Skip to Main Content
Pacific Legal Foundation logo
Back to Top

Database Search Results

Found 56,371 results
Regulation: 45 CFR Part 150
Authorizing Statute: 42 U.S. Code § 300gg-62
Agency: Department of Health and Human Services
Restrictions: 36
Delegation Category: General Authority sword icon

The statute grants broad authority regarding preemption and application of health insurance standards. Although it addresses specific topics like preemption, it does not clearly instruct the agency on specific regulatory tasks. Therefore, it falls under the General Authority category.

Relationship: authorized but not mandated
Beta

The statute, 42 U.S.C. § 300gg-62, provides for preemption and application of standards and requirements related to health insurance. While it doesn’t directly mandate specific regulations, it authorizes the agency (CMS) to enforce the provisions within its part of the code. The regulation, 45 CFR Part 150, implements enforcement mechanisms related to the statutory framework established in Title 42, referencing specifically 42 U.S.C. 300gg through 300gg-63 as authority. The statute authorizes the regulation, but does not mandate that enforcement regulations be created.

Regulation: 45 CFR Part 150
Authorizing Statute: 42 U.S. Code § 300gg-6
Agency: Department of Health and Human Services
Restrictions: 36
Delegation Category: Specific Authority checkmark icon

The statute mandates specific requirements for health insurance coverage, such as essential health benefits packages and cost-sharing limitations, and cites sections 18022(a), 18022(c), and 18022(d) for more detail. This provides a clearly defined regulatory task, which aligns with Specific Authority Delegations.

Relationship: directly mandated
Beta

The CFR explicitly cites 42 U.S.C. 300gg-6 as an authority, indicating the regulation is directly mandated by the statute.

Regulation: 45 CFR Part 148
Authorizing Statute: 42 U.S. Code § 300gg-92
Agency: Department of Health and Human Services
Restrictions: 55
Delegation Category: General Authority sword icon

The statute grants broad rulemaking authority to the Secretary to promulgate regulations “as may be necessary or appropriate to carry out the provisions of this subchapter.” It doesn’t identify specific regulatory tasks, although it uses the term “appropriate.” According to Hickman’s categorization this is a general authority delegation.

Relationship: authorized but not mandated
Beta

The statute states the Secretary “may” promulgate regulations, indicating authorization but not a direct mandate.

Regulation: 45 CFR Part 150
Authorizing Statute: 42 U.S. Code § 300gg-27
Agency: Department of Health and Human Services
Restrictions: 36
Delegation Category: Specific Authority checkmark icon

The statute mandates that the provisions of section 1185b of title 29 apply to group health plans and health insurance issuers. This is a clear instruction on a specific regulatory task, thus fitting within the Specific Authority Delegation category.

Relationship: authorized but not mandated
Beta

The statute references section 1185b of title 29 and applies those provisions to group health plans and health insurance issuers. The CFR lists 42 U.S.C. 300gg through 300gg-63, 300gg-91, and 300gg-92 as authority for the enforcement regulations. Since 300gg-27 falls within the range of 300gg through 300gg-63, the regulation is authorized by the statute, but the statute does not explicitly mandate the regulation.

Regulation: 45 CFR Part 150
Authorizing Statute: 42 U.S. Code § 300gg-54
Agency: Department of Health and Human Services
Restrictions: 36
Delegation Category: Specific Authority checkmark icon

The statute specifically directs the agency to apply the provisions of section 2707 to individual market health insurance coverage in the same manner as it applies to group health plans. Even though it uses the general phrase “in the same manner,” it identifies a specific regulatory task: extending the provisions related to dependent student coverage during medically necessary leave of absence to the individual market.

Relationship: authorized but not mandated
Beta

The statute, 42 U.S.C. § 300gg-54, explicitly states that the provisions of section 2707 shall apply to health insurance coverage in the individual market. While it doesn’t explicitly mandate specific regulations, it authorizes the agency (CMS) to apply existing regulations (developed under section 2707) to the individual market. The agency can decide how to best implement and enforce this provision through regulation.

Regulation: 45 CFR Part 150
Authorizing Statute: 42 U.S. Code § 300gg-1
Agency: Department of Health and Human Services
Restrictions: 36
Delegation Category: Specific Authority checkmark icon

The statute clearly instructs the Secretary to promulgate regulations specifically related to enrollment periods under paragraphs (1) and (2). This is a specific regulatory task identified in the statute, making it a specific authority delegation.

Relationship: directly mandated
Beta

42 U.S. Code § 300gg-1(b)(3) explicitly states “The Secretary shall promulgate regulations with respect to enrollment periods under paragraphs (1) and (2).” This directly mandates rulemaking by the Secretary.

Regulation: 45 CFR Part 150
Authorizing Statute: 42 U.S. Code § 300gg-46
Agency: Department of Health and Human Services
Restrictions: 36
Delegation Category: Specific Authority checkmark icon

The statute gives the Secretary a specific task to perform – to finalize rules related to the timing, form, and manner of specific disclosures and reports mandated by subsections (b) and (c). The statute indicates exactly what regulatory gap needs to be filled. Although terms like “adjustments” and “timely information” leave the Secretary some discretion, it is still specific authority because the statute directs the agency to regulate a specific issue with specific goals.

Relationship: directly mandated
Beta

The statute (42 U.S. Code § 300gg-46) directly mandates the Secretary to finalize rules regarding the timing, form, and manner of disclosures and reports related to agent/broker compensation. Subsection (d) explicitly states that “the Secretary shall finalize, through notice-and-comment rulemaking…” the mentioned aspects.

Regulation: 45 CFR Part 150
Authorizing Statute: 42 U.S. Code § 300gg-43
Agency: Department of Health and Human Services
Restrictions: 36
Delegation Category: Specific Authority checkmark icon

The statute points to a specific regulatory task: ensuring that the provisions of 2701(e) apply to health insurance coverage offered in the individual market in the same manner as in the group market. This is more than just a general grant of rulemaking authority; it directs the agency to extend existing rules in a targeted fashion. Although 2701(e) is renumbered, and 300gg references have shifted, the initial intent to apply specific provisions to a new market segment defines the delegation as specific.

Relationship: authorized but not mandated
Beta

The statute at 42 U.S.C. § 300gg-43 explicitly states that provisions of another section shall apply in a specific context. While it doesn’t directly mandate a specific regulation, it authorizes the agency to apply existing rules to a new situation, which necessitates some regulatory action or interpretation to implement. The presence of 45 CFR Parts 144, 147, 148, and 150 listed as authorities further suggests the presence of regulations implementing the statute.

Regulation: 45 CFR Part 150
Authorizing Statute: 42 U.S. Code § 300gg-15
Agency: Department of Health and Human Services
Restrictions: 36
Delegation Category: Specific Authority checkmark icon

The statute provides very specific instructions for the Secretary, including deadlines, consultation requirements, content requirements (appearance, language, specific elements to include), and periodic review. Subsection (g) even mandates the development of standards for specific insurance and medical terms. This level of detail points towards a specific authority delegation.

Relationship: directly mandated
Beta

The statute explicitly directs the Secretary to develop standards and definitions via regulation. The CFR Title and Parts listed includes regulations related to enforcement of insurance market regulations, implying the statute directly mandates regulatory action.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300ff-101
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute provides a specific regulatory task: administering special projects and awarding grants for specific purposes like responding to emerging needs and developing a standard client information data system. It also specifies criteria for awarding grants (subsection b) and directs compliance with existing privacy regulations (subsection d). While the term “special projects of national significance” is broad, the specific instructions about the electronic data system and the use of funds narrow the agency’s discretion.

Relationship: directly mandated
Beta

The statute explicitly directs the Secretary to administer special projects and award grants, which necessitates the creation and enforcement of regulations to define eligibility, procedures, and standards for these activities. Subsection (d) even mandates compliance with existing privacy regulations under HIPAA, further demonstrating a direct mandate to regulate.

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

The statute clearly instructs the Secretary to invest in specific areas of health information technology, such as architecture, electronic health records, training, telemedicine, interoperability, data protection, and public health department improvements. This constitutes a specific regulatory task, even with the use of terms like “appropriate.”

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute outlines specific investment goals related to health information technology, and the regulation addresses broader health insurance market reforms. While both are related to healthcare, the statute does not directly mandate or explicitly authorize the specific regulations in 45 CFR Part 147. The statute focuses on infrastructure investment, while the regulation focuses on insurance market rules.

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

The statute specifically instructs the agency (the Secretary) on regulatory tasks. It lists specific records manufacturers need to keep and the information that needs to be reported if a safety test indicates a public health hazard. It mandates that the Secretary can request these records. This is a specific instruction to the agency on regulatory tasks.

Relationship: authorized but not mandated
Beta

The statute authorizes the Secretary to request product distribution records. While it doesn’t mandate specific regulations, it authorizes the Secretary to take action related to manufacturer recordkeeping and reporting. The regulation (45 CFR Part 147) broadly covers health insurance reform requirements and while it doesn’t specifically implement the request for product distribution records, it operates under a broader authority that would encompass vaccine-related health regulations. This implies the relationship is authorized, but not directly mandated.

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

While the statute provides some discretion to the Secretary, it does so within a defined framework of application requirements. Specifically, section (5) provides authority to determine necessary elements, but only to carry out this part. The statute specifically mentions agreements, assurances, and information, giving specific instructions on the regulatory task. While open ended terms are used, there is a regulatory task that is specific.

Relationship: authorized but not mandated
Beta

The statute outlines specific requirements for a State’s application to receive payments, but it also grants the Secretary discretion to determine the “form,” “manner,” and specific “agreements, assurances, and information” necessary. Thus, the statute authorizes regulation but doesn’t mandate the precise content of every regulation.

Regulation: 45 CFR Part 148
Authorizing Statute: 42 U.S. Code § 300gg-63
Agency: Department of Health and Human Services
Restrictions: 55
Delegation Category: General Authority sword icon

While 42 U.S.C. § 300gg-63 provides specific exceptions, the delegation to the agency to interpret and implement these exceptions within the larger context of health insurance market regulations (as seen in 45 CFR Part 148) grants broad rulemaking authority related to access, renewability, and benefits. The statute does not identify specific regulatory tasks, but provides the basis for the agency to develop regulations about excepted benefits in the individual health insurance market.

Relationship: authorized but not mandated
Beta

The statute, 42 U.S. Code § 300gg-63, specifies exceptions to certain health insurance coverage requirements. While it doesn’t explicitly mandate the creation of regulations, the citation of this statute as authority for 45 CFR Part 148 implies that the agency is authorized to create regulations interpreting and implementing these exceptions. The statute sets the boundaries for permissible agency action regarding these exceptions, but the agency has discretion within those boundaries.

Regulation: 45 CFR Part 148
Authorizing Statute: 42 U.S. Code § 300gg-91
Agency: Department of Health and Human Services
Restrictions: 55
Delegation Category: Specific Authority checkmark icon

While the statute is primarily definitional, subsection (c)(1)(H) and (c)(2)(C) provide the agency with the authority to specify “other similar insurance coverage” and “such other similar, limited benefits as are specified in regulations.” These are specific regulatory tasks, instructing the agency to fill gaps and define the scope of “excepted benefits” within certain parameters.

Relationship: directly mandated
Beta

42 U.S.C. 300gg-91 defines terms used in the subchapter, which is directly related to the implementation and enforcement of the statute. The CFR citation provided explicitly lists 300gg-91 as statutory authority.

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

Subsection (c)(2)(A) clearly instructs the Administrator to create regulations regarding specific aspects of the notice, indicating a specific regulatory task. The statute also outlines particular requirements for the regulations, such as considering the seriousness of potential adverse health effects and different violation frequencies, demonstrating a clear and specific regulatory task. Although the term “shall” prescribe allows the administrator some degree of discretion in how the regulations should be implemented, it is still directly ordered to act under 42 U.S.C. 300g-3.

Relationship: directly mandated
Beta

Section 42 U.S. Code § 300g-3 directly mandates the Administrator to issue regulations, specifically in subsection (c)(2)(A) concerning the form, manner, frequency, and content of notices related to public water system violations.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300d-20
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

While 42 U.S.C. § 300d-20 doesn’t explicitly delegate rulemaking authority, it implicitly requires enforcement. The statute’s specificity in prohibiting false statements related to a defined funding source suggests a clear objective that an agency (likely HHS, which administers related programs) might need to address through interpreting what constitutes a “material fact” or defining processes for identifying violations. This is a specific regulatory task of enforcement, which falls under specific authority delegation.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute prohibits false statements related to funding under 42 U.S.C. § 300d-11(a). While 45 CFR Part 147 broadly addresses health insurance reform and touches on various aspects related to healthcare services and funding, it doesn’t specifically implement or enforce the prohibition against false statements laid out in 42 U.S.C. § 300d-20. Therefore, the relationship is related because both pertain to healthcare and funding, but the regulation isn’t directly mandated or explicitly authorized by this particular statute.

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

The statute clearly instructs the Administrator on the specific regulatory task of prescribing the manner in which a state may apply for and have its primary enforcement responsibility determined, including procedures for public hearings, notification, and timelines.

Relationship: directly mandated
Beta

Subsection (b) explicitly mandates the Administrator to prescribe regulations concerning the manner in which a state may apply for, and have its primary enforcement responsibility determined.

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

Although 42 U.S.C. § 300aa-5 does not directly authorize regulations for health insurance (which is the subject of 45 CFR Part 147), it does establish the National Vaccine Advisory Committee and directs it to make recommendations regarding vaccine availability, safety, and research priorities. This constitutes a specific regulatory task assigned to the committee, which ultimately advises the Director of the Program, indirectly influencing regulatory actions. Therefore, by empowering the National Vaccine Advisory Committee, the statute can be considered to delegate specific authority in the field of vaccines.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

While both the statute and the regulation deal with healthcare and public health, the statute focuses on establishing and empowering a committee to advise on vaccine-related issues, while the regulation lays out specific rules for health insurance markets. The statute doesn’t directly mandate or explicitly authorize these insurance regulations, but it does contribute to the overall public health landscape within which such regulations are created.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300ff-66
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute provides the Secretary with specific direction. Namely, it instructs the Secretary to provide supplies, equipment, and services upon request from a grantee. It’s specific to grantees under “this part” (implying a defined program), and its use for “aiding the grantee in providing early intervention services.” This fits the Specific Authority Delegation category, even with the open-ended phrase, “aiding”.

Relationship: authorized but not mandated
Beta

The statute grants the Secretary the authority to provide supplies and services in lieu of grant funds, but it doesn’t mandate that they do so. The use of “may” indicates it is discretionary.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300ff-87a
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Secretary to establish a national HIV/AIDS testing goal of 5,000,000 tests annually. While the methods for achieving this goal are not exhaustively detailed, the statute provides a clear regulatory task for the agency. Furthermore, the statute mandates specific reporting requirements related to this goal, providing further specific direction.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

While 42 U.S.C. § 300ff-87a(b)(4) requires the Secretary to report on barriers, including state laws and regulations, that impede meeting the HIV/AIDS testing goal, the statute does not directly mandate or explicitly authorize the creation of federal regulations to directly address or preempt those barriers. It simply requires a report to Congress regarding those regulations. The regulations listed in 45 CFR Part 147 relate to health insurance reform requirements, but do not specifically reference or implement the goal of HIV/AIDS testing as mandated by the statute.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300x-22
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Secretary to provide waivers under certain conditions, including a 120-day deadline for approval or denial. This represents a specific regulatory task.

Relationship: authorized but not mandated
Beta

The statute authorizes the Secretary to provide waivers to states regarding the expenditure requirements for treatment services for women, indicating an authorized but not mandated relationship. The statute also mandates specific allocations that would be addressed in the regulations.

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

Subsection (e)(2)(A) specifically instructs the Administrator to promulgate regulations setting a health-effects-based performance standard establishing maximum leaching levels from new plumbing fittings and fixtures if voluntary standards are not established within a year. This is a clear and specific regulatory task.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute concerns lead in drinking water, while the regulation concerns health insurance reform. While both relate to public health, the statute does not directly mandate or explicitly authorize the regulation.

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

While 42 U.S.C. § 300e-13 itself is a directive to the Comptroller General and Secretary to conduct evaluations and studies, the underlying sections it references, like 300e-9, likely contain language that would provide the “Secretary” with specific authority to regulate in certain areas. Section 300e-9 (Compliance of health maintenance organizations) includes requirements about providing basic and supplemental services as well as organizational and financial requirements for health maintenance organizations. The regulations under 45 CFR 147 related to health insurance reform would arguably be guided by the requirements in 300e-9.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

42 U.S.C. § 300e-13 mandates evaluations and studies by the Comptroller General and the Secretary. While it relates to health maintenance organizations and certain aspects of their operations, it doesn’t directly mandate or explicitly authorize the regulations in 45 CFR Part 147, which establish broad health insurance reform requirements. However, it can be indirectly related. The statute pertains to evaluation of the management and operations of health organizations, and 45 CFR Part 147 sets standards for health insurance markets. While related to healthcare, the evaluation mandate of the statute isn’t a direct mandate for the rules in the regulation.

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

The statute specifically instructs the WTC Program Administrator regarding a precise task: entering into arrangements to process claims under specific sections of the U.S. Code (300mm-22, 300mm-23, 300mm-32, and 300mm-33). It’s not a broad grant of authority, but a directed permission to use specific arrangements for a particular purpose.

Relationship: related but neither directly mandated nor explicitly authorized
Beta

The statute authorizes the WTC Program Administrator to enter into arrangements with other entities to process claims. While the CFR part addresses health insurance reform and may relate to claims processing in a broad sense, it is not directly mandated nor explicitly authorized by this specific statute. The statute deals with the specific administrative arrangements for the WTC program. The CFR part is on health insurance reform requirements. There is an indirect relationship, but not direct authorization or mandate.

Found 56,371 results