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

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. 1219, which is classified generally to chapter 28 (§ 1001 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. § 18119. Small business procurement Part 19 of the Federal Acquisition Regulation, section 644 of title 15, and any other applicable laws or regulations establishing procurement re- quirements relating to small business concerns (as defined in section 632 of title 15) 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. (Pub. L. 111–148, title I, § 1563, as added Pub. L. 111–148, title X, § 10107(b)(2), Mar. 23, 2010, 124 Stat. 912.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 119, known as the Patient Protection and Affordable Care Act. For complete classification of this Act to the Code, see Short Title note set out under section 18001 of this title and Tables. CODIFICATION Another section 1563 of Pub. L. 111–148 enacted sec- tion 18120 of this title, section 9815 of Title 26, Internal Revenue Code, and section 1185d of Title 29, Labor, and amended sections 300gg–1 to 300gg–3, 300gg–9, 300gg–11, 300gg–12, 300gg–21 to 300gg–23, 300gg–25 to 300gg–28, 300gg–62, and 300gg–91 of this title. § 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 amend- ments made by this subtitle. (Pub. L. 111–148, title I, § 1563(d), formerly § 1562(d), title X, § 10107(b)(1), Mar. 23, 2010, 124 Stat. 269, 911.) Editorial Notes REFERENCES IN TEXT The Patient Protection and Affordable Care Act, re- ferred to in text, is Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 119. For complete classification of this Act to the Code, see Short Title note set out under section 18001 of this title and Tables. The amendments made by this subtitle, referred to in par. (2), mean the amendments made by subtitle G (§§ 1551–1563) of title I of Pub. L. 111–148, which enacted section 300jj–51 of this title, sections 4980H, 5000A, 6055, 6056, and 9815 of Title 26, Internal Revenue Code, and sections 218a to 218c and 1185d of Title 29, Labor, amended sections 300gg–1 to 300gg–3, 300gg–9, 300gg–11, 300gg–12, 300gg–21 to 300gg–23, 300gg–25 to 300gg–28, 300gg–62, and 300gg–91 of this title, sections 125 and 6724 of Title 26, and sections 921 and 932 of Title 30, Mineral Lands and Mining. CODIFICATION Another section 1563 of Pub. L. 111–148 is classified to section 18119 of this title. § 18121. Implementation funding (a) In general There is hereby established a Health Insurance Reform Implementation Fund (referred to in this section as the ‘‘Fund’’) within the Depart- ment of Health and Human Services to carry out the Patient Protection and Affordable Care Act and this Act (and the amendments made by such Acts). (b) Funding There is appropriated to the Fund, out of any funds in the Treasury not otherwise appro- priated, $1,000,000,000 for Federal administrative expenses to carry out such Act 1 (and the amend- ments made by such Acts). (Pub. L. 111–152, title I, § 1005, Mar. 30, 2010, 124 Stat. 1036.) Editorial Notes REFERENCES IN TEXT The Patient Protection and Affordable Care Act, re- ferred to in subsec. (a), is Pub. L. 111–148, Mar. 23, 2010,