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42 U.S.C. § 18119 — Small business procurement
Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 18119
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Stable record: federal_law:legal_authorities:record_usc_bdbf3d73b14cb498d0153f7c
Source file: Laws/federal/codes/united-states-code/title-42/section-18119-small-business-procurement--a0c8549409.md
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Source location: Title 42, Chapter 157, § 18119; chapter-157-quality-affordable-health-care-for-all-americans.md
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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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 18001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Small business procurements**
(1) **In general** — For purposes of this chapter, small business concerns shall receive any award or contract if such award or contract is, in the determination of the Administrator and the contracting agency, in the interest of—
(A) maintaining or mobilizing the full productive capacity of the United States;
(B) war or national defense programs; or
(C) assuring that a fair proportion of the total purchases and contracts for goods and services of the Government in each industry category (as defined under paragraph (2)) are awarded to small business concerns.
(2) **Industry category defined**
(A) *In general* — In this subsection, the term “industry category” means a discrete group of similar goods and services, as determined by the Administrator in accordance with the North American Industry Classification System codes used to establish small business size standards, except that the Administrator shall limit an industry category to a greater extent than provided under the North American Industry Classification System codes if the Administrator receives evidence indicating that further segmentation of the industry category is warranted—
(i) due to special capital equipment needs;
(ii) due to special labor requirements;
(iii) due to special geographic requirements, except as provided in subparagraph (B);
(iv) due to unique Federal buying patterns or requirements; or
(v) to recognize a new industry.
(B) *Exception for geographic requirements* — The Administrator may not further segment an industry category based on geographic requirements unless—
(i) the Government typically designates the geographic area where work for contracts for goods or services is to be performed;
(ii) Governmen
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 644
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 18120
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Small business concerns**
(1) **In general** — For the purposes of this chapter, a small-business concern, including but not limited to enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries, shall be deemed to be one which is independently owned and operated and which is not dominant in its field of operation.
(2) **Establishment of size standards**
(A) *In general* — In addition to the criteria specified in paragraph (1) and subject to the requirements specified under subparagraph (C), the Administrator may specify detailed definitions or standards by which a business concern may be determined to be a small business concern for the purposes of this chapter or any other Act.
(B) *Additional criteria* — The standards described in paragraph (1) may utilize number of employees, dollar volume of business, net worth, net income, a combination thereof, or other appropriate factors.
(C) *Requirements* — Unless specifically authorized by statute, no Federal department (including the Administration when acting pursuant to subparagraph (A)) or agency may prescribe a size standard for categorizing a business concern as a small business concern, unless such proposed size standard—
(i) is proposed after an opportunity for public notice and comment;
(ii) provides for determining—
(I) the size of a manufacturing concern as measured by the manufacturing concern’s average employment based upon employment during each of the manufacturing concern’s pay periods for the preceding 24 months;
(II) the size of a business concern providing services on the basis of the annual average gross receipts of the business concern over
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 632
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** Except as provided in subsection (b)—
(1) the provisions of part A of title XXVII of the Public Health Service Act (as amended by the Patient Protection and Affordable Care Act) shall apply to group health plans, and health insurance issuers providing health insurance coverage in connection with group health plans, as if included in this subchapter; and
(2) to the extent that any provision of this subchapter conflicts with a provision of such part A with respect to group health plans, or health insurance issuers providing health insurance coverage in connection with group health plans, the provisions of such part A shall apply.
**(b) Exception** Notwithstanding subsection (a), the provisions of sections 2716 and 2718 of title XXVII of the Public Health Service Act (as amended by the Patient Protection and Affordable Care Act) shall not apply with respect to self-insured group health plans, and the provisions of this subchapter shall continue to apply to such plans as if such sections of the Public Health Service Act (as so amended) had not been enacted.
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 9815
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** Except as provided in subsection (b)—
(1) the provisions of part A of title XXVII of the Public Health Service Act [[42 U.S.C. 300gg](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300gg&num=0&edition=prelim) et seq.] (as amended by the Patient Protection and Affordable Care Act) shall apply to group health plans, and health insurance issuers providing health insurance coverage in connection with group health plans, as if included in this subpart; and
(2) to the extent that any provision of this part conflicts with a provision of such part A with respect to group health plans, or health insurance issuers providing health insurance coverage in connection with group health plans, the provisions of such part A shall apply.
**(b) Exception** Notwithstanding subsection (a), the provisions of sections 2716 and 2718 of title XXVII of the Public Health Service Act [[42 U.S.C. 300gg–16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300gg–16&num=0&edition=prelim), 300gg–18] (as amended by the Patient Protection and Affordable Care Act) shall not apply with respect to self-insured group health plans, and the provisions of this part shall continue to apply to such plans as if such sections of the Public Health Service Act (as so amended) had not been enacted.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1185d
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 18119
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.