Skip to Main Content
Pacific Legal Foundation logo
Back to Top

Database Search Results

Found 56,371 results
Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300x-60
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute clarifies that the Secretary is NOT authorized to delegate to the states primary responsibility for interpreting the governing provisions. This is a clear instruction to the agency regarding a specific limitation on its power. It is not a broad rulemaking authority, but instead a prohibition on a particular type of delegation. Even though it’s a restriction, it still falls under the category of “Specific Authority” because it instructs the agency on a specific gap or limitation.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute, 42 U.S.C. § 300x-60, places a rule of construction on the delegation of authority to States regarding grants. The regulation, 45 CFR Part 146, pertains to requirements for the group health insurance market. While both relate to healthcare and involve the Department of Health and Human Services (HHS), the statute doesn’t directly mandate or explicitly authorize the specific regulations in Part 146. The statute concerns delegation to States, while the regulations focus on the group health insurance market. They are related in subject matter but not directly linked in terms of mandate or authorization.

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

42 U.S.C. § 300d-82 is an authorization of appropriations. While it enables activities by providing funds, it doesn’t explicitly delegate any regulatory authority to an agency. It doesn’t instruct an agency to create regulations related to the group health insurance market or any other specific area. Therefore, it falls under the category of “General Authority” as it allows for the general implementation of a program. It is worth noting that the regulations themselves are supported by other statutes (e.g. 42 U.S.C. 300gg-1).

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute authorizes appropriations “for the purpose of carrying out this part.” While the regulation (45 CFR Part 146) deals with group health insurance market requirements, and the statute’s “part” likely concerns healthcare, there’s no direct mandate or explicit authorization linking the appropriation in 42 U.S.C. § 300d-82 to the specific regulations in 45 CFR Part 146. The statute provides funding for activities within a broad area, and the regulation implements rules within that area. The relationship is therefore related but not directly mandated or explicitly authorized. To definitively link them would require knowing what “this part” of the statute refers to (Title XII).

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

The statute provided (42 U.S.C. 300gg-1 through 300gg-5, 300gg-11 through 300gg-23, 300gg-91, and 300gg-92), cited in the regulation’s authority, provides broad rulemaking authority related to group health insurance market requirements without specific regulatory tasks identified in relation to family planning services voluntariness. These are sections of the Public Health Service Act, focusing on health insurance market reforms.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

42 U.S.C. § 300a-5 concerns voluntary participation in family planning services. 45 CFR Part 146 pertains to requirements for the group health insurance market. While both relate to healthcare, the statute doesn’t directly mandate regulations about group health insurance, nor does it explicitly authorize them. The statute focuses on voluntariness of specific services, while the regulation focuses on the broader insurance market.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300hh-14
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute provides specific directions to the Secretary of Health and Human Services regarding the creation and implementation of programs, conducting studies, monitoring exposed individuals, and even prioritizing specific groups (individuals with the highest exposure levels). This goes beyond broad authority and directs specific regulatory actions.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute addresses health and safety during disasters and refers to ensuring individuals’ eligibility for health coverage. While 45 CFR Part 146 concerns group health insurance market regulations, the statute does not directly mandate or explicitly authorize these specific regulations. The statute touches upon health coverage, but the regulation deals with market-wide standards for group health insurance. They are related insofar as both concern healthcare, but the relationship is not direct.

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

42 U.S.C. 300x-5 restricts the use of funding agreements for grants. While this statute itself doesn’t explicitly delegate authority to create the regulation, it specifically instructs how to use grant money. To create regulations, one needs authority, but one also needs an action or goal to regulate. The regulation (45 CFR Part 146), however, is explicitly authorized by other sections of Title 42 (namely, 300gg-1 through 300gg-5, 300gg-11 through 300gg-23, 300gg-91, and 300gg-92). The related statute (42 U.S.C. 300x-5) would potentially fall under Specific Authority as it addresses a regulatory task gap: it deals with limitations of a grant, an action the agency needs to have authority over in order to properly follow.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

While 42 U.S.C. § 300x-5 places restrictions on the use of grant payments related to health services and 45 CFR Part 146 concerns requirements for the group health insurance market, the statute does not directly mandate or explicitly authorize the regulation. The statute regulates how grant money can be spent, while the regulation deals with health insurance coverage. They operate within the same broad subject area of healthcare, but there’s no direct link of mandate or explicit authorization from the statute to the regulation.

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

The statute provides specific instructions to the Secretary regarding the application process for grants and contracts related to sickle cell anemia programs. It outlines the manner of submission, contents of the application, and specific assurances required from the applicant.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute concerns grants and contracts for sickle cell anemia programs and provides some direction on how to administer them. The regulation addresses the group health insurance market. While both relate to health, the statute doesn’t explicitly mandate or directly authorize the regulation. They are related to health, but the statute isn’t the direct impetus for the regulation.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300gg-28
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute provides explicit instructions regarding the continuation of health coverage for dependent students during medically necessary leaves of absence. The statute meticulously defines key terms such as “medically necessary leave of absence,” specifies the conditions under which coverage must continue, and outlines notice requirements. This level of detail reflects a clear and specific regulatory task assigned by Congress, indicating a Specific Authority Delegation. The statute lays out what needs to be regulated and how it should be done to a significant extent, leaving limited interpretive discretion to the agency.

Relationship: authorized but not mandated
Beta

The statute, 42 U.S.C. § 300gg-28, establishes specific requirements for group health plans and health insurance issuers regarding coverage for dependent students on medically necessary leaves of absence. While the statute mandates certain actions (e.g., not terminating coverage, providing notice), it doesn’t directly mandate the creation of new regulations. However, it authorizes agencies to create regulations to further define and implement these requirements, ensuring compliance and providing clarity for stakeholders. The CFR sections listed as authorities, while not explicitly referencing 300gg-28, cover related aspects of group health insurance market regulations, suggesting an authorized but not mandated relationship.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300h-7
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: General Authority sword icon

The statute citations provided as authority for 45 CFR Part 146 (42 U.S.C. 300gg-1 through 300gg-5, 300gg-11 through 300gg-23, 300gg-91, and 300gg-92) provide broad rulemaking authority related to health insurance market requirements, rather than specific instructions related to wellhead protection. Without knowing the specifics of what these sections entail, they appear to grant broad authority over health insurance.

Relationship: unrelated
Beta

42 U.S. Code § 300h-7 concerns wellhead protection areas and protecting water systems from contaminants. 45 CFR Part 146 pertains to requirements for the group health insurance market. These topics are unrelated.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300cc-18
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute provides the Secretary with the authority to make grants for specific projects (developing model protocols for HIV care), outlines specific requirements that grant applicants must meet (e.g., providing certain services, limitations on charges), and dictates reporting and evaluation procedures. This demonstrates a clear instruction on a specific regulatory task, including considerations of women.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute authorizes grants for developing model protocols for clinical care of HIV-infected individuals. While the regulation (45 CFR Part 146) deals with requirements for group health insurance, it doesn’t directly implement the grant program outlined in the statute. However, there may be a relationship in that the statute addresses clinical care for a specific condition, and the regulation broadly addresses health insurance requirements, potentially impacting coverage and access to care for such conditions. It is not directly mandated or explicitly authorized.

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

The statute provides the Secretary with the specific task of determining compliance with maintenance of effort requirements, granting waivers under extraordinary economic conditions, and developing guidelines for negotiated agreements in cases of noncompliance. These are specific regulatory tasks related to the grant program, even though some discretion is involved.

Relationship: authorized but not mandated
Beta

The statute authorizes the Secretary to exclude certain funds and to grant waivers under specific conditions, and to develop guidelines for negotiated agreements related to noncompliance. It does not mandate specific regulations, but empowers the Secretary to act and create guidelines related to its implementation.

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

While 42 U.S.C. 300gg-1 through 300gg-5, 300gg-11 through 300gg-23, 300gg-91, and 300gg-92 (cited as authority for the regulation) are not included in the provided text, they likely provide broad rulemaking authority related to health insurance market regulations, rather than specific directives on how to regulate particular aspects of facility operations. The statute provided (42 U.S.C. § 300s-2) is specifically a limitation on authority, not a grant, so it’s not relevant to the delegation category. Therefore, the regulation is based on a General Authority delegation (or a series of them) related to health insurance.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

42 U.S.C. § 300s-2 limits federal oversight of facilities receiving funds under the subchapter. While 45 CFR Part 146 relates to health insurance and may involve facilities receiving federal funds indirectly, the statute doesn’t directly mandate or explicitly authorize the specific regulations in Part 146. The statute and the regulation are related through the broader context of healthcare funding and regulation, but the link is not a direct delegation.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300d-71
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute explicitly instructs the Secretary to take specific actions regarding the poison control hotline, including its establishment, maintenance, and routing of calls, even including specific deadlines and feasibility considerations. This falls under a specific regulatory task identified by Congress. While there may be some discretion in how the Secretary achieves those directives, the directive itself is narrowly defined.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

42 U.S.C. § 300d-71 mandates the Secretary to provide coordination and assistance for poison control centers, including a toll-free number and other communication technologies. While 45 CFR Part 146 pertains to health insurance market requirements, it doesn’t directly implement or specifically reference the poison control hotline or communication technologies mandated by the statute. The statute addresses public health and access to poison control services, while the regulation focuses on health insurance market rules. Therefore, they are related in the broader sense of healthcare but neither directly mandated nor explicitly authorized by the statute.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300gg-26
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute clearly instructs the Secretary on very specific regulatory tasks, such as establishing rules for plans with different aggregate lifetime limits or annual limits on medical and surgical benefits. It also mandates issuing compliance program guidance and additional guidance to plans and issuers, outlining content and examples, fulfilling the requirements for specific authority.

Relationship: directly mandated
Beta

The statute directly mandates the Secretary to establish rules under specific conditions related to aggregate and annual limits (subsection a(1)(C) and a(2)(C)), and to issue regulations regarding the availability of plan information and criteria for medical necessity determinations (subsection a(4)), so the statute regulation relationship is directly mandated.

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

Subsection (d) “Criteria” of the statute clearly instructs the Administrator to “shall, by rule, establish criteria for identifying critical aquifer protection areas under this section.” The statute specifies factors to be considered when establishing those criteria. This falls under Specific Authority because a regulatory task was identified, even with somewhat open-ended terms.

Relationship: unrelated
Beta

42 U.S.C. § 300h-6 concerns demonstration programs for aquifer protection and grant administration by the EPA Administrator, whereas 45 CFR Part 146 relates to requirements for the group health insurance market, governed by statutes 42 U.S.C. 300gg-1 through 300gg-5, 300gg-11 through 300gg-23, 300gg-91, and 300gg-92. The subjects and statutory bases are distinct.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300gg-136
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute explicitly instructs health care providers and facilities to inquire about an individual’s health plan enrollment and provide a good faith estimate of charges. This constitutes a specific regulatory task, making it a Specific Authority Delegation.

Relationship: authorized but not mandated
Beta

The statute, 42 U.S.C. § 300gg-136, mandates specific actions for health care providers and facilities. However, the regulation, 45 CFR Part 146, outlines general requirements for group health insurance. While the statute relates to health insurance information, the regulation’s authority lies in different sections of the U.S. Code (300gg-1 through 300gg-5, 300gg-11 through 300gg-23, 300gg-91, and 300gg-92). Therefore, the regulation is authorized to cover group health insurance requirements in general, but it isn’t directly mandated by 300gg-136. The statute empowers the individual by informing them about service costs and what their insurance will cover, while the regulation focuses on the requirements of group health insurance markets.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300z-8
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute explicitly directs the Secretary of Health and Human Services to reserve a specific percentage of funds for evaluation, tasks the Secretary with submitting a summary of the evaluation to Congress, and dictates the reporting structure for employees carrying out the subchapter’s provisions. This is a very specific delegation of authority.

Relationship: unrelated
Beta

42 U.S.C. § 300z-8 concerns the evaluation and administration of funds appropriated under a specific subchapter, and the reporting structure within the Department of Health and Human Services. 45 CFR Part 146 relates to the requirements for group health insurance markets and cites a different set of US Code provisions (300gg-1 through 300gg-5, 300gg-11 through 300gg-23, 300gg-91, and 300gg-92). There is no direct or even related connection between these two legal instruments.

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

The statute specifically directs the Administrator of the Health Resources and Services Administration to provide technical assistance and planning grants related to HIV health services. This falls under the “Specific Authority” delegation because it instructs the agency on a specific regulatory task, even though it uses terms like “assist.” The statute clearly identifies the task (technical assistance and planning grants) and the target population (newly eligible metropolitan areas and entities).

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute concerns technical assistance and planning grants related to HIV health services, while the regulation pertains to requirements for the group health insurance market. Although both relate to health, they address distinct aspects of healthcare (direct services vs. insurance), and the statute does not directly mandate or explicitly authorize the specific regulations outlined in 45 CFR Part 146.

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

Subsection (c) of the statute says “Grantees who receive funds for a demonstration project for services under this subchapter shall charge fees for services pursuant to a fee schedule approved by the Secretary as a part of the application described in section 300z-5 of this title which bases fees charged by the grantee on the income of the eligible person or the parents or legal guardians of the eligible person and takes into account the difficulty adolescents face in obtaining resources to pay for services.” This subsection specifically directs the Secretary to approve a fee schedule for grantees, indicating a specific regulatory task.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

42 U.S.C. § 300z-3 discusses the uses of grants for demonstration projects related to care and prevention services, particularly for adolescents. 45 CFR Part 146 pertains to requirements for the group health insurance market. While both relate to health and well-being, they address distinct aspects (grant usage vs. insurance market regulations). The statute doesn’t directly mandate the regulation, nor does it explicitly authorize it, but a general relationship exists because both deal with healthcare.

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

The statute clearly instructs the Secretary on a specific regulatory task: to define the factors that should be considered when calculating the “applicable premium” for self-insured plans under COBRA. The statute provides the context (self-insured plans, applicable premium calculations) and tasks the Secretary with clarifying specific elements within that context (the factors to consider).

Relationship: directly mandated
Beta

The statute explicitly states “takes into account such factors as the Secretary may prescribe in regulations.” This language directly mandates the Secretary to issue regulations to specify the factors to be considered when determining the applicable premium for self-insured plans.

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

The statute specifically instructs the Secretary to carry out a national education program on DES, defining the scope (DES education), target audience (health professionals and the public), and even suggests methodologies (using those from section 283a-3). This falls under the category of specific authority delegation because it directs the agency towards a clearly defined regulatory task.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute mandates the Secretary of Health and Human Services to carry out a national education program on DES. The regulation, 45 CFR Part 146, concerns requirements for the group health insurance market. While both relate to healthcare, the statute doesn’t explicitly mandate or authorize the regulation, nor does the regulation directly implement the statute’s educational program. They are related in that both fall under the broad umbrella of healthcare, but not directly connected in terms of statutory authorization or mandate.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300x-26a
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: General Authority sword icon

The statutes listed as authority for 45 CFR Part 146 (42 U.S.C. 300gg-1 through 300gg-5, 300gg-11 through 300gg-23, 300gg-91, and 300gg-92) provide a broad mandate to regulate the group health insurance market, setting broad parameters without specifying particular regulatory tasks. This aligns with a general authority delegation.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

42 U.S. Code § 300x-26a related to withholding of substance abuse funding and has been repealed. 45 CFR Part 146 concerns requirements for the group health insurance market under a different statutory authority (42 U.S.C. 300gg-1 through 300gg-5, 300gg-11 through 300gg-23, 300gg-91, and 300gg-92). While both relate to health and funding, they do not directly mandate each other, nor is explicit authorization present. Hence, they are related but neither directly mandated nor explicitly authorized. However, the repealed statute cited 42 USC 300x-26, concerning substance abuse funding, and therefore could be related to health insurance.

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

The statute directs the Secretary of HHS to develop specific guidelines and a model curriculum on AIDS prevention. It includes a timeline (90 days) and specific target groups (health workers, public safety workers, and emergency response employees). While some discretion exists in the content, the statute clearly instructs the agency on a precise task.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute directs the Secretary of HHS to develop guidelines and a model curriculum regarding AIDS prevention for health and public safety workers and emergency response employees. It also mandates the transmission of these materials to the Secretary of Labor and State public health officers. While related to health insurance through workplace safety, it doesn’t directly mandate the specific regulations in 45 CFR Part 146, nor is it explicitly authorized within the scope of that regulatory authority.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300d-22
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

The statute explicitly instructs the Secretary to perform a very specific task – to create and submit a report to Congress on state activities related to trauma care, detailing specific metrics like mortality and disability. The statute’s language directly dictates the subject and content of the report, falling squarely within the Specific Authority Delegation category.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute mandates a report from the Secretary on activities carried out pursuant to 42 U.S.C. § 300d-11. While this section broadly concerns trauma care systems, the provided regulation (45 CFR Part 146) addresses group health insurance market requirements and doesn’t seem to be directly related to the Secretary’s reporting duty regarding state trauma care activities under § 300d-11. However, both relate to health and healthcare, so it is related but not mandated nor explicitly authorized.

Regulation: 45 CFR Part 146
Authorizing Statute: 42 U.S. Code § 300ff-17
Agency: Department of Health and Human Services
Restrictions: 321
Delegation Category: Specific Authority checkmark icon

42 U.S.C. § 300ff-17 defines “eligible area” and “metropolitan area” by referencing specific criteria (requirements of 300ff-11 and HIV/AIDS Surveillance Report). This is a fairly precise instruction to agencies on how to identify and classify areas for the purpose of the statute. While it relies on another section and a report, it provides specific guidance, making it closer to a Specific Authority delegation. The agency is required to use the data to create further regulation within that area.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

42 U.S.C. § 300ff-17 defines terms used within a specific subpart of the U.S. Code related to HIV/AIDS programs. While 45 CFR Part 146 broadly concerns health insurance market regulations, it doesn’t directly implement or depend on the definitions in 42 U.S.C. § 300ff-17. The definition helps determine eligibility for HIV/AIDS programs, and while health insurance could indirectly relate to healthcare access for those populations, the statute and regulation operate in largely separate spheres. The regulation’s authority stems from different sections of the U.S. Code (300gg-1 through 300gg-92), distinct from the 300ff series, indicating no direct mandate or explicit authorization between them, they are only related as they deal with healthcare and access to care, but not directly.

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

This statute provides very detailed instructions on how the Secretary is to distribute grants, the specific factors to consider when determining grant amounts, and even the formulas to use. Although the statute uses terms like “Secretary shall determine,” the surrounding context provides a very specific framework for those determinations, fitting within Hickman’s “Specific Authority” category even though “reasonable” and “appropriate” type terms are not explicitly used.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute provides for grants related to health care for individuals with HIV/AIDS. While 45 CFR Part 146 also relates to health insurance, it concerns the broader group health insurance market and does not appear to be directly implementing the grant-making provisions or specifically authorized by this statute. The regulation is related as they both pertain to health and healthcare access, but they are neither directly mandated nor explicitly authorized by each other.

Found 56,371 results