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42 U.S.C. § 300e–11 — Continued regulation of health maintenance organizations

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

42 U.S.C. § 300e–11 — Continued regulation of health maintenance organizations

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300e–11

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Stable record: federal_law:legal_authorities:record_usc_cceac7ec1f754a7e6fc6d611
Source file: Laws/federal/codes/united-states-code/title-42/section-300e11-continued-regulation-of-health-maintenance-organizations--0e9f48aa37.md
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Source location: Title 42, Chapter 6A, § 300e–11; chapter-6a-public-health-service.md

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**(a) Determination of deficiency** If the Secretary determines that an entity which received a grant, contract, loan, or loan guarantee under this subchapter as a health maintenance organization or which was included in a health benefits plan offered to employees pursuant to [section 300e–9 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300e-9&num=0&edition=prelim)— (1) fails to provide basic and supplemental services to its members, (2) fails to provide such services in the manner prescribed by [section 300e(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300e/b&num=0&edition=prelim), or (3) is not organized or operated in the manner prescribed by [section 300e(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300e/c&num=0&edition=prelim), the Secretary may take the action authorized by subsection (b). **(b) Action by Secretary upon determination** (1) If the Secretary makes, with respect to any entity which provided assurances to the Secretary under section 300e–9(d)(1) 11 See References in Text note below. of this title, a determination described in subsection (a), the Secretary shall notify the entity in writing of the determination. Such notice shall specify the manner in which the entity has not complied with such assurances and direct that the entity initiate (within 30 days of the date the notice is issued by the Secretary or within such longer period as the Secretary determines is reasonable) such action as may be necessary to bring (within such period as the Secretary shall prescribe) the entity into compliance with the assurances. If the entity fails to initiate corrective action within the period prescribed by the notice or fails to comply with the assurances within such period as the Secretary prescribes, then after the Secretary provides the entity a reasonable opportunity for reconsideration of his determination, including, at the entity’s election, a fair hearing (A) the entity shall not be a qualified health maintenance organization for purposes of [section 300e–9 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300e-9&num=0&edition=prelim) until such date as the Secretary determines that it is in compliance with the assurances, and (B) each employer which has offered membership in the entity in compliance with [section 300e–9 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300e-9&num=0&edition=prelim), each lawfully recognized collective bargaining representative or other employee representative which represents the employees of each such employer, and the members of such entity shall be notified by the entity that the entity is not a qualified health maintenance organization for purposes of such section. The notice required by clause (B) of the preceding sentence shall contain, in readily understandable language, the reasons for the determination that the entity is not a qualified health maintenance organization. The Secretary shall publish in the Federal Register each determination referred to in this paragraph. (2) If the Secretary makes, with respect to an entity which has received a grant, contract, loan, or loan guarantee under this subchapter, a determination described in subsection (a), the Secretary may, in addition to any other remedies available to him, bring a civil action in the United States district court for the district in which such entity is located to enforce its compliance with the assurances it furnished respecting the provision of basic and supplemental health services or its organization or operation, as the case may be, which assurances were made in connection with its application under this subchapter for the grant, contract, loan, or loan guarantee.

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

42 U.S.C. § 212a — Retirement of commissioned officers

**(a) Age; voluntariness; length of service; computation of retired pay** (1) A commissioned officer of the Regular Corps shall, if he applies for retirement, be retired on or after the first day of the month following the month in which he attains the age of sixty-four years. This paragraph does not permit or require the involuntary retirement of any individual because of the age of the individual. (2) A commissioned officer of the Regular Corps may be retired by the Secretary, and shall be retired if he applies for retirement, on the first day of any month after completion of thirty years of active service. (3) Any commissioned officer of the Regular Corps who has had less than thirty years of active service may be retired by the Secretary, with or without application by the officer, on the first day of any month after completion of twenty or more years of active service of which not less than ten are years of active commissioned service in any of the uniformed services. (4) Except as provided in paragraph (6), a commissioned officer retired pursuant to paragraph (1), (2), or (3) who was on active duty with the Regular Corps on the day preceding such retirement shall be entitled to receive retired pay calculated by multiplying the retired pay base determined under [section 1406 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1406&num=0&edition=prelim) by the retired pay multiplier determined under section 1409 of such title for the numbers of years of service credited to the officer under this paragraph and in which, in the case of a temporary promotion to such grade, he has performed active duty for not less than six months, (A) for each year of active service, or (B) if it results in higher retired pay, for each of the fo

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 212a

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

42 U.S.C. § 300e — Requirements of health maintenance organizations

**(a) “Health maintenance organization” defined** For purposes of this subchapter, the term “health maintenance organization” means a public or private entity which is organized under the laws of any State and which (1) provides basic and supplemental health services to its members in the manner prescribed by subsection (b), and (2) is organized and operated in the manner prescribed by subsection (c). **(b) Manner of supplying basic and supplemental health services to members** A health maintenance organization shall provide, without limitations as to time or cost other than those prescribed by or under this subchapter, basic and supplemental health services to its members in the following manner: (1) Each member is to be provided basic health services for a basic health services payment which (A) is to be paid on a periodic basis without regard to the dates health services (within the basic health services) are provided; (B) is fixed without regard to the frequency, extent, or kind of health service (within the basic health services) actually furnished; (C) except in the case of basic health services provided a member who is a full-time student (as defined by the Secretary) at an accredited institution of higher education, is fixed under a community rating system; and (D) may be supplemented by additional nominal payments which may be required for the provision of specific services (within the basic health services), except that such payments may not be required where or in such a manner that they serve (as determined under regulations of the Secretary) as a barrier to the delivery of health services. Such additional nominal payments shall be fixed in accordance with the regulations of the Secretary. If a health maintenance organization offers to its members the oppo

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300e

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