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

The statute specifically instructs the Administrator to develop a technology clearinghouse and disseminate information, providing clear and specific direction for a regulatory task.

Relationship: unrelated
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The statute concerns drinking water delivery systems, while the regulation addresses requirements for the group health insurance market. They operate in distinct areas and are not directly related.

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

The statute, 42 U.S.C. § 300jj-16, primarily limits agency authority. It doesn’t instruct the agency to do anything. While it references section 300jj-14, that is to clarify the limitations on authority regarding standards adopted under that section, and even if we looked at 300jj-14, the language in that section is very open ended – too open ended for a “Specific Authority” delegation under Hickman’s framework. Given the overall regulatory scheme, the broad authorities cited by the regulation likely stem from other parts of the HITECH Act or pre-existing health insurance laws, thus this particular section is best understood as defining a constraint on the scope of those other delegated powers.

Relationship: related but neither directly mandated nor explicitly authorized
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While the statute and regulation both deal with health insurance, the statute (42 U.S.C. § 300jj-16) focuses on the voluntary adoption of standards by private entities and limits federal agency authority to mandate compliance, whereas the regulation (45 CFR Part 146) sets forth requirements for the group health insurance market. The regulation does not appear to directly implement or enforce the provisions of the statute. Section 300jj-16 does not directly mandate any regulatory action; it mostly limits authority. They are related in the general sense of health insurance, but neither directly mandated nor explicitly authorized by the other.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300ff-87
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute explicitly instructs the Secretary to develop and submit a “severity of need index” for individuals with HIV/AIDS. It specifies the content of the index, its purpose, and the process for its development and submission, including requirements for methodology, independent analysis, and community input. This level of detail indicates a specific regulatory task.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute and regulation are related in that they both deal with health insurance and public health. However, the statute specifically mandates the development of a severity of need index for HIV/AIDS, while the regulation (45 CFR Part 146) generally addresses requirements for the group health insurance market. The statute does not directly mandate the regulation, nor does it explicitly authorize it, although the regulation could relate to the goals of the statute.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300hh-36
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute provides a specific regulatory task – establishing a voluntary leadership exchange program and issuing guidance with specific criteria for placements related to public health preparedness. While the Secretary has discretion in how to implement the program, the statute provides a clear objective and parameters.

Relationship: authorized but not mandated
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The statute authorizes the Secretary to establish a voluntary program and issue guidance, but it does not mandate that they do so. The word “may” indicates that the action is authorized but not required.

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

The statute delegates to the Secretary the authority to develop “guidelines” regarding whether an emergency response employee “may have been exposed to an infectious disease” and what actions are “medically appropriate.” While the statute provides a framework, the specifics are left to the agency’s discretion via the guidelines, which is a specific regulatory task.

Relationship: authorized but not mandated
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The statute explicitly authorizes the Secretary to develop guidelines, which suggests an authorized but not mandated relationship. The statute directs a designated officer to notify employees based on these guidelines, so it’s not unrelated, and the statute doesn’t dictate the exact content of those guidelines, so it’s not directly mandated.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300e-11
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute provides specific instructions regarding the Secretary’s actions upon determining deficiencies in HMOs, including notification requirements, timelines for corrective action, and potential enforcement actions. The statute uses open-ended terms like “reasonable opportunity” and “necessary action,” which grant the Secretary some discretion but within a defined regulatory task – ensuring HMO compliance with assurances.

Relationship: related but neither directly mandated nor explicitly authorized
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While 42 U.S.C. § 300e-11 concerns the regulation of health maintenance organizations, and 45 CFR Part 146 addresses requirements for the group health insurance market, including aspects related to health benefits plans, the statute doesn’t directly mandate the specific regulations found in 45 CFR Part 146, nor does it explicitly authorize that particular set of regulations. The statute outlines enforcement actions the Secretary may take but doesn’t specifically call for the type of regulations outlined in 45 CFR 146. While the statute and regulation are in the general realm of healthcare oversight, they are connected more tangentially than directly. The regulation’s listed authority in 42 U.S.C. 300gg does not include any reference to 300e.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300ff-24
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute specifically details how the grant money should be used, including the types of services to be provided, the target population (individuals with HIV/AIDS), and even prioritizing certain entities. It also outlines what “home- and community-based health services” means in this context, showing very specific instructions. Even though open-ended words such as “appropriate” are included, the statue is a very precise delegation.

Relationship: related but neither directly mandated nor explicitly authorized
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While 42 U.S.C. § 300ff-24 concerns health services, including those related to HIV/AIDS, and 45 CFR Part 146 addresses requirements for group health insurance, a direct mandate or explicit authorization linking the two is absent. Part 146 does not explicitly regulate the grant programs outlined in Section 300ff-24.

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

While the statute directs the Secretary to establish the committee and outlines its composition and reporting requirements, it also grants the Secretary broad discretion to determine “other activities” the committee may carry out. This latitude, combined with the overarching goal of improving newborn and child screening, indicates a general authority delegation, despite the specified tasks.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute creates an Interagency Coordinating Committee and tasks it with assessing activities and making recommendations. It directs the Secretary to establish this committee. While it is related to health and potentially impacts insurance (which is the general subject of the regulation), it doesn’t directly mandate or explicitly authorize the specific regulations found in 45 CFR Part 146. The regulation addresses group health insurance market rules, whereas the statute concerns newborn and child screening programs and data collection.

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

Though 42 U.S.C. § 300aa-21 doesn’t explicitly delegate rulemaking authority to an agency, it sets forth specific requirements and processes for individuals pursuing compensation for vaccine-related injuries or death. It provides detailed instructions related to filing elections, continuing or withdrawing petitions, and limitation of actions, thus, it falls under the umbrella of providing specific regulatory tasks or gaps to be addressed.

Relationship: related but neither directly mandated nor explicitly authorized
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While 42 U.S.C. § 300aa-21 concerns vaccine-related injuries and the process for seeking compensation, and 45 CFR Part 146 relates to group health insurance market regulations, there isn’t a direct mandate or explicit authorization between them. Both relate to health, but § 300aa-21 is specifically about the National Vaccine Injury Compensation Program and the ability to bring civil actions related to vaccine injuries, while 45 CFR Part 146 focuses on health insurance market regulations. The authorities cited in 45 CFR Part 146, including 42 U.S.C. 300gg-1 through 300gg-92, do not reference 42 U.S.C. § 300aa-21 or the National Vaccine Injury Compensation Program.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300ff-84
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: General Authority sword icon

The statute itself doesn’t delegate any specific regulatory task to an agency. Instead, it imposes a restriction on how appropriated funds can be used. It does not authorize or instruct any agency to create rules around this restriction, or the broader AIDS programs. Thus it does not fit with either definition of specific authority.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute concerns the use of appropriated funds under a specific subchapter related to AIDS programs. The regulation, 45 CFR Part 146, establishes requirements for the group health insurance market, specifically related to access, renewability, benefits, preemption and rules specific to issuers of health insurance. While both concern health and potentially funding through Title 42, the statute does not mandate or explicitly authorize the regulation of group health insurance markets. The regulation could potentially affect AIDS-related services offered within the group health market, so they are related, but not directly mandated or explicitly authorized.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300ff-82
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute provides a clear and specific task for the Secretary: to reduce grant amounts to states that fail to prepare audits in accordance with specified procedures (31 U.S.C. § 7502), select audit samples, summarize them, and submit them to Congress. The statute also specifies that audits received from the state lead agency under 42 U.S.C. § 300ff-27(b)(4) must be posted on the Health Resources and Services Administration website. The statute does not provide open-ended general authority.

Relationship: authorized but not mandated
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The statute authorizes the Secretary to reduce grant amounts if states fail to prepare audits according to 31 U.S.C. § 7502 and mandates posting of audits, implying regulatory oversight but not explicitly dictating every aspect. Therefore, the relationship is authorized but not mandated.

Regulation: 45 CFR Part 144
Authorizing Statute: 42 U.S. Code § 300gg-61
Agency: Department of Health and Human Services
Restrictions: 25
Delegation Category: Specific Authority checkmark icon

While the statute delegates enforcement authority, it does so concerning a specific regulatory task: enforcing existing health insurance requirements in the individual market when a state fails to do so. It references specific sections (300gg-22(b)(2) and 300gg-22(b)(3)) outlining the Secretary’s authority. Therefore, it falls into the Specific Authority category.

Relationship: authorized but not mandated
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The statute authorizes the Secretary to enforce the provisions of the relevant part of the US Code (Title 42, Section 300gg-61) if a state fails to do so substantially. The statute does not explicitly mandate specific regulations, but it authorizes the Secretary to act in certain circumstances, implying the power to create regulations needed for enforcement.

Regulation: 45 CFR Part 144
Authorizing Statute: 42 U.S. Code § 300mm-1
Agency: Department of Health and Human Services
Restrictions: 25
Delegation Category: Specific Authority checkmark icon

The statute provides clear instructions on establishing the committees, including their purpose, composition, and specific duties (reviewing evidence, making recommendations, consulting stakeholders). While some discretion is afforded, the statute clearly instructs the agency on a specific regulatory task or gap.

Relationship: directly mandated
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The statute explicitly mandates the WTC Program Administrator to establish advisory and steering committees. This directly mandates a specific action by the agency.

Regulation: 45 CFR Part 144
Authorizing Statute: 42 U.S. Code § 300b-3
Agency: Department of Health and Human Services
Restrictions: 25
Delegation Category: Specific Authority checkmark icon

The statute (42 U.S.C. § 300b-3) provides clear instructions to the Secretary regarding the manner of application, the content required, and considerations for awarding grants and contracts for sickle cell anemia programs. It instructs the Secretary to establish requirements and give special consideration to certain applicants, thus fitting the “Specific Authority” category.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute (42 U.S.C. § 300b-3) concerns application requirements and considerations for grants and contracts related to sickle cell anemia programs. The regulation (45 CFR Part 144) relates to health insurance coverage, specifically requirements relating to health insurance coverage. While both deal with health-related matters under the purview of the Department of Health and Human Services, the statute doesn’t directly mandate or explicitly authorize the specific regulations concerning health insurance coverage outlined in Part 144. The connection is more tangential as they both pertain to public health initiatives.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300j-12
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

Although the statute grants broad authority for a program and its details, it does provide more than broad rulemaking authority because 42 U.S.C. 300j-12(g)(3) indicates specific regulatory areas, including provisions to ensure efficient fund expenditure, prevent waste/fraud/abuse, and avoid financing public water system expansion in anticipation of future population growth. The inclusion of “as may be necessary” does not make the delegation general but rather specific because it constrains the Administrator’s discretion as to subject matter.

Relationship: authorized but not mandated
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The statute explicitly authorizes the Administrator to issue guidance and regulations to carry out the provisions of the section, but does not mandate specific regulations. 42 U.S.C. 300j-12(g)(3) states “The Administrator shall publish guidance and promulgate regulations as may be necessary to carry out the provisions of this section…”. This falls under the “authorized but not mandated” category.

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

The statute identifies a very specific regulatory gap. It says that IF the Secretary wants to provide grants under one section of the code, then THAT grant is conditional upon the STATES doing something specific under another section of the US Code. The statute uses a very targeted and specific regulatory instruction.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute links grant funding to state Medicaid plans incorporating specific screening procedures. While 45 CFR Part 146 concerns group health insurance market requirements, neither the statute directly mandates these regulations, nor is the regulation explicitly authorized by the statute. The statute pertains to Medicaid and grant conditions, while the regulation addresses broader aspects of group health insurance. There is a relation in healthcare, but no direct mandate or authorization.

Regulation: 45 CFR Part 144
Authorizing Statute: 42 U.S. Code § 300jj-14
Agency: Department of Health and Human Services
Restrictions: 25
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Secretary to adopt standards, implementation specifications, and certification criteria for health information technology through rulemaking. It outlines processes for review, adoption, and publication, providing specific regulatory tasks.

Relationship: related but neither directly mandated nor explicitly authorized
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42 U.S.C. § 300jj-14 concerns the adoption of standards, implementation specifications, and certification criteria for health information technology. 45 CFR Part 144 relates to requirements for health insurance coverage and qualified state long-term care insurance partnerships. While both address healthcare-related topics, the statute doesn’t directly mandate the specific regulations in the CFR part, nor does it explicitly authorize them. The CFR authority lists a range of 42 U.S.C. sections in the 300gg range, while the statute in question is 300jj.

Regulation: 45 CFR Part 144
Authorizing Statute: 42 U.S. Code § 300jj-17
Agency: Department of Health and Human Services
Restrictions: 25
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the National Coordinator to support the development and updating of qualified electronic health record technology. It also provides direction on certification and authorization to charge nominal fees, taking into account financial circumstances of different provider types. The statute provides a specific regulatory task and details to guide the agency.

Relationship: unrelated
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42 U.S.C. § 300jj-17 concerns the development and availability of qualified electronic health record technology and is implemented by the National Coordinator. 45 CFR Part 144, on the other hand, pertains to requirements relating to health insurance coverage, specifically focusing on qualified state long-term care insurance partnerships and reporting requirements. The two are unrelated in topic and agency authority.

Regulation: 45 CFR Part 144
Authorizing Statute: 42 U.S. Code § 300jj-19
Agency: Department of Health and Human Services
Restrictions: 25
Delegation Category: Specific Authority checkmark icon

While 42 U.S.C. § 300jj-19 uses terms like “appropriate” and gives the Secretary flexibility, it instructs the agency on the specific regulatory task of promoting patient access to electronic health information, clarifying provider misunderstandings, and ensuring health information exchanges adhere to best practices for privacy, security, accuracy, and verifiable information. Even the ‘flexibility’ provision gives specific authority to omit certain entities.

Relationship: authorized but not mandated
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The statute authorizes the Secretary to take certain actions related to health information technology and patient access, such as issuing guidance and promoting policies, but does not mandate specific regulations. Subsection (b) allows for flexibility in defining “health care provider.” Subsection (e)(2) “may require” the national coordinator to support patient access. These are authorized but not mandated actions.

Regulation: 45 CFR Part 144
Authorizing Statute: 42 U.S. Code § 300h-4
Agency: Department of Health and Human Services
Restrictions: 25
Delegation Category: Specific Authority checkmark icon

Subsection (c)(2) states, “If pursuant to such a demonstration, the Administrator approves such portion of the State program, the State shall have primary enforcement responsibility with respect to that portion until such time as the Administrator determines, by rule, that such demonstration is no longer valid.” This provides specific instruction for the Administrator to determine, by rule, the validity of a state demonstration, which falls into Specific Authority.

Relationship: related but neither directly mandated nor explicitly authorized
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42 U.S.C. § 300h-4 relates to state underground injection control programs and the Administrator’s approval/disapproval process. It doesn’t directly mandate or authorize 45 CFR Part 144, which concerns health insurance coverage requirements. However, both deal with aspects of state programs and federal oversight under Title 42 of the U.S. Code, so they are related but neither directly mandated nor explicitly authorized by each other.

Regulation: 45 CFR Part 144
Authorizing Statute: 42 U.S. Code § 300gg-6
Agency: Department of Health and Human Services
Restrictions: 25
Delegation Category: Specific Authority checkmark icon

The statute explicitly instructs agencies to ensure specific regulatory tasks. For example, it requires that health insurance coverage includes essential health benefits packages and imposes specific limitations on cost-sharing. While some discretion may exist in interpreting the details of these packages and limitations, the regulatory task itself is quite specific and directly mandated by the statute.

Relationship: directly mandated
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The statute (42 U.S. Code § 300gg-6) directly mandates health insurance issuers to ensure coverage for essential health benefits and adhere to cost-sharing limitations, and offer child-only plans under certain conditions. The regulation (45 CFR Part 144) implements these requirements.

Regulation: 45 CFR Part 144
Authorizing Statute: 42 U.S. Code § 300jj-12
Agency: Department of Health and Human Services
Restrictions: 25
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the HIT Advisory Committee to recommend policies, standards, implementation specifications, and certification criteria to the National Coordinator for adoption under section 300jj-14. This outlines a clear, specific task within the broader goal of health information technology infrastructure development. The statue gives the Committee priority target areas and provides a framework for identifying additional areas.

Relationship: authorized but not mandated
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The statute establishes the HIT Advisory Committee and outlines its duties to recommend policies and standards to the National Coordinator and the Secretary for adoption. While the statute mandates the establishment of the committee and specifies its duties, it doesn’t directly mandate specific regulations. Instead, it authorizes the committee to make recommendations that may lead to the creation or amendment of regulations. The listed authority for 45 CFR Part 144, 42 U.S.C. 300gg et seq., does not include 42 U.S.C. 300jj-12. Given the regulatory scope “requirements relating to health insurance coverage” for 45 CFR Part 144 is seemingly disconnected, but broadly, HIT could influence or relate to health insurance.

Regulation: 45 CFR Part 144
Authorizing Statute: 42 U.S. Code § 300hh-11
Agency: Department of Health and Human Services
Restrictions: 25
Delegation Category: Specific Authority checkmark icon

The statute provides specific directions to the Secretary, including the establishment and operation of the National Disaster Medical System, designation of the Assistant Secretary, activation criteria, workforce assessments, and modifications of policies. Although open-ended terms like “necessary” and “appropriate” are used, they are consistently tied to the specific task of establishing and maintaining the National Disaster Medical System.

Relationship: unrelated
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42 U.S.C. § 300hh-11 pertains to the National Disaster Medical System and authorities granted to the Secretary of Health and Human Services in relation to disaster preparedness and response. 45 CFR Part 144 addresses requirements relating to health insurance coverage, specifically focusing on general provisions and qualified state long-term care insurance partnerships. The subject matter of the Statute and Regulation are unrelated.

Regulation: 45 CFR Part 144
Authorizing Statute: 42 U.S. Code § 300aa-25
Agency: Department of Health and Human Services
Restrictions: 25
Delegation Category: Specific Authority checkmark icon

While the statute does establish specific requirements for recording and reporting, subsection (b)(1)(C) also gives the Secretary authority to require reporting of “such other matters as the Secretary may by regulation require.” This delegation uses the open-ended term “other matters,” fitting within the Specific Authority Delegation category as it provides instructions for a specific regulatory task while using a term like “other.”

Relationship: authorized but not mandated
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Subsection (a)(4) and (b)(1)(C) of the statute explicitly authorize the Secretary to promulgate regulations pertaining to “any other identifying information on the vaccine” and “such other matters” respectively. This indicates that regulations are authorized but not mandated for these specific aspects of recording and reporting.

Regulation: 45 CFR Part 144
Authorizing Statute: 42 U.S. Code § 300z-7
Agency: Department of Health and Human Services
Restrictions: 25
Delegation Category: Specific Authority checkmark icon

42 U.S.C. § 300z-7(c)(1) specifically instructs the Secretary regarding the content of application forms. While the Secretary has discretion regarding what specific information to require, the task itself is clearly delineated by the statute. This fits Hickman’s definition of a Specific Authority Delegation because the statute focuses the agency on a specific task, even with the use of an open-ended term like “require.”

Relationship: authorized but not mandated
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42 U.S.C. § 300z-7(c)(1) authorizes the Secretary to require, by regulation, the form and information contained in applications for grants and contracts. This means the statute authorizes but does not mandate rulemaking.

Found 56,371 results