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 § 300x-2
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute specifically directs the Secretary to provide waivers based on certain determinations (adequate community mental health services) and sets a timeline for approving or denying waiver requests (120 days). It also lays out specific criteria regarding the types of services to be offered by community mental health centers that participate in grant programs and defines the population that such mental health services must serve. This shows specific instruction to the agency.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

42 U.S.C. § 300x-2 concerns agreements related to grants for mental health services, particularly for children with emotional disturbances, and sets criteria for community mental health centers. 45 CFR Part 146 pertains to requirements for the group health insurance market, focusing on access, renewability, benefits, and preemption rules. While both relate to healthcare, the statute’s focus is narrower (mental health grants and service criteria) and the regulation addresses broader health insurance market rules. There’s no direct mandate or explicit authorization from the statute to promulgate the regulation, but a relatedness exists in the broader field of healthcare.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300w-5
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

Although the statute’s language like “as the Secretary may require” (42 U.S.C. § 300w-5(a)(1)(D)) appears broad, the statute focuses on specific tasks like developing uniform data sets and establishing criteria for data collection on specific activities. This directs the agency toward specific regulatory goals, fitting within the definition of “Specific Authority Delegations” based on the Hickman framework.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

42 U.S.C. § 300w-5 relates to data collection, reporting, and audits for State expenditures under certain health programs. While it involves reporting to the Secretary, the regulation (45 CFR Part 146) primarily addresses requirements for the group health insurance market, such as access, renewability, benefits, preemption, and enforcement. Therefore, the statute and regulation are related through the general subject matter of health and insurance, but the statute does not directly mandate or explicitly authorize the specific regulations found in 45 CFR Part 146.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300ff-140
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: General Authority sword icon

The statute delegates authority to the Secretary to determine “substantial consistency” without clearly defining what constitutes substantial consistency. While the statute relates to a specific area (the applicability of the “part”), the standard “substantially consistent” offers broad discretion. The secretary must interpret this standard, representing general authority.

Relationship: authorized but not mandated
Beta

The statute authorizes, but does not mandate, the Secretary to determine whether a state law is substantially consistent with the federal law. The statute states that if the chief executive officer of the State certifies, then the part does not apply, implying the Secretary has the authority to accept or reject this certification based on their determination of substantial consistency. This is an authorization for the Secretary to make a determination impacting the law’s applicability.

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

The statute specifically instructs the Administrator to review methods related to contaminant prevention, detection, and response in water systems, listing specific areas for review (e.g., monitoring systems, notice procedures, educational programs). Although the statute uses the general term “review,” the specificity regarding the subject matter qualifies it as a Specific Authority delegation.

Relationship: unrelated
Beta

The statute concerns methods to prevent, detect, and respond to intentional contamination of community water systems. The regulation concerns requirements for the group health insurance market. These topics are unrelated.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300mm-61
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute specifically directs the Secretary to increase amounts based on the consumer price index, indicating a defined regulatory task with open-ended terms.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

While the statute establishes a fund for the WTC Health Program, it does not directly mandate or explicitly authorize the specific regulations in 45 CFR Part 146, which generally deals with requirements for the group health insurance market. The WTC Health Program could potentially interact with group health insurance, however the relationship is not explicit.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300aa-2
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

Although the statute lists responsibilities for the Director of the Program using terms like “coordinate and provide direction” and “ensure,” which could be interpreted as somewhat open-ended, it does so in the context of specific regulatory tasks such as “licensing of vaccine manufacturers and vaccines” (referencing section 263a) and “production and procurement of vaccines.” This indicates a specific authority delegation, as the statute clearly identifies specific regulatory gaps or tasks related to vaccine programs that the Director is instructed to address.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

While the statute outlines the responsibilities of the Director of the Program regarding vaccines, and the regulation pertains to health insurance, there’s a relationship in the broader context of public health and healthcare access. However, the statute doesn’t directly mandate the specific regulations in 45 CFR Part 146, nor does it explicitly authorize them. The statute addresses vaccine programs, whereas the regulation focuses on group health insurance market requirements.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300ff-54
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute provides a specific regulatory task: allocating grants for specific health services (hemophilia and HIV/AIDS), prioritizing certain entities (rural areas, underserved populations), and setting limits on grant amounts and durations. It instructs the agency (Secretary) on how to make grants related to these services.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

42 U.S.C. § 300ff-54 concerns specific grant programs and technical assistance related to hemophilia and HIV/AIDS services. 45 CFR Part 146 broadly addresses requirements for group health insurance markets. While both relate to healthcare and potentially health insurance, § 300ff-54 does not directly mandate or explicitly authorize the regulations found in 45 CFR Part 146. The statute provides for specific grants while the regulation concerns rules relating to health insurance.

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

Subsection (d) clearly instructs the Secretary to establish standards for grant applications through regulation. While the statute uses terms like “standards specifying the circumstances,” this is still a relatively specific directive on what the agency must do.

Relationship: authorized but not mandated
Beta

The statute authorizes the Secretary to issue regulations specifying standards for grant applications, but it doesn’t directly mandate every aspect of those regulations.

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

The statute mandates the establishment of Offices of Minority Health and allocates funds. Although these offices might influence agency decisions related to various healthcare issues, including the group health insurance market, the statute does not provide any specific instructions on how to regulate these markets or address specific gaps within them. It’s a broad mandate to address minority health concerns within agencies.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

While both the statute and the regulation deal with health, the statute focuses on establishing offices of minority health within specific agencies and allocating funds, while the regulation (45 CFR Part 146) focuses on the requirements for the group health insurance market. The statute doesn’t directly mandate any regulations about group health insurance markets, nor does it explicitly authorize them. However, creating offices of minority health and addressing health disparities could be seen as related to broader healthcare market regulations.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300ff-30
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute, while not explicitly calling for specific regulations beyond the listed reporting and eligibility requirements, does direct the Secretary to award supplemental grants, defining eligibility criteria, reporting requirements, definitions, and distribution methods. This falls under the category of specific authority because it provides clear instructions on a specific regulatory task (grant allocation) and the conditions surrounding it.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute concerns grants to states for HIV/AIDS services in emerging communities, and sets eligibility and reporting requirements. The regulation addresses requirements for the group health insurance market. While both relate to health, there’s no direct mandate or explicit authorization from the statute for the regulation.

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

The statute specifically instructs the EPA Administrator to establish a competitive grant program and an interagency working group, detailing the purposes, eligible recipients, permissible uses of funds, and reporting requirements. This level of detail aligns with Specific Authority Delegations.

Relationship: unrelated
Beta

42 U.S.C. § 300j-19e concerns water infrastructure and workforce investment, primarily focused on grants, workforce development, and interagency coordination regarding water and wastewater utilities. 45 CFR Part 146 pertains to requirements for the group health insurance market. There is no direct or related connection between the two.

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

The statute specifically instructs the special master or court regarding the process and the factors to consider when determining eligibility for compensation under the Vaccine Injury Compensation Program. Although it involves judgment and the use of terms like “preponderance of the evidence,” it lays out specific tasks and criteria to be followed.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

42 U.S. Code § 300aa-13 addresses the determination of eligibility and compensation under the National Vaccine Injury Compensation Program, focusing on the criteria used by special masters or courts to award compensation. 45 CFR Part 146 outlines requirements for the group health insurance market. While both relate to healthcare, the statute does not directly mandate or explicitly authorize the regulation; their relationship is indirect as both impact healthcare benefits and access.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300x-9
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute directs the Secretary to obligate funds for specific purposes like technical assistance, data collection, and program evaluation related to mental health (subsection b). Subsections (c) and (d) mandate that states expend certain percentages of funds on specific programs, like those addressing early serious mental illness and crisis care. The statute provides relatively detailed instructions regarding use of funds.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

42 U.S. Code § 300x-9 concerns funding and allocation of funds for mental health services, including specific directives for crisis care and early serious mental illness programs. 45 CFR Part 146 addresses requirements for group health insurance markets, focusing on access, renewability, benefits, and preemption. While both relate to healthcare, the statute doesn’t directly mandate the specific regulations in Part 146, nor is that regulatory action explicitly authorized. They are related in the broader context of healthcare and insurance, but lack a direct mandate or authorization relationship.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300x-21
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: General Authority sword icon

The statute delegates authority to the Secretary to administer grants for substance use disorder treatment and prevention. While specific activities are authorized under section (b), the authority to make rules concerning these grants is broad. The statute refers to specific sections for amounts and application procedures, it does not instruct on specific regulatory tasks needed to carry out the grants, falling more in line with a broad rulemaking mandate.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

42 U.S.C. § 300x-21 concerns formula grants to states for substance abuse treatment and prevention. 45 CFR Part 146 addresses requirements for the group health insurance market, specifically focusing on access, renewability, benefits, and preemption related to health insurance. While both relate to health, the statute does not directly mandate or explicitly authorize the specific regulations found in 45 CFR Part 146. The statute grants funding for substance abuse activities, while the regulation focuses on health insurance market rules. They are related in the broader context of healthcare but not through direct mandate or explicit authorization.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300i-4
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

42 U.S.C. § 300i-4 specifically instructs the Administrator to review and disseminate information related to methods and means to disrupt the supply of safe drinking water. This includes specific details, such as methods by which pipes and conveyance systems could be destroyed or altered.

Relationship: unrelated
Beta

42 U.S.C. § 300i-4 concerns the security of drinking water supplies and dissemination of information about it, while 45 CFR Part 146 addresses requirements for group health insurance markets. These topics are unrelated.

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

The statute clearly instructs the Secretary of Health and Human Services to establish an office and develop/implement prevention programs targeted at minority populations, as well as provide technical assistance. This is a specific regulatory task, even if it includes the open-ended term “appropriate” in describing the technical assistance to be provided.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute and regulation are related in that they both pertain to health and human services, but the statute concerns the establishment of an office for AIDS prevention programs targeted at minority populations, while the regulation addresses requirements for the group health insurance market. The statute does not directly mandate the specific regulations in 45 CFR Part 146, nor does it explicitly authorize them.

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

The statute provides the agency (specifically the Secretary of Labor and Secretary of HHS) with a clearly defined regulatory task: to establish and update standards for internal and external claim appeals processes. The statute directs the agency to develop and update the processes. The language uses terms like “effective” and to set “minimum standards,” indicating specific parameters for the agency’s regulatory actions, even though there’s discretion in HOW those standards are to be designed/implemented.

Relationship: authorized but not mandated
Beta

42 U.S.C. § 300gg-19 mandates that group health plans and health insurance issuers implement an effective appeals process. While it specifies certain minimum requirements, it also authorizes the Secretary of Labor and the Secretary of Health and Human Services to establish and update standards for the internal claims and appeals processes. Moreover subsection (b)(2) states that the Secretary may establish minimum standards through guidance.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300j-25
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Administrator to establish a grant program for drinking water fountain replacement in schools. The statute includes specific instructions on the use of funds and priority considerations. Although terms like “appropriate” are used, the statute provides clear instruction on a specific regulatory task, aligning with the definition of a Specific Authority Delegation.

Relationship: authorized but not mandated
Beta

The statute authorizes the Administrator to establish a grant program but doesn’t mandate specific regulations beyond the general framework. While the statute requires the Administrator to establish the grant program, it provides discretion in implementation (e.g., determination of “appropriateness” for monitoring/reporting costs under (b)(2), and determination of “economic need” under (c)). The grant program is authorized, but specific regulations for its detailed operation are not explicitly mandated.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300x-25
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute mandates that “The Secretary shall ensure that there are in effect guidelines under this subpart for the operation of programs described in subsection (a).” This is a specific directive to the Secretary to create guidelines for operating the group homes described in the statute. Although the term “guidelines” could be interpreted broadly, it falls under the “Specific Authority” category because it instructs the agency on a specific regulatory task, even using the open-ended term “guidelines”.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute concerns revolving funds for group homes for individuals recovering from substance use disorders. While the regulation, 45 CFR Part 146, concerns group health insurance markets, both relate to healthcare, but there is no direct mandate or explicit authorization between the two. The statute does not directly mandate the regulation, nor does it explicitly authorize the regulation. They are simply related in the broader context of health and social services.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300ff-51
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute provides specific instructions to the Secretary regarding the establishment of a grant program for HIV/AIDS services. While the statute uses terms like “needed,” “appropriate,” and the Secretary retains the power of “approval,” the legislation also specifies that grants must be used for “core medical services,” “support services,” and “administrative expenses,” as defined in other sections, along with specifying the types of entities eligible and the percentage of grant money that needs to be applied to certain areas.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

While 42 U.S.C. § 300ff-51 concerns grants for HIV/AIDS services, some of which may involve health insurance, it doesn’t directly mandate or explicitly authorize regulations regarding the group health insurance market, which is the focus of 45 CFR Part 146. However, both relate to healthcare and health insurance. The statute doesn’t directly mandate regulations, nor does it explicitly authorize the specific area of group health insurance market regulations.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300aa-5
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute specifically directs the Director of the Program to take actions related to vaccine supply, safety, and research. While not directing rulemaking in particular, it does instruct on specific regulatory tasks and objectives related to vaccines.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute establishes the National Vaccine Advisory Committee and outlines its duties, which include studying vaccine availability, recommending research priorities, and advising the Director of the Program. While the statute relates to public health, including aspects covered by health insurance regulations (like access and benefits), it neither directly mandates nor explicitly authorizes the specific regulations outlined in 45 CFR Part 146 concerning group health insurance market requirements. The statute broadly concerns vaccine policy and advice, while the regulation narrowly focuses on health insurance.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300dd-41
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

While the provided text of 42 U.S.C. § 300dd-41 does not contain express delegation language because it was repealed, its historical function and related statutes are relevant. This statute created demonstration projects, thus indicating specific tasks or gaps that HHS would oversee or address through grants or contracts. This aligns with Hickman’s definition of Specific Authority Delegation.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

42 U.S.C. § 300dd-41 relates to demonstration projects for individuals with positive AIDS test results. 45 CFR Part 146 pertains to requirements for the group health insurance market. While both broadly fall under the umbrella of healthcare, the statute is focused on a specific type of project, whereas the regulation is focused on the broader requirements for group health insurance. 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 § 300w-10
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: General Authority sword icon

The CFR cites several sections within 42 U.S.C. 300gg relating to health insurance, but not 300w-10. Assuming that the listed sections are the ones authorizing the regulation, this fits a General Authority Delegation.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

42 U.S. Code § 300w-10, as added in 1994, related to rape prevention education, and the regulation 45 CFR Part 146 concerns group health insurance market regulations. While both address health-related topics, the statute doesn’t directly mandate or explicitly authorize the specific health insurance regulations in 45 CFR Part 146. The statute has also been repealed making it even less likely to authorize the regulation.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300j-9
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: General Authority sword icon

42 U.S.C. § 300j-9(a)(1) provides the Administrator broad rulemaking authority, using the language “necessary or appropriate to carry out his functions under this subchapter.” It does not specify particular regulatory tasks or gaps that must be addressed. This constitutes a broad delegation of authority.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

While 42 U.S.C. § 300j-9(a)(1) authorizes the Administrator to prescribe regulations to carry out functions under the subchapter, the provided regulation, 45 CFR Part 146, is authorized under a different section of the US Code: 42 U.S.C. 300gg-1 through 300gg-5, 300gg-11 through 300gg-23, 300gg-91, and 300gg-92. Therefore, the relationship is related (both deal with health matters) but not directly mandated or explicitly authorized by the given statute.

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

The statute provides a specific regulatory task, which is the establishment of grants to states for the purpose of providing anonymous HIV testing. While the term “may make grants” grants discretion, the purpose of those grants is clearly defined, indicating a specific authority delegation.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute authorizes grants for anonymous HIV testing, while the regulation concerns requirements for the group health insurance market. While both touch on healthcare, the statute does not directly mandate or explicitly authorize the specific regulations in 45 CFR Part 146. The connection is that providing anonymous testing could influence the insurance market.

Found 56,371 results