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42 U.S.C. § 18120 — Application

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 18120 — Application

Notwithstanding any other provision of the Patient Protection and Affordable Care Act, nothing in such Act (or an amendment made by such Act) shall be construed to— (1) prohibit (or authorize the Secretary of Health and Human Services to promulgate regulations that prohibit) a group health plan or health insurance issuer from carrying out utilization management techniques that are commonly used as of March 23, 2010; or (2) restrict the application of the amendments made by this subtitle.

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Source file: Laws/federal/codes/united-states-code/title-42/section-18120-application--dd9f69bd3a.md
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Source location: Title 42, Chapter 157, § 18120; chapter-157-quality-affordable-health-care-for-all-americans.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 18001 — Immediate access to insurance for uninsured individuals with a preexisting condition

**(a) In general** Not later than 90 days after March 23, 2010, the Secretary shall establish a temporary high risk health insurance pool program to provide health insurance coverage for eligible individuals during the period beginning on the date on which such program is established and ending on January 1, 2014. **(b) Administration** (1) **In general** — The Secretary may carry out the program under this section directly or through contracts to eligible entities. (2) **Eligible entities** — To be eligible for a contract under paragraph (1), an entity shall— (A) be a State or nonprofit private entity; (B) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and (C) agree to utilize contract funding to establish and administer a qualified high risk pool for eligible individuals. (3) **Maintenance of effort** — To be eligible to enter into a contract with the Secretary under this subsection, a State shall agree not to reduce the annual amount the State expended for the operation of one or more State high risk pools during the year preceding the year in which such contract is entered into. **(c) Qualified high risk pool** (1) **In general** — Amounts made available under this section shall be used to establish a qualified high risk pool that meets the requirements of paragraph (2). (2) **Requirements** — A qualified high risk pool meets the requirements of this paragraph if such pool— (A) provides to all eligible individuals health insurance coverage that does not impose any preexisting condition exclusion with respect to such coverage; (B) provides health insurance coverage— (i) in which the issuer’s share of the total allowed costs of benefits provided under such co

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 18119 — Small business procurement

Part 19 of the Federal Acquisition Regulation, [section 644 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim), and any other applicable laws or regulations establishing procurement requirements relating to small business concerns (as defined in [section 632 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section632&num=0&edition=prelim)) may not be waived with respect to any contract awarded under any program or other authority under this Act or an amendment made by this Act.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 18120 — Application

Page 9141 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18121 1 So in original. Probably should be ‘‘Acts’’. 45 of title 15 to the extent that such section 45 applies to unfair methods of competition. (b) Rule of construction regarding Hawaii’s Pre- paid Health Care Act Nothing in this title 1 (or an amendment made by this title) 1 shall be construed to modify or limit the application of the exemption for Ha- waii’s Prepaid Health Care Act (Haw. Rev. Stat. §§ 393–1 et seq.) as provided for under section 1144(b)(5) of title 29. (c) Student health insurance plans Nothing in this title 1 (or an amendment made by this title) 1 shall be construed to prohibit an institution of higher education (as such term is defined for purposes of the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.]) from offering a student health insurance plan, to the extent that such requirement is otherwise permitted under applicable Federal, State or local law. (d) No effect on existing requirements Nothing in this title 1 (or an amendment made by this title,1 unless specified by direct statu- tory reference) shall be construed to modify any existing Federal requirement concerning the State agency responsible for determining eligi- bility for programs identified in section 18083 of this title. (Pub. L. 111–148, title I, § 1560, Mar. 23, 2010, 124 Stat. 261.) Editorial Notes REFERENCES IN TEXT This title, where footnoted in text, is title I of Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 130, which enacted this chapter and enacted, amended, and transferred nu- merous other sections and notes in the Code. For com- plete classification of title I to the Code, see Tables. The Higher Education Act of 1965, referred to in sub- sec. (c), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 12

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