Browse Arkansas Code titles and sections
42 U.S.C. § 300e–10 — Restrictive State laws and practices
Federal law — U.S. Code and appendices · legal_authorities
**(a) Entities operating as health maintenance organizations** In the case of any entity—
(1) which cannot do business as a health maintenance organization in a State in which it proposes to furnish basic and supplemental health services because that State by law, regulation, or otherwise—
(A) requires as a condition to doing business in that State that a medical society approve the furnishing of services by the entity,
(B) requires that physicians constitute all or a percentage of its governing body,
(C) requires that all physicians or a percentage of physicians in the locale participate or be permitted to participate in the provision of services for the entity,
(D) requires that the entity meet requirements for insurers of health care services doing business in that State respecting initial capitalization and establishment of financial reserves against insolvency, or
(E) imposes requirements which would prohibit the entity from complying with the requirements of this subchapter, and
(2) for which a grant, contract, loan, or loan guarantee was made under this subchapter or which is 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) (relating to employees’ health benefits plans),
such requirements shall not apply to that entity so as to prevent it from operating as a health maintenance organization in accordance with [section 300e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300e&num=0&edition=prelim).
**(b) Advertising** No State may establish or enforce any law which prevents a health maintenance organization for which a grant, contract, loan, or loan guarantee w
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300e–10
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: d9a83b5ecc4f7328d20faa7a1a15f215f7fc353e42294504d658a12b87fdf99f. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Record provenance
Stable record: federal_law:legal_authorities:record_usc_f0d00ec4db52de4d7ecf38b3
Source file: Laws/federal/codes/united-states-code/title-42/section-300e10-restrictive-state-laws-and-practices--c35aaf7c8e.md
Pages: Not recorded – Not recorded
Passage SHA-256: 6bc0c6ccc0b6e947a8dcaa67aadc649c6625ff59b09602d09c65cc4f5dddf27b
Source location: Title 42, Chapter 6A, § 300e–10; chapter-6a-public-health-service.md
Stored source content
**(a) Entities operating as health maintenance organizations** In the case of any entity—
(1) which cannot do business as a health maintenance organization in a State in which it proposes to furnish basic and supplemental health services because that State by law, regulation, or otherwise—
(A) requires as a condition to doing business in that State that a medical society approve the furnishing of services by the entity,
(B) requires that physicians constitute all or a percentage of its governing body,
(C) requires that all physicians or a percentage of physicians in the locale participate or be permitted to participate in the provision of services for the entity,
(D) requires that the entity meet requirements for insurers of health care services doing business in that State respecting initial capitalization and establishment of financial reserves against insolvency, or
(E) imposes requirements which would prohibit the entity from complying with the requirements of this subchapter, and
(2) for which a grant, contract, loan, or loan guarantee was made under this subchapter or which is 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) (relating to employees’ health benefits plans),
such requirements shall not apply to that entity so as to prevent it from operating as a health maintenance organization in accordance with [section 300e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300e&num=0&edition=prelim).
**(b) Advertising** No State may establish or enforce any law which prevents a health maintenance organization for which a grant, contract, loan, or loan guarantee was made under this subchapter or which is 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) (relating to employees’ health benefits plans), from soliciting members through advertising its services, charges, or other nonprofessional aspects of its operation. This subsection does not authorize any advertising which identifies, refers to, or makes any qualitative judgement concerning, any health professional who provides services for a health maintenance organization.
**(c) Digest of State laws, regulations, and practices; legal consultative assistance** The Secretary shall, within 6 months after October 8, 1976, develop a digest of State laws, regulations, and practices pertaining to development, establishment, and operation of health maintenance organizations which shall be updated at least annually and relevant sections of which shall be provided to the Governor of each State annually. Such digest shall indicate which State laws, regulations, and practices appear to be inconsistent with the operation of this section. The Secretary shall also insure that appropriate legal consultative assistance is available to the States for the purpose of complying with the provisions of this section.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Permanent or temporary promotions; examination** Promotions of officers of the Regular Corps to any grade up to and including the director grade shall be either permanent promotions based on length of service, other permanent promotions to fill vacancies, or temporary promotions. Permanent promotions shall be made by the President, and temporary promotions shall be made by the President. Each permanent promotion shall be to the next higher grade, and shall be made only after examination given in accordance with regulations of the President.
**(b) Promotion to certain grades only to fill vacancies; regulations; “restricted grade” defined** The President may by regulation provide that in a specified professional category permanent promotions to the senior grade, or to both the full grade and the senior grade, shall be made only if there are vacancies in such grade. A grade in any category with respect to which such regulations have been issued is referred to in this section as a “restricted grade”.
**(c) Examinations** Examinations to determine qualification for permanent promotions may be either noncompetitive or competitive, as the Surgeon General shall in each case determine; except that examinations for promotions to the assistant or senior assistant grade shall in all cases be noncompetitive. The officers to be examined shall be selected by the Surgeon General from the professional category, and in the order of seniority in the grade, from which promotion is to be recommended. In the case of a competitive examination the Surgeon General shall determine in advance of the examination the number (which may be one or more) of officers who, after passing the examination, will be recommended to the President for promotion; but if the examination is one for promotio
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 211a
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.