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Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300mm-51
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the WTC Program Administrator to conduct research on particular health conditions related to the September 11th terrorist attacks. It identifies specific research areas (physical/mental health conditions, diagnosis, and treatment) and populations to be studied. Although the statute uses open-ended terms like “sufficient size,” the delegation is specific in its focus and direction.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute directs the WTC Program Administrator to conduct research, while the regulation concerns health insurance market reform requirements. While both address health-related issues and could potentially affect the same individuals, the statute does not directly mandate or explicitly authorize the specific regulations in 45 CFR Part 147. The statute concerns research into health conditions, whereas the regulation concerns the structure and rules regarding health insurance policies.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300d-13
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Secretary to update the model plan for trauma care designation and triage, transfer, and transportation policies. It also sets forth specific requirements for this plan, including taking into account national standards and consulting with various medical groups.

Relationship: authorized but not mandated
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The statute authorizes the Secretary to update a model plan and requires states, to receive payments, to adopt standards for trauma care, but does not mandate specific regulations beyond those guidelines.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300ee-11
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute specifically directs the Secretary to establish a program for allotments to states, defining the purpose of the grants and referencing other sections to determine the amount of the allotment and the application process. This constitutes a clearly instructed regulatory task even if some open-ended terms are implicitly involved (e.g., what constitutes an approvable application).

Relationship: directly mandated
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The statute uses the word “shall” indicating a direct mandate to the Secretary to make allotments to states under specific conditions outlined in the referenced sections.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300h-3
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute provides specific instructions regarding the criteria for designating areas, the permit application process, the necessary findings before issuing a permit, and the conditions that can be imposed on permits. These specifics, although using somewhat open-ended language such as “significant hazard,” direct the agency to fill a gap in the regulation of underground injections in certain circumstances.

Relationship: authorized but not mandated
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42 U.S. Code § 300h-3 authorizes the Administrator to issue permits for new underground injection wells and to designate areas with a single aquifer. While the statute sets forth the process for petitioning, publishing notices, holding hearings, and sets criteria for issuing permits, it does not mandate the promulgation of regulations dictating how the Administrator should determine what constitutes a “significant hazard to public health” nor does it explicitly state the way a petition should be submitted aside from “such manner and contain such information as the Administrator may require by regulation.” Thus, the regulation is authorized, but not directly mandated.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300jj-36
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Secretary to provide assistance to institutions for establishing or expanding medical health informatics education programs. It even provides examples of activities for which assistance may be provided. While it uses terms like “shall provide assistance,” it also gives considerable detail regarding the regulatory task.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute concerns the provision of assistance for health informatics education, while the regulation addresses health insurance reform requirements. Although both fall under the broader umbrella of healthcare, the statute does not directly mandate the regulation, nor is the regulation explicitly authorized by this particular statute. They are related because improvements to health informatics can, in theory, improve various aspects of healthcare regulated under 45 CFR Part 147.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300jj-37
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute provides specific instructions to the Secretary regarding reports and to the National Coordinator regarding evaluating activities and incorporating lessons learned into grant awards. While terms like “effectiveness,” “impact,” “quality,” and “efficiency” are open-ended, they still fall under Specific Authority Delegations as defined by Hickman.

Relationship: authorized but not mandated
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The statute authorizes the Secretary and the National Coordinator to take certain actions related to grant and loan provisions, but it doesn’t mandate specific regulations. For example, the Secretary “may” require reports, and the National Coordinator “shall” evaluate activities and implement lessons learned, suggesting authorization rather than direct mandates to create specific rules.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300ff-71
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

This statute specifically instructs the Secretary, acting through the Health Resources and Services Administration, to award grants for a specific purpose: providing family-centered care to women, infants, children, and youth with HIV/AIDS. It also details application requirements, coordination expectations, review processes, and limitations on administrative expenses. This level of specificity qualifies as a Specific Authority Delegation because it directs the agency to carry out a clearly defined task with instructions, even though it uses terms like “necessary” and “appropriate” which allow for agency discretion within the given framework.

Relationship: related but neither directly mandated nor explicitly authorized
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42 U.S.C. § 300ff-71 relates to grants for coordinated services for women, infants, children, and youth with HIV/AIDS. 45 CFR Part 147 addresses health insurance reform requirements. While both relate to healthcare, the statute isn’t directly mandating the specific regulations within 45 CFR Part 147, nor explicitly authorizing that specific set of regulations. The statute focuses on grants and services, while the regulation concerns insurance market reforms broadly.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300ff-63
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Secretary on how to condition grants related to HIV/AIDS testing, by referencing the conditions outlined in sections 300ff-61 and 300ff-62. This level of detail, though using the permissive “may not make a grant unless,” guides the agency on a specific regulatory task.

Relationship: directly mandated
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The statute (42 U.S. Code § 300ff-63) directly mandates that the Secretary only make a grant if the applicant agrees to conduct HIV/AIDS testing in accordance with sections 300ff-61 and 300ff-62 of the same title. The regulation (45 CFR Part 147) is authorized under 42 U.S.C. 300gg through 300gg-63, which directly relates to 300ff-63 and lays out health insurance reform requirements, which in turn govern grants related to HIV/AIDS testing under the conditions established in the statute.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300x-6
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

While seemingly broad, the statute specifically instructs the Secretary on how to process grant applications, what information is necessary, and what assurances are required. This falls under the “Specific Authority” category because it outlines a specific regulatory task and grants the Secretary power to determine the details of how that task is fulfilled using the term “necessary”.

Relationship: directly mandated
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The statute directly mandates the content, form, manner, agreements, assurances, and information the Secretary determines necessary for grant applications under section 300x.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300jj-34
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

Subsection (g)(3) of the statute specifically instructs the National Coordinator to publish guidance and promulgate regulations necessary to carry out the provisions of the section. This is a specific directive linked to the implementation of the loan program, even if the terms are open-ended.

Relationship: authorized but not mandated
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The statute authorizes the National Coordinator to award competitive grants, implying the possibility of regulation to administer the grant program, but it does not mandate any specific regulation beyond the need to carry out the grant process effectively, efficiently, and to prevent waste, fraud, and abuse.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300ee-12
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

While the statute does not explicitly command an agency to make regulations, it does provide very specific guidance as to what the states can spend grant money on to address a public health issue (AIDS). Specifically section 9 “to carry out the initial implementation of recommendations contained in the guidelines and the model curriculum developed under section 300ee-2 of this title” could be construed as specific authority, though given to the states rather than an agency.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute discusses how states may spend federal grants related to AIDS prevention. The regulation addresses health insurance reform requirements. While both generally relate to healthcare, the statute doesn’t directly mandate or explicitly authorize the specific regulations in 45 CFR Part 147.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300c-14
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Secretary of Health and Human Services to submit a report to Congress on sudden unexpected infant and childhood deaths, including specific information to be contained in the report. This is a clear directive for a specific regulatory task.

Relationship: related but neither directly mandated nor explicitly authorized
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While the statute and the regulation both pertain to health and involve the Department of Health and Human Services, the statute mandates a report on specific deaths, whereas the regulation addresses health insurance market rules. The statute doesn’t directly mandate or explicitly authorize the specific regulations listed, but it’s related to the broader topic of healthcare.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300jj-19
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

While some sections grant flexibility, the statute provides clear directives to the Secretary and the National Coordinator regarding promoting patient access to electronic health information. It instructs on specific tasks, such as issuing guidance on best practices for health information exchanges, promoting policies for electronic health information accessibility, and potentially requiring certification criteria to support patient access. The statute contains specific regulatory tasks and objectives to be achieved by the agency.

Relationship: authorized but not mandated
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While the statute doesn’t explicitly mandate specific regulations based on 42 U.S. Code § 300jj-19, it does authorize the Secretary to take certain actions (e.g., issue guidance, promote policies, require certification criteria) to achieve specific goals related to health information technology and patient access. It provides flexibility and direction to the Secretary, falling under “authorized but not mandated.”

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300d-5
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

While the language “may make grants” suggests some discretion, the statute provides specific details on how the funds should be used (subsection b), the preferences the Secretary should give (subsection c), the priority the Secretary should give (subsection d) and special considerations (subsection e) to be made. These details constitute specific instructions on how to implement the grant program, pointing towards a specific authority delegation.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute authorizes grants for improving trauma care systems. The regulation, 45 CFR Part 147, concerns health insurance reform requirements. While both relate to healthcare, the statute doesn’t directly mandate or explicitly authorize the specific health insurance reforms outlined in the regulation. The statute provides the general goal of improving trauma care, while the regulation deals with broader health insurance market rules.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300ff-140
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: General Authority sword icon

While the statute instructs the Secretary to determine substantial consistency, the statute provides broad discretion. The Secretary has the flexibility to interpret and clarify what constitutes “substantially consistent” through rulemaking, making this a broad delegation of authority related to the implementation of the statute.

Relationship: authorized but not mandated
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The statute authorizes the Secretary to determine whether a state’s law is “substantially consistent” with the part of the U.S. Code. While the statute doesn’t directly mandate the Secretary to issue regulations, it implicitly authorizes the Secretary to define the criteria for “substantial consistency” through regulations, if deemed necessary for the effective implementation of the statute. The regulation (45 CFR Part 147) appears to implement broader health insurance reform requirements authorized by other statutes. The listed “Authority” section of the regulation does not include 42 U.S.C. § 300ff-140, but includes other sections that allow the secretary to make further rules. Therefore, the relationship is authorized, but not mandated.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300s-5
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Secretary to provide technical and nonfinancial assistance to eligible applicants to develop applications under other sections of the US Code (300s-1 or 300t-12). This is a clearly defined regulatory task, even if “necessary technical and other nonfinancial assistance” contains some open-endedness, it’s still focused on a specific goal.

Relationship: authorized but not mandated
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The statute directs the Secretary to provide technical assistance, which implies authority to establish regulations to govern the provision of that assistance. While the statute mandates the provision of assistance, the specifics of how that assistance is provided are not directly dictated, giving the agency some discretion.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300cc-3
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute provides specific instructions by requiring the Secretary to establish a committee with defined duties, including advising on research activities and conducting studies related to AIDS treatment. While the statute uses terms like “appropriate research activities”, it is clearly instructing the agency (the Secretary, acting through the Director of the National Institute of Allergy and Infectious Diseases) on a specific regulatory task and in a specific gap – AIDS clinical treatment.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute establishes an advisory committee within the National Institute of Allergy and Infectious Diseases to advise on AIDS research. While the regulations (45 CFR Part 147) concern health insurance reform, including coverage of preventive services, essential health benefits, and transparency in coverage, the statute doesn’t directly mandate or explicitly authorize these specific insurance regulations. The relationship is related because both the statute and regulation are concerned with healthcare, but one concerns research and the other concerns insurance coverage and access.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300d-82
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: General Authority sword icon

The statute authorizing appropriations to carry out “this part” provides broad authority. While it earmarks funds, it doesn’t specify which regulatory tasks or gaps should be addressed using those funds. The regulations at 45 CFR Part 147 are authorized by other sections of the USC, but not specifically directed by this statute.

Relationship: authorized but not mandated
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The statute authorizes appropriations “for the purpose of carrying out this part.” This means the statute authorizes funding for activities that may be governed by regulations (like those in 45 CFR Part 147), but it doesn’t mandate any specific regulation. The regulations help to define how that part is carried out, for which the appropriations are authorized.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300x-54
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute provides a clear directive to the Secretary regarding the specific task of how to allocate unspent or recouped funds. While the statute utilizes terms like “in a manner equivalent,” this does not detract from the specificity of the task, rather, it provides guidance.

Relationship: directly mandated
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The statute directly mandates the Secretary to allot funds as described in subsection (b) and available under sections 300x or 300x-21 to states receiving grants, specifying the method for allotment.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300gg-61
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute provides the Secretary specific authority related to enforcement, by referring to enforcement authority the Secretary has under other sections of the code, and specifying the individual market.

Relationship: directly mandated
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The statute explicitly states the Secretary “shall enforce the requirements of this part,” in cases where a state fails to substantially do so. This directly mandates Secretarial action based on a specific condition.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300d-72
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Secretary to carry out a national media campaign to educate the public and health care providers about poisoning and toxic exposure prevention and the availability of poison control center resources. It even provides specific examples of what this campaign may include, such as developing and distributing awareness materials and public service announcements. This level of detail indicates a specific regulatory task identified by Congress.

Relationship: authorized but not mandated
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The statute authorizes the Secretary to carry out a national media campaign. While it directs the Secretary to “carry out” this campaign, subsection (b) states the Secretary “may” carry out subsection (a) through contracts, suggesting the mechanism of implementation is authorized, but not mandated.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300aa-11
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

42 U.S. Code § 300aa-11 specifically delegates authority to the Secretary to receive and process petitions for compensation under the vaccine injury program. This is a specific regulatory task outlined in the statute.

Relationship: authorized but not mandated
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The statute outlines a process for initiating claims related to vaccine injuries, and the listed regulation (45 CFR Part 147) pertains to health insurance reform, which could be used to make regulations about health insurance coverage of vaccines. However, it doesn’t directly mandate any specific regulation; it authorizes the secretary to take any reasonable action.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300e-11
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute directs the Secretary to determine deficiencies in HMOs and prescribes actions, including notification and potentially civil action, to address those deficiencies. While some discretion is involved in determining the timeframe for corrective action, the statute clearly instructs the agency on a specific regulatory task.

Relationship: authorized but not mandated
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The statute authorizes the Secretary to take specific actions related to HMO regulation if certain deficiencies are found. The statute doesn’t mandate specific regulations but authorizes the Secretary to prescribe actions necessary to bring entities into compliance.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300gg-139
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute specifically directs the Secretary to determine the interest rate for reimbursements to enrollees in subsection (b). Moreover, subsection (a)(4) allows the Secretary to determine when providers should submit provider directory information. These are specific regulatory tasks assigned to the agency.

Relationship: directly mandated
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42 U.S.C. 300gg-139 is explicitly listed under the “Authority” section of 45 CFR Part 147, meaning the regulation is directly mandated by the statute.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300gg-28
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute provides specific instructions regarding the coverage of dependent students on medically necessary leave of absence, including defining the term “medically necessary leave of absence,” setting requirements for continued coverage, and outlining notice requirements. It directly instructs agencies to implement and enforce these specific provisions.

Relationship: directly mandated
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42 U.S.C. 300gg-28 is explicitly listed under the “Authorities (CFR)” section for 45 CFR Parts 144, 147, 148, and 150. This direct citation indicates that the regulation is directly mandated by the statute.

Found 56,371 results