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Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300gg-52
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute doesn’t just delegate general rulemaking power; it points to a specific regulatory task, the application of the provisions of Section 2706 to a new market (individual health insurance). Though it uses broad language (applying “in the same manner”), it still directs the agency to apply a specific set of regulations.

Relationship: directly mandated
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The statute 42 U.S.C. § 300gg-52 directly mandates that the provisions of section 2706 apply to individual health insurance markets in the same manner as group markets. This means any regulations implementing section 2706 (or its successors) are directly applicable to the individual market as well.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300g-8
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute, 42 U.S.C. § 300g-8, specifically instructs the Administrator to publish guidelines for minimum standards for certification of water system operators. It also details factors to consider in those guidelines (existing state programs, complexity of systems, cost). This level of specificity places it within the Specific Authority delegation category, even though terms like “minimum standards” and “reasonable cost” are open-ended.

Relationship: unrelated
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42 U.S.C. § 300g-8 pertains to the certification of operators of public water systems, whereas 45 CFR Part 147 concerns health insurance reform requirements. These topics are distinct and regulated by different agencies.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300ee-32
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute directs the Secretary to undertake specific actions related to AIDS awareness through grants and contracts. The statutory language clearly defines the regulatory task: developing and delivering public service announcements and paid advertising messages to warn about AIDS risks. While the language uses terms like “necessary” to determine application form, manner, agreements, assurance, and information, it still falls under the “Specific Authority” umbrella as it gives a specific task to regulate.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute authorizes the Secretary to make grants and enter into contracts for public information campaigns about AIDS. While 45 CFR Part 147 concerns health insurance reform, it doesn’t specifically implement or directly relate to the grant-making authority for public information campaigns on AIDS, but both generally operate in the realm of public health and healthcare access. There isn’t a direct mandate to create any particular regulations stemming from the statute, nor is there an explicit authorization to regulate grants under the provisions of 45 CFR 147.

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

The statute specifically instructs states to establish and maintain a mental health planning council with defined duties and membership requirements as a condition for receiving federal grants. This falls under the “Specific Authority Delegations” category, as it provides clear instructions on a specific regulatory task.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute establishes a State mental health planning council as a condition for receiving grants, and outlines its duties and membership. While it relates to mental health services and potentially to health insurance (as mental health coverage is often included), it doesn’t directly mandate or explicitly authorize the specific regulations related to health insurance reform found in 45 CFR Part 147. The statute is about state mental health planning, while the regulation is about federal requirements on health insurance.

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

The statute gives the Secretary specific instructions on how to prioritize the distribution of grant money. For example, subsection (a) dictates how the Secretary “shall establish an award basis,” and subsection (b) explicitly requires the Secretary to “reserve 25 percent of the amount allocated for core mission awards for Level III and Level IV trauma centers.” These are not broad grants of discretion but rather directed tasks.

Relationship: directly mandated
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The statute, 42 U.S.C. § 300d-42, explicitly directs the Secretary to establish an award basis and preferences in awarding grants under section 300d-41. This is a direct mandate, as the statute uses “shall,” a term indicating obligation.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300x-59
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute directs the Secretary to develop specific plans with defined components (description of flexibility, common set of performance measures, definitions for data elements, obstacles to implementation, resources needed, and an implementation strategy). This provides a clear and specific task for the agency to undertake. While the agency has discretion in how they meet the requirements, the scope of the task and required elements are defined.

Relationship: authorized but not mandated
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The statute directs the Secretary to develop plans but does not explicitly mandate specific regulations to implement the plans. The statute allows for flexibility in how the Secretary approaches the development of plans and their implementation.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300d-33
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: General Authority sword icon

The statute listed in the ‘Authority’ section of 45 CFR Part 147 (specifically, 42 U.S.C. 300gg through 300gg-63, 300gg-91, 300gg-92, and 300gg-111 through 300gg-139) provides a broad grant of rulemaking authority to implement health insurance reforms, but does not specify detailed regulatory tasks. This falls into the “General Authority” delegation.

Relationship: authorized but not mandated
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42 U.S.C. § 300d-33 is repealed. This makes the regulation in 45 CFR Part 147 authorized but not mandated. The regulations in 45 CFR Part 147 operate based on the authorities listed, including the ones starting with 300gg, not the repealed 300d-33. So while it is “authorized”, nothing is mandating it.

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

The statute specifically instructs the Secretary of HHS to carry out a program to evaluate new and emerging technologies related to bioterrorism and public health emergencies. It provides a defined task with a specific goal (improving public health surveillance). It also outlines the steps the Secretary should take, such as surveying existing programs and consulting with relevant groups.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute directs the Secretary of HHS to evaluate new technologies related to bioterrorism and public health emergencies and to report on these activities. While the statute concerns public health and the HHS, like the regulation, the statute does not mandate or explicitly authorize the specific health insurance reforms addressed in 45 CFR Part 147. Therefore, they are related but neither directly mandated nor explicitly authorized.

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

42 U.S.C. § 300hh-3 gives the Director broad authority to advise the President, coordinate federal activities, and promote development of relevant expertise. While it identifies specific tasks for the Director, such as consulting with various stakeholders and overseeing coordination efforts related to medical countermeasures, it lacks specific instructions concerning the rulemaking authority related to the specific requirements of health insurance plans detailed in 45 CFR 147. The statute primarily establishes and defines the roles and functions of an office, rather than dictating specific regulatory outcomes regarding health insurance.

Relationship: related but neither directly mandated nor explicitly authorized
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While 42 U.S.C. § 300hh-3 concerns pandemic preparedness and response and the regulation 45 CFR Part 147 deals with health insurance reform requirements, there is no direct mandate or explicit authorization in the statute for the specific regulations in 45 CFR Part 147. Both are related to public health and healthcare, but the connection is indirect.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300ff-64
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute provides specific instructions on what information the applicant must submit to the Secretary, what agreements the applicant must make, and how the grant must be administered. While “appropriate,” “reasonable,” or “necessary” are not verbatim included, the detailed requirements fall under specific authority delegation.

Relationship: directly mandated
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The statute explicitly states what the Secretary “may not make a grant under this part unless” certain conditions are met, directly mandating agreements and reports.

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

The statute provides clear instructions on establishing and operating information services, a toll-free hotline, and data banks related to AIDS. It specifies what the program and data banks should include, whom to consult, and how the information should be disseminated. While it uses terms like “appropriate individuals,” the regulatory task is well-defined.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute mandates the establishment of information services related to AIDS, including data banks, and requires the Secretary to collect, store, and disseminate information. While it authorizes the Secretary to establish these programs, it doesn’t explicitly authorize or mandate specific regulations for them, except as referenced in subsection (e)(1) concerning experimental treatments and regulations promulgated under section 355 of title 21. The relationship is related through the health aspect but isn’t directly mandated nor explicitly authorized in full.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300d-16
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute specifically requires reports from States, which provides a clearly defined regulatory task for the agency. Even though the statute is later repealed, the regulation was likely created due to the authority it granted, and can be categorized based on that authority.

Relationship: directly mandated
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42 U.S.C. § 300d-16 “provided for requirement of reports by States.” 45 CFR § 147.103 is titled “State reporting.” The regulation appears to implement the reporting requirements outlined in the statute.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300d-2
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Secretary to provide for the establishment and operation of a National Clearinghouse on Trauma Care and Emergency Medical Services. This identifies a specific regulatory task, falling under Specific Authority Delegations, despite using open-ended terms about operation.

Relationship: authorized but not mandated
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The statute, 42 U.S.C. § 300d-2, required the Secretary to establish and operate a National Clearinghouse on Trauma Care and Emergency Medical Services. While the statute mandated this action, the specifics of how the Clearinghouse would operate, its internal rules, and other implementation details were left to the Secretary’s discretion. Therefore, the relationship is authorized but not mandated.

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

The statute outlines specific activities related to reducing excess hospital capacity that the Secretary may fund through grants. This provides a clearly defined regulatory task even though it uses broad language.

Relationship: authorized but not mandated
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The statute authorizes the Secretary to make grants and prescribe terms and conditions for these grants. While it doesn’t explicitly mandate specific regulations, it authorizes regulatory action by giving the Secretary discretion in setting the terms and conditions of the grants.

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

The statute specifically instructs the EPA Administrator to provide financial and technical assistance in the form of grants for specific purposes: construction/rehabilitation/improvement of water supply systems and source water quality protection programs. While “improvement” and “protection” may have some ambiguity, the regulatory task is specifically identified.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute authorizes the EPA Administrator to provide grants to states for water supply system improvements and source water quality protection. While this relates to the general topic of public health, and health insurance more broadly can address certain health-related preventative measures, the statute does not directly mandate or explicitly authorize health insurance regulations. The relationship is tangential.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300d-81
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute clearly instructs the Secretary to provide funding to States for specific purposes outlined in subsection (d), such as supporting physician compensation, reducing overcrowding, establishing new services, and enhancing collaboration. While the term “shall” is used, implying a mandate to provide funding, the statute also includes provisions that give the Secretary discretion on how to distribute funds and provides the states with the discretion to determine how the funds are awarded.

Relationship: authorized but not mandated
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The statute authorizes the Secretary to provide funding to States, suggesting authority for related regulations, but it does not explicitly mandate specific rules beyond the broad purpose and framework provided.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300a-29
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: General Authority sword icon

The statute 42 U.S.C. § 300a-29 provides a specific instruction on how existing grants/contracts should be treated. The regulations in 45 CFR Part 147 are based on a broader authority. While section 300a-29 influences how other sections relate, it does not explicitly instruct the agency to regulate on a specific gap, it simply connects two different set of rules for existing procedures. The regulation has a broader scope, thus it is a general authorization.

Relationship: directly mandated
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The statute 42 U.S.C. § 300a-29 explicitly states that grants or contracts made under that subchapter are to be considered made under that chapter for the purposes of sections 300l-2(e) and 300m-3(c)(6) of this title. Therefore it directly mandates how the grants/contracts are to be treated under other sections of title 42. The regulation 45 CFR Part 147 implements various provisions related to health insurance reform requirements, authorized by the statutes listed in its Authority section including 42 U.S.C. 300gg, it is directly mandated that the statute governs the regulation.

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

While it deals with grants (300ff-51) under the Public Health Service Act, this statute explicitly instructs the Secretary on how to allocate those grants by giving preference to specific qualified applicants. It defines specific factors related to HIV/AIDS burden that must be used, therefore clearly instructing the agency on a regulatory task.

Relationship: authorized but not mandated
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The statute instructs the Secretary to give preference in making grants, but does not mandate specific regulations. It outlines the factors to consider, but leaves room for agency interpretation in implementation. Therefore, it’s authorized but not mandated.

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

The statute provides specific direction by limiting how appropriated funds may be used in relation to Health Maintenance Organizations. Although it doesn’t prescribe the exact regulations, it clearly delineates what activities are not eligible for funding, thus directing the agency’s regulatory focus.

Relationship: authorized but not mandated
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The statute restricts the use of appropriated funds under the chapter except for the listed exceptions, related to health maintenance organizations. While it doesn’t directly mandate specific regulations, it authorizes actions and provides limitations, which implies regulatory oversight to ensure compliance with these funding restrictions.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300d-15
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

While the statute grants the Secretary discretion regarding waivers, it also provides clear boundaries by specifying restrictions on the use of federal payments to states. It lists prohibited uses and sets a standard for waiving those restrictions, which qualifies as a specific delegation under Hickman’s framework. Though there is discretion, the instructions are specific and the power is limited by concrete constraints.

Relationship: authorized but not mandated
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The statute outlines specific restrictions on how the Secretary may make payments to states and offers a waiver provision. This authorizes the Secretary to make certain determinations and potentially waive restrictions, but does not mandate specific regulatory actions beyond those restrictions. The statute directly concerns making federal payments under 42 U.S. Code § 300d-11(a) which requires state agreement on how payments are spent. The agency makes payments and evaluates state plans but is not specifically ordered to create further regulations.

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

The statute directs the Secretary to establish and support the Advisory Commission. It outlines the Commission’s composition, duties (like advising on the Vaccine Injury Table and surveying injury reporting programs), and responsibilities, providing specific tasks for the agency to carry out.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute establishes the Advisory Commission on Childhood Vaccines and outlines its functions, including advising the Secretary on the implementation of the Program and recommending changes to the Vaccine Injury Table. While 45 CFR Part 147 addresses health insurance reform, including coverage of preventive health services, the connection to the Commission’s advisory role is indirect. The statute enables the Commission to perform actions that could eventually influence changes in vaccine policy, and subsequently, health insurance coverage of vaccines as part of preventive services. However, the statute does not explicitly mandate or authorize the specific regulations in 45 CFR Part 147.

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

The statute specifically instructs the Secretary on the regulatory task of recouping funds misused by states under a specific program (section 300d-11(a)). It outlines the conditions under which the Secretary may act and provides a procedural requirement (opportunity for a hearing), indicating a specific regulatory task with defined parameters.

Relationship: directly mandated
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The statute directly mandates the Secretary may require repayment of funds not expended in accordance with agreements made under 42 U.S.C. § 300d-11(a), and also mandates an opportunity for a hearing before requiring repayment. This directly authorizes and regulates specific actions by the Secretary related to those agreements.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300gg-63
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

While the statute defines broad categories of “excepted benefits,” it also references very specific sections within the U.S. Code (300gg-91(c)(1), (2), (3), (4)). This level of detail moves it from a purely general delegation to a more focused instruction on where and how exceptions apply. The statute identifies specific areas for the agency to make rules.

Relationship: authorized but not mandated
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42 U.S.C. § 300gg-63 defines exceptions to certain health insurance coverage requirements. While it doesn’t directly mandate specific regulations, it authorizes the agency (presumably HHS) to interpret and apply these exceptions. The presence of CFR citations 45 CFR Parts 144, 147, 148, and 150 as authorities also supports the conclusion that the statute authorizes regulation, as agencies have chosen to regulate in this area.

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

The statute delegates to the Surgeon General the specific authority to determine whether a demonstration needle exchange program would be effective in reducing drug abuse and the risk of HIV infection. This is a focused delegation, tasking the Surgeon General with making a specific determination based on evidence, rather than granting broad rulemaking powers.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute concerns the use of federal funds for needle exchange programs and allows such programs under specific conditions determined by the Surgeon General. The regulation concerns requirements for group health insurance markets. While both relate to health, the statute doesn’t directly mandate or explicitly authorize the specific regulations regarding group health insurance. The statute restricts how certain funds can be used, while the regulation broadly covers health insurance requirements.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300x-63
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute specifically directs how funds allotted to Hawaii under sections 300x and 300x-21 are to be used to carry out programs for Native Hawaiians. It also specifies that the State of Hawaii shall give preference to Native Hawaiian organizations and Native Hawaiian health centers when entering into contracts. This is a clearly defined regulatory task, and the agency has no general authority to regulate here, only the specified regulation.

Relationship: unrelated
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The statute 42 U.S.C. § 300x-63 concerns specific funding and contracting requirements related to substance use disorder programs for Native Hawaiians in Hawaii. The regulation 45 CFR Part 146 addresses broader requirements for the group health insurance market. There is no direct relationship between the two. The statute is not referenced in the authority section of the regulation, and the regulation does not implement or interpret the statute.

Found 56,371 results