Skip to Main Content
Pacific Legal Foundation logo
Back to Top

Database Search Results

Found 56,371 results
Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300mm-33
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute directs the WTC Program Administrator to provide follow-up monitoring and treatment for specific individuals with WTC-related health conditions, delineating eligibility criteria and budgetary limitations. This qualifies as a Specific Authority delegation because it instructs the agency on a specific regulatory task (providing healthcare) with clear parameters, including the population to be served and funding constraints.

Relationship: authorized but not mandated
Beta

42 U.S.C. § 300mm-33 pertains to the World Trade Center Health Program. While the statute establishes specific requirements related to monitoring and treatment of WTC-related health conditions, the linked CFR regulation, 45 CFR Part 147, addresses broader health insurance reform requirements. The statute authorizes the agency (HHS) to implement programs related to WTC health issues, but the specific regulations in Part 147 are not directly mandated by this particular statute; they are implemented under broader authorities, some of which overlap.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300j-26
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute provides a clear instruction to the EPA Administrator to assure the reliability and accuracy of testing laboratories that test drinking water supplies for lead contamination. It identifies a specific regulatory task and uses terms like “assure reliable accurate testing,” indicating a specific authority delegation.

Relationship: unrelated
Beta

The statute concerns the certification of testing laboratories for lead contamination in drinking water supplies. The regulation concerns health insurance market reforms. There is no apparent connection between the two.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300gg-94
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute provides specific instructions to the Secretary on establishing a review process for unreasonable premium increases and defines the requirements for justification and disclosure, even using terms like “unreasonable,” which necessitates further agency interpretation, but within a specified regulatory task.

Relationship: directly mandated
Beta

42 U.S.C. 300gg-94 directly mandates the Secretary to establish a process for annual review of unreasonable premium increases, requiring health insurance issuers to submit justifications and ensure public disclosure of related information. This directly ties the statute to the regulations concerning health insurance reform requirements.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300gg-1
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute specifically directs the Secretary to promulgate regulations regarding enrollment periods, a defined regulatory task directly related to the guaranteed availability of coverage. The instructions are focused on this specific area.

Relationship: directly mandated
Beta

Subsection (b)(3) explicitly states “The Secretary shall promulgate regulations with respect to enrollment periods under paragraphs (1) and (2).” This is a direct mandate to create regulations.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300j-18a
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute specifically directs the EPA Administrator to conduct a study and submit a report to Congress, detailing what the report must include. This is a clearly defined task, falling under the “Specific Authority” category.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute mandates a study and report on boil water advisories. While Part 147 includes rules regarding health insurance and preventive services, it does not directly address or implement regulations related to boil water advisories. Therefore, the statute and regulation are related in the broad sense of public health but neither directly mandated nor explicitly authorized.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300hh-35
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Secretary, through the CDC Director, to continue activities related to developing infectious disease outbreak analysis capabilities. It also specifies the kinds of activities and partnerships to pursue. This is a fairly defined regulatory task.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

42 U.S.C. § 300hh-35 focuses on developing infectious disease outbreak analysis capabilities, while 45 CFR Part 147 primarily concerns health insurance market regulations. While both relate to public health, the statute does not directly mandate or explicitly authorize the specific regulations in 45 CFR Part 147, but there could be some downstream effect of improved outbreak analysis on health insurance markets.

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

While the statute lays out specific requirements for guaranteed renewability, it also implicitly delegates authority to the agency to define the scope and specifics of enforcement. The statute provides broad direction concerning health insurance reform, granting substantial discretion to the agency in implementing the legislation’s goals.

Relationship: directly mandated
Beta

42 U.S.C. 300gg-42 is explicitly listed as an authority for 45 CFR Part 147 in the CFR’s authority section. This indicates a direct mandate relationship, where the statute provides the legal basis for the regulation.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300c-21
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: General Authority sword icon

The authority citation for 45 CFR Part 147 points to a broad range of sections within Title 42 of the U.S. Code (300gg through 300gg-63, 300gg-91, 300gg-92, and 300gg-111 through 300gg-139), as well as section 3203, Pub. L. 116-136. These sections cover a wide variety of health insurance reform mandates, indicating a general grant of authority to regulate in the health insurance market rather than specific directives tied to particular regulatory tasks. Even though the listed sections address aspects like fair premiums, guaranteed availability, and essential benefits, the breadth and generality of the enabling legislation makes it a “General Authority” delegation under Hickman’s framework.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

42 U.S. Code § 300c-21 concerned comprehensive hemophilia diagnostic and treatment centers, but it has been repealed. While 45 CFR Part 147 addresses health insurance reform requirements, it doesn’t specifically concern hemophilia treatment centers or reference the repealed statute. The regulation concerns broader health insurance market regulations. Therefore, they are related (both pertain to healthcare) but neither directly mandated nor explicitly authorized.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300b-4
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Secretary to establish a program providing particular services (testing, diagnosis, counseling, and treatment) for a defined area (genetic diseases). The use of “appropriate publicity” is an example of open-ended terms like “appropriate.”

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute directs the Secretary to establish a program for voluntary testing, diagnosis, counseling, and treatment of genetic diseases. While this relates to health insurance (as addressed in the regulation), it does not directly mandate or explicitly authorize the specific health insurance reform requirements outlined in 45 CFR Part 147. The regulation addresses broad health insurance market reforms, going beyond the specific program for genetic diseases established by the statute.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300j-4
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute provides specific instructions to the Administrator regarding monitoring programs, data collection, and the establishment of criteria for these activities. Although open-ended terms like “reasonably require” are used, the regulatory tasks are clearly identified. For example, 42 U.S. Code § 300j-4(a)(2)(A) mandates that “The Administrator shall promulgate regulations establishing the criteria for a monitoring program for unregulated contaminants.”

Relationship: directly mandated
Beta

42 U.S. Code § 300j-4(a)(1)(A) states that individuals subject to the subchapter must “establish and maintain such records, make such reports, conduct such monitoring, and provide such information as the Administrator may reasonably require by regulation to assist the Administrator in establishing regulations under this subchapter.” This demonstrates that the statute directly mandates the regulation.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300x-53
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

While the statute doesn’t detail every possible regulation, it specifically instructs the Secretary to require states to provide data, cooperate in developing uniform data collection criteria (referencing another specific statutory section – 290aa-4), ensure patient record protection, and permit federal investigations. These are specific regulatory tasks, even if the statute uses terms that allow for some agency discretion.

Relationship: authorized but not mandated
Beta

The statute outlines specific requirements for states receiving grant funding under sections 300x or 300x-21. While it mandates certain actions by the states as a condition of receiving grants, it does not directly mandate the specific regulations found within 45 CFR Part 147. The statute authorizes the Secretary to make grants only if certain conditions are met (e.g., protection of patient records), implying an authorization for related regulations, but it does not explicitly mandate the creation of Part 147.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300e-17
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

While the statute uses the phrase “as the Secretary may require,” it does so within the context of specific information categories Congress mandates be collected, related to the fiscal soundness of the HMO and transactions with parties of interest. This constitutes a specific delegation of authority related to the details of reporting.

Relationship: directly mandated
Beta

The statute states that health maintenance organizations “shall, in accordance with regulations of the Secretary, report…” certain financial information. This is a direct mandate to the Secretary to create regulations implementing the reporting requirements.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300aa-31
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: General Authority sword icon

While the statute empowers citizens to sue the Secretary for failing to perform a duty “under this part,” it does not specify what those duties are. The part itself (Title XXI) likely contains other provisions that grant the Secretary rulemaking authority; this section simply provides a mechanism for citizen enforcement of those duties. The “this part” language doesn’t mandate specific regulatory actions but rather provides a broad avenue for enforcement of whatever duties are established elsewhere.

Relationship: authorized but not mandated
Beta

The statute authorizes citizens to bring suit against the Secretary for failure to perform a duty under Part 21, implying a delegation of authority to the Secretary to take actions which can then be subject to citizen enforcement. The statute doesn’t explicitly mandate specific regulations, but authorizes actions whose failures trigger legal action.

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

While the statute provides specific instructions on establishing and operating the National Disaster Medical System, it delegates broad authority to the Secretary to modify policies, establish criteria, and take steps to ensure specialized capabilities within the system. There are no clearly defined regulatory tasks as such, just broader goals with discretion on how to achieve those goals.

Relationship: authorized but not mandated
Beta

The statute authorizes the Secretary to operate the National Disaster Medical System and to establish criteria regarding the participation of States and private entities, but it does not explicitly mandate specific regulations found in 45 CFR Part 147. The statute outlines the general framework and leaves the specifics to the Secretary’s discretion.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300ff-65
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: General Authority sword icon

While the statute lists certain requirements for applications and assurances, subsection (3) provides the Secretary with broad discretion to determine what agreements, assurances, and information are “necessary to carry out this part.” This gives the Secretary broad rulemaking authority and flexibility to establish regulations related to grant applications, even if specific tasks aren’t explicitly identified within 42 U.S. Code § 300ff-65. Therefore, I categorize this as a general authority delegation because it provides the Secretary with a significant amount of discretion to determine the specifics of implementation.

Relationship: authorized but not mandated
Beta

The statute states that the Secretary “may not make a grant” unless certain conditions are met, and also allows the Secretary to determine what information is necessary. This indicates that the statute authorizes the Secretary to set standards for grant applications and assurances, but does not mandate specific regulations beyond the requirements listed in 300ff-65(1)-(3). The Secretary has discretion in implementing these standards.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300ff-133
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute provides specific instructions to designated officers, medical facilities, and public health officers. It details the steps to be taken when an emergency response employee believes they have been exposed to an infectious disease. The procedures for requesting, evaluating, and responding to exposure notifications are laid out in detail. The statute is not broad, as it pertains to a specific regulatory task: the notification process for potential infectious disease exposure for emergency response employees.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

While the statute concerns health-related issues (infectious disease exposure notification) and the regulation addresses health insurance reform, the statute doesn’t directly mandate the specific rules in 45 CFR Part 147, nor does that regulation explicitly authorize the agency’s actions related to the statute. However, both are related to healthcare and public health. The statute helps protect emergency personnel by determining infectious disease exposure. 45 CFR 147 concerns health insurance accessibility, affordability, and quality standards. The underlying theme connects but isn’t an express mandate or authorization.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300ff-55
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: General Authority sword icon

The statute primarily authorizes appropriations. While it references the grant program in section 300ff-51, it doesn’t specify how the agency should regulate or administer that program. It’s a general delegation of funding for an existing program, not a specific instruction to regulate any particular gap or area.

Relationship: authorized but not mandated
Beta

The statute authorizes appropriations for grants under section 300ff-51. While the grants themselves may require regulations for implementation, the appropriation authorization does not directly mandate any specific regulation. The agency is authorized to use the funds for the stated purpose, but is not required to promulgate any particular regulations as a direct result of this section.

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

The statute specifically tasks the Surgeon General with determining the effectiveness of demonstration needle exchange programs in reducing drug abuse and the risk of AIDS transmission. This is a clear instruction on a specific regulatory task, making it a specific authority delegation, even though the determination involves judgment.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute addresses the use of federal funds for needle exchange programs under specific conditions related to drug abuse and AIDS prevention. While 45 CFR Part 147 deals with health insurance reform requirements, some aspects of preventive health services mentioned in the regulation could be related to public health concerns like those addressed by the statute. However, the statute doesn’t directly mandate or explicitly authorize the regulation; the connection is indirect through overlapping concerns regarding public health and preventive care.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300d-91
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute provides specific instructions on awarding grants to eligible trauma centers for the purpose of integrating military trauma care providers. It includes limitations on the grants’ duration and amount, detailed definitions of eligible centers and providers, and reporting requirements, all indicating a specific regulatory task.

Relationship: directly mandated
Beta

42 U.S.C. 300d-91 is explicitly listed as an authority for 45 CFR Part 147, signifying a direct mandate.

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

While 42 U.S.C. § 300x-34 itself does not delegate authority, it operates within a larger statutory framework. The regulation, 45 CFR Part 147, cites 42 U.S.C. 300gg et seq. as its authority. These sections provide broad rulemaking authority related to health insurance reform requirements, which falls under the “General Authority” delegation category because it provides the agency with general powers to create regulations without specific regulatory tasks being precisely identified in the statute itself, even though the statute relates to health insurance in general.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

42 U.S.C. § 300x-34 defines terms related to substance use disorder prevention and treatment activities, some of which might be relevant to health insurance coverage as addressed in 45 CFR Part 147, particularly § 147.160 (Parity in mental health and substance use disorder benefits). However, the statute doesn’t directly mandate or explicitly authorize specific regulations in 45 CFR Part 147. The connection is based on the subject matter, not a direct instruction or authorization.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300x-26
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

Subsection (c)(2) of the statute specifically directs the Secretary to update regulations under part 96 of title 45, Code of Federal Regulations, or guidance on the retailer compliance rate goal and other related issues. This falls under Specific Authority because it instructs the agency on a specific regulatory task.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute and regulation are related in that they both pertain to health and preventive services. The statute deals with the sale of tobacco to minors and the state’s role in enforcing this. The regulation covers health insurance reform, including coverage of preventive services. However, the statute does not directly mandate the creation of the regulation, nor does it explicitly authorize the specific rules laid out in 45 CFR Part 147.

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

The statute in question (42 U.S.C. § 300a-6a) is repealed. Therefore, it’s impossible to analyze the text of the statute for its delegation category. However, the regulations (45 CFR Part 147) are enacted under the authority of several sections in 42 U.S.C. 300gg. Given the breadth of the regulatory topic (health insurance reform requirements) and the broad citation of authority (300gg through 300gg-63, 300gg-91, 300gg-92, and 300gg-111 through 300gg-139), the delegation would be considered a General Authority delegation because it covers a very broad range of health insurance-related issues without specific direction.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

While 42 U.S.C. § 300a-6a, before its repeal, concerned family planning services and plans, and 45 CFR Part 147 deals with health insurance reform requirements, they are related in the broader context of healthcare. However, the statute did not directly mandate or explicitly authorize the specific regulations in 45 CFR Part 147. The regulations are focused on health insurance market reforms, while the statute (before repeal) was focused on reporting on family planning services.

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

The statute provides specific instructions to the agency regarding the application of existing rules (Section 2704) to a new market (individual health insurance) and mandates a specific notice requirement, directing the agency on how to regulate in this area.

Relationship: directly mandated
Beta

The statute directly mandates how health insurance issuers in the individual market must apply certain provisions related to benefits for mothers and newborns, mirroring the requirements for group health plans. Furthermore, it directly mandates compliance with a specific notice requirement. The CFR lists 42 U.S.C. 300gg through 300gg-63 as authority. This section 42 U.S.C. § 300gg-51 falls within that range.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300i-4
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Administrator to review methods and means to prevent disruption of the water supply, including detailed areas of focus like pipes, treatment facilities, and information systems. It also directs the Administrator to disseminate information. The authority is specific to water safety, prevention of terrorism, and information sharing related to water systems.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute addresses the safety and security of drinking water, while the regulation focuses on health insurance market reforms. While both relate to public health and well-being, the statute does not directly mandate or explicitly authorize the specific insurance-related regulations.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300w-1
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

42 U.S.C. § 300w-1(d)(4) states, “In order for an Indian tribe or tribal organization to be eligible for a grant for a fiscal year under this subsection, it shall submit to the Secretary a plan for such fiscal year which meets such criteria as the Secretary may prescribe.” This sentence gives the Secretary specific authority to “prescribe” criteria for the plan, indicating a clearly instructed, even if open-ended, regulatory task. The “criteria” aspect grants the Secretary the authority to create regulations for the plans.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

While 42 U.S.C. § 300w-1 concerns allotments to states and Indian tribes for public health services, and 45 CFR Part 147 deals with health insurance reform requirements, they are related in the broader context of healthcare access and funding. However, the statute does not directly mandate the specific insurance reforms detailed in the regulation, nor does it explicitly authorize such reforms. The statute concerns the distribution of funds for public health, whereas the regulation concerns the rules for health insurance.

Found 56,371 results