs and what to do if a contaminant is detected.

Relationship: unrelated
Beta

42 U.S.C. § 300g-7 concerns the monitoring of contaminants in public water systems. 45 CFR Part 146 relates to requirements for group health insurance market, addressing access, renewability, benefits, preemption, and other rules related to health insurance issuers. There is no relationship between these two topics.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300gg-135
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute clearly instructs an agency (likely HHS, potentially in conjunction with DOL and Treasury) on a specific regulatory task: limiting patient billing for air ambulance services provided by non-participating providers. While it uses references to other sections regarding cost-sharing calculations, it defines a specific regulatory task. The statute has a specific regulatory task or gap identified.

Relationship: authorized but not mandated
Beta

The statute, 42 U.S.C. § 300gg-135, directly addresses air ambulance services and prohibits non-participating providers from billing patients more than the cost-sharing amount. The regulation, 45 CFR Part 146, broadly covers requirements for the group health insurance market. While the statute doesn’t explicitly mandate specific regulations related to air ambulance billing, it falls within the general scope of regulating health insurance benefits and cost-sharing, thus authorized but not mandated. The statute sets a specific standard that agencies could then regulate around, but doesn’t force it.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300w-6
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Secretary on when and how to withhold funds from States, outlining procedures for investigations, notice, and hearings. The statute dictates specific actions the Secretary must take or refrain from taking (e.g., withholding funds for minor failures), which constitutes specific authority delegation.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute describes how the Secretary shall and may withhold funds if states do not comply with requirements related to their allotment and certifications. While the statute directly mandates actions related to funds, the cited CFR, Part 146, addresses broader “Requirements for the Group Health Insurance Market”. The statute enables a mechanism for enforcement, but does not directly mandate the requirements within the group health insurance market addressed in the regulation.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300j-19f
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute explicitly instructs the Administrator to establish a grant program and outlines specific criteria for eligible entities, applications, use of funds, and reporting requirements. It provides detailed guidance on the regulatory task, fitting Hickman’s definition of a Specific Authority Delegation. While the Administrator has some discretion, the statute provides a clear regulatory task with specific requirements and objectives.

Relationship: unrelated
Beta

The statute 42 U.S.C. § 300j-19f concerns the operational sustainability of small public water systems through grants. The regulation 45 CFR Part 146 pertains to requirements for the group health insurance market. These topics are unrelated.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300aa-16
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

While the statute directly outlines specific timelines and procedures for filing claims related to vaccine injuries, it also implicitly relies on the “Vaccine Injury Table” to be maintained and revised, which is a specific regulatory task. This table’s revision directly affects who is eligible for compensation and the likelihood of obtaining it. Although the statute itself doesn’t explicitly delegate authority to revise the table, the references to the Vaccine Injury Table are a Specific Authority delegation.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute 42 U.S. Code § 300aa-16 sets limitations on actions for vaccine-related injuries or deaths under the National Vaccine Injury Compensation Program. 45 CFR Part 146 addresses requirements for group health insurance markets. While both relate to healthcare, the statute focuses on a specific compensation program and limitations on legal actions, while the regulation covers broader aspects of health insurance. Therefore, they are related but not directly mandated or explicitly authorized by each other.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300x-26
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

42 U.S.C. § 300x-26(c)(2) directs the Secretary to update regulations under 45 CFR Part 96 or guidance on specific topics related to the retailer compliance rate goal and the use of funds. This is a specific instruction on a particular regulatory task, fitting within the definition of a Specific Authority Delegation.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

While 42 U.S.C. § 300x-26 deals with public health and grants to states (which could indirectly affect healthcare), it doesn’t directly mandate or authorize the requirements found in 45 CFR Part 146, which primarily concern group health insurance market regulations. The statute and regulation are related through the broader domain of healthcare but are not directly connected through mandate or authorization.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300mm-3
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute provides very specific instructions for the WTC Program Administrator regarding data collection, analysis, coordination with centers of excellence and the WTC Health Registry, and privacy protection. While the statute uses terms like “provide for,” indicating some discretion, it clearly defines the regulatory task (uniform data collection and analysis) and the objective (identifying and monitoring WTC-related health conditions). This indicates a specific rather than general authority is delegated.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

While 42 U.S.C. § 300mm-3(d) mentions “regulations” and HIPAA regulations are explicitly referenced (although the citation provided refers to a definition section), the statute does not explicitly mandate or authorize the creation of regulations specifically to implement the data collection and analysis requirements outlined in the statute itself, but states it must be consistent with existing statutes and regulations. Also, the CFR citation of Title 42 Section 88 seems more directly related.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300e-8
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

Although 42 U.S.C. § 300e-8 is specifically an authorization for appropriations, it references the sections that authorize the grant and loan programs (300e-16 and 300e-7(e)). Those sections create the need for regulations to properly execute the program by outlining requirements for proper implementation and oversight of the allocation of funding. The agency needs to issue rules to determine how funds are awarded.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

42 U.S.C. § 300e-8 authorizes appropriations for specific grant and loan programs detailed in other sections (300e-16 and 300e-7(e)). While these sections might indirectly lead to regulations regarding the operation and oversight of these programs, the authorization itself doesn’t explicitly mandate or authorize specific regulations. 45 CFR Part 146, based on the authority cited (42 U.S.C. 300gg-1 through 300gg-5, 300gg-11 through 300gg-23, 300gg-91, and 300gg-92), addresses requirements for the group health insurance market. While both the statute and the regulation deal with health-related matters, they concern different aspects. The statute focuses on funding particular programs, while the regulation deals with broader market rules for group health insurance.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300d-31
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

Although the statute provided is a definition section, when considered within the context of the broader legislation (Title 42 U.S. Code, Chapter 6A, Part C, focusing on trauma care) and how that relates to 45 CFR Part 146, the statute gives instructions on what a trauma center is, what a state plan should consist of, and what trauma constitutes. While there is no explicit mandate to regulate group health insurance in the provided definition section, it sets the stage and is related to provisions within the U.S. Code that would fall under Specific Authority Delegation because it instructs agencies on implementing trauma care requirements. Given the limited scope of the provided document, the full statute would need to be considered for a more complete analysis.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute defines terms related to trauma care and state plans for emergency medical services. The regulation concerns requirements for group health insurance markets. While both relate to health, the statute does not directly mandate or explicitly authorize the regulation of group health insurance markets. They are related in the broader context of healthcare but not in a direct regulatory sense.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300gg-117
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute, 42 U.S.C. § 300gg-117, directs specific regulatory actions related to patient protections, such as choice of healthcare professional, access to pediatric care, and patient access to obstetrical and gynecological care. While the statute doesn’t use extremely narrow language, it clearly instructs the agency on specific gaps and tasks in the health insurance market requiring regulation.

Relationship: authorized but not mandated
Beta

The statute sets out specific requirements for group health plans and health insurance issuers, indicating authorization for regulation in this area. However, it doesn’t explicitly mandate the creation of regulations to implement every detail, allowing agency discretion within the stated parameters.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300x-67
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute clearly instructs the Secretary on a specific regulatory task (granting extensions or waivers in public health emergencies) related to particular grant programs. The statute limits this authority to specific circumstances (“as the circumstances of the emergency reasonably require”) and programs (identified sections of the U.S. Code).

Relationship: authorized but not mandated
Beta

The statute authorizes the Secretary to grant extensions or waivers under specific circumstances (public health emergencies) for grants authorized under specific sections of the U.S. Code. This does not directly mandate any specific regulation but authorizes the Secretary to take action.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300j-3
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

Subsection (d) of the statute explicitly states “The Administrator shall prescribe regulations to carry out this subsection.” This is a clear instruction regarding a specific regulatory task: to create regulations governing the loan guarantee program outlined in that subsection. While the broader statute might touch upon several areas, the specific call for regulations related to loan guarantees for public water systems falls under Specific Authority.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

While 42 U.S.C. § 300j-3 deals with safe drinking water, and 45 CFR Part 146 deals with group health insurance market requirements, they are related in the general sense of promoting public health and well-being. However, § 300j-3 does not directly mandate or explicitly authorize the regulations in 45 CFR Part 146. The statute concerns grants and loan guarantees related to drinking water systems, while the regulation focuses on health insurance.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300d-3
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute provides a specific regulatory task by instructing the Secretary to award grants for research and demonstration projects supporting improvements to emergency medical services and trauma care in rural areas through enumerated activities. While the language contains open-ended terms like “appropriate”, the statute directs regulatory action towards a narrow goal.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute discusses grants for improving trauma care in rural areas. The regulation concerns requirements for the group health insurance market. While both generally relate to healthcare, the statute does not explicitly mandate or authorize the regulation, nor does the regulation directly implement the statute’s grant program.

Found 56,371 results