US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 42USC1302]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE 
                             SIMPLIFICATION
 
                       Part A--General Provisions
 
Sec. 1302. Rules and regulations; impact analyses of Medicare 
        and Medicaid rules and regulations on small rural hospitals
        
    (a) The Secretary of the Treasury, the Secretary of Labor, and the 
Secretary of Health and Human Services, respectively, shall make and 
publish such rules and regulations, not inconsistent with this chapter, 
as may be necessary to the efficient administration of the functions 
with which each is charged under this chapter.
    (b)(1) Whenever the Secretary publishes a general notice of proposed 
rulemaking for any rule or regulation proposed under subchapter XVIII of 
this chapter, subchapter XIX of this chapter, or part B of this 
subchapter that may have a significant impact on the operations of a 
substantial number of small rural hospitals, the Secretary shall prepare 
and make available for public comment an initial regulatory impact 
analysis. Such analysis shall describe the impact of the proposed rule 
or regulation on such hospitals and shall set forth, with respect to 
small rural hospitals, the matters required under section 603 of title 5 
to be set forth with respect to small entities. The initial regulatory 
impact analysis (or a summary) shall be published in the Federal 
Register at the time of the publication of general notice of proposed 
rulemaking for the rule or regulation.
    (2) Whenever the Secretary promulgates a final version of a rule or 
regulation with respect to which an initial regulatory impact analysis 
is required by paragraph (1), the Secretary shall prepare a final 
regulatory impact analysis with respect to the final version of such 
rule or regulation. Such analysis shall set forth, with respect to small 
rural hospitals, the matters required under section 604 of title 5 to be 
set forth with respect to small entities. The Secretary shall make 
copies of the final regulatory impact analysis available to the public 
and shall publish, in the Federal Register at the time of publication of 
the final version of the rule or regulation, a statement describing how 
a member of the public may obtain a copy of such analysis.
    (3) If a regulatory flexibility analysis is required by chapter 6 of 
title 5 for a rule or regulation to which this subsection applies, such 
analysis shall specifically address the impact of the rule or regulation 
on small rural hospitals.

(Aug. 14, 1935, ch. 531, title XI, Sec. 1102, 49 Stat. 647; Aug. 28, 
1950, ch. 809, title IV, Sec. 403(c), 64 Stat. 559; Pub. L. 98-369, div. 
B, title VI, Sec. 2663(j)(2)(D)(i), (l)(2), July 18, 1984, 98 Stat. 
1170, 1171; Pub. L. 100-203, title IV, Sec. 4402(a), Dec. 22, 1987, 101 
Stat. 1330-226.)

                       References in Text

    Part B of this subchapter, referred to in subsec. (b)(1), is 
classified to section 1320c et seq. of this title.


                               Amendments

    1987--Pub. L. 100-203 designated existing provision as subsec. (a) 
and added subsec. (b).
    1984--Pub. L. 98-369, Sec. 2663(l)(2), substituted ``Secretary of 
Health, Education, and Welfare'' for ``Federal Security Administrator'' 
immediately prior to the substitution of ``Health and Human Services'' 
for ``Health, Education, and Welfare'' by Pub. L. 98-369, 
Sec. 2663(j)(2)(D)(i).
    1950--Act Aug. 28, 1950, substituted ``Federal Security 
Administrator'' for ``Social Security Board''.


                    Effective Date of 1987 Amendment

    Section 4402(b) of Pub. L. 100-203 provided that: ``The amendments 
made by paragraph (1) [probably means subsec. (a), amending this 
section] shall apply to regulations proposed more than 30 days after the 
date of the enactment of this Act [Dec. 22, 1987].''


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-369 effective July 18, 1984, but not to be 
construed as changing or affecting any right, liability, status, or 
interpretation which existed (under the provisions of law involved) 
before that date, see section 2664(b) of Pub. L. 98-369, set out as a 
note under section 401 of this title.


                                 Repeals

    The provisions of this section were incorporated into sections 1429 
and 1609 of former Title 26, Internal Revenue Code of 1939, by act Feb. 
10, 1939, ch. 2, 53 Stat. 1. Section 4 of the act of Feb. 10, 1939, 
which enacted Title 26, I.R.C. 1939, provided that all laws and parts of 
laws codified into the I.R.C. 1939, to the extent that they related 
exclusively to internal revenue, were repealed. Provisions of I.R.C. 
1939 were generally repealed by section 7851 of Title 26, Internal 
Revenue Code of 1954. See also, section 7807 of said Title 26, I.R.C. 
1954, respecting rules in effect upon enactment of I.R.C. 1954. The 
I.R.C. 1954 was redesignated I.R.C. 1986 by Pub. L. 99-514, Sec. 2, Oct. 
22, 1986, 100 Stat. 2095. The repealed sections are covered by section 
7805(a), (c) of Title 26.


        Abortion Services; Prohibition on Certain Policy Changes

    Pub. L. 100-517, Sec. 9, Oct. 24, 1988, 102 Stat. 2583, provided 
that: ``With respect to abortion services, the Secretary of Health and 
Human Services shall not promulgate or issue any regulations, policy 
statements, or interpretations or develop any practices concerning the 
performance of medically necessary procedures if such regulations, 
policy statements, interpretations, or practices would be inconsistent 
with regulations, policy statements, interpretations, or practices in 
effect on the date of the enactment of this Act [Oct. 24, 1988].''


                    Notice on Social Security Checks

    Pub. L. 98-473, title II, Sec. 1212, Oct. 12, 1984, 98 Stat. 2165, 
provided that:
    ``(a) The Secretary of the Treasury shall take such steps as may be 
necessary to provide that all checks issued for payment of benefits 
under title II of the Social Security Act [subchapter II of this 
chapter], and the envelopes in which such checks are mailed, contain a 
printed notice that the commission of forgery in conjunction with the 
cashing or attempted cashing of such checks constitutes a violation of 
Federal law. Such notice shall also state the maximum penalties for 
forgery under the applicable provisions of title 18 of the United States 
Code.
    ``(b) Subsection (a) shall apply with respect to checks issued for 
months after the ninth month after the date of the enactment of this Act 
[Oct. 12, 1984].''

                  Section Referred to in Other Sections

    This section is referred to in sections 912, 1395ff of this title.