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28 U.S.C. § 2646 — Retrial or rehearing

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

28 U.S.C. § 2646 — Retrial or rehearing

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Stable record: federal_law:legal_authorities:usc2024-7bebd7e1afb4d5e42c605271
Source file: Laws/federal/codes/united-states-code-2024/title-28/section-2646-retrial-or-rehearing--3703a1c740.md
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Source location: USCODE-2024-title28-partVI-chap169-sec2646.pdf

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Page 637 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE [§ 2647 a notice of appeal with the clerk of the Court of Inter- national Trade within the time and in the manner pre- scribed for appeals to United States courts of appeals from the United States district courts’’ for ‘‘is taken to the Court of Customs and Patent Appeals within the time and in the manner provided in section 2601 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title. § 2646. Retrial or rehearing After the Court of International Trade has rendered a judgment or order, the court may, upon the motion of a party or upon its own mo- tion, grant a retrial or rehearing, as the case may be. A motion of a party or the court shall be made not later than thirty days after the date of entry of the judgment or order. (Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1739.) [§ 2647. Repealed. Pub. L. 98–620, title IV, § 402(29)(G), Nov. 8, 1984, 98 Stat. 3359] Section, added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1739; amended Pub. L. 98–573, title VI, § 623(b)(2), Oct. 30, 1984, 98 Stat. 3041, related to prece- dence of cases. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of this title. CHAPTER 171—TORT CLAIMS PROCEDURE Sec. 2671. Definitions. 2672. Administrative adjustment of claims. 2673. Reports to Congress. 2674. Liability of United States. 2675. Disposition by federal agency as prerequisite; evidence. 2676. Judgment as bar. 2677. Compromise. 2678. Attorney fees; penalty. 2679. Exclusiveness of remedy. 2680. Exceptions. SENATE REVISION AMENDMENT As printed in this report, this chapter should have read ‘‘173’’ and not ‘‘171’’. It was properly numbered ‘‘173’’ in the bill. However, the chapter was renumbered ‘‘171’’, without change in its section numbers, by Sen- ate amendment. See 80th Congress Senate Report No. 1559. Editorial Notes AMENDMENTS 1966—Pub. L. 89–506, § 9(b), July 18, 1966, 80 Stat. 308, substituted ‘‘claims’’ for ‘‘claims of $2,500 or less’’ in item 2672. 1959—Pub. L. 86–238, § 1(2), Sept. 8, 1959, 73 Stat. 472, substituted ‘‘$2,500’’ for ‘‘$1,000’’ in item 2672. Statutory Notes and Related Subsidiaries FEDERAL CAUSE OF ACTION RELATING TO WATER AT CAMP LEJEUNE, NORTH CAROLINA Pub. L. 117–168, title VIII, § 804, Aug. 10, 2022, 136 Stat. 1802, provided that: ‘‘(a) SHORT TITLE.—This section may be cited as the ‘Camp Lejeune Justice Act of 2022’. ‘‘(b) IN GENERAL.—An individual, including a veteran (as defined in section 101 of title 38, United States Code), or the legal representative of such an individual, who resided, worked, or was otherwise exposed (includ- ing in utero exposure) for not less than 30 days during the period beginning on August 1, 1953, and ending on December 31, 1987, to water at Camp Lejeune, North Carolina, that was supplied by, or on behalf of, the United States may bring an action in the United States District Court for the Eastern District of North Caro- lina to obtain appropriate relief for harm that was caused by exposure to the water at Camp Lejeune. ‘‘(c) BURDENS AND STANDARD OF PROOF.— ‘‘(1) IN GENERAL.—The burden of proof shall be on the party filing the action to show one or more rela- tionships between the water at Camp Lejeune and the harm. ‘‘(2) STANDARDS.—To meet the burden of proof de- scribed in paragraph (1), a party shall produce evi- dence showing that the relationship between expo- sure to the water at Camp Lejeune and the harm is— ‘‘(A) sufficient to conclude that a causal relation- ship exists; or ‘‘(B) sufficient to conclude that a causal relation- ship is at least as likely as not. ‘‘(d) EXCLUSIVE JURISDICTION AND VENUE.—The United States District Court for the Eastern District of North Carolina shall have exclusive jurisdiction over any ac- tion filed under subsection (b), and shall be the exclu- sive venue for such an action. Nothing in this sub- section shall impair the right of any party to a trial by jury. ‘‘(e) EXCLUSIVE REMEDY.— ‘‘(1) IN GENERAL.—An individual, or legal represent- ative of an individual, who brings an action under this section for a harm described in subsection (b), in- cluding a latent disease, may not thereafter bring a tort action against the United States for such harm pursuant to any other law. ‘‘(2) HEALTH AND DISABILITY BENEFITS RELATING TO WATER EXPOSURE.—Any award made to an individual, or legal representative of an individual, under this section shall be offset by the amount of any dis- ability award, payment, or benefit provided to the in- dividual, or legal representative— ‘‘(A) under— ‘‘(i) any program under the laws administered by the Secretary of Veterans Affairs; ‘‘(ii) the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); or ‘‘(iii) the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); and ‘‘(B) in connection with health care or a dis- ability relating to exposure to the water at Camp Lejeune. ‘‘(f) IMMUNITY LIMITATION.—The United States may not assert any claim to immunity in an action under this section that would otherwise be available under section 2680(a) of title 28, United States Code. ‘‘(g) NO PUNITIVE DAMAGES.—Punitive damages may not be awarded in any action under this section. ‘‘(h) DISPOSITION BY FEDERAL AGENCY REQUIRED.—An individual may not bring an action under this section before complying with section 2675 of title 28, United States Code. ‘‘(i) EXCEPTION FOR COMBATANT ACTIVITIES.—This sec- tion does not apply to any claim or action arising out of the combatant activities of the Armed Forces. ‘‘(j) APPLICABILITY; PERIOD FOR FILING.— ‘‘(1) APPLICABILITY.—This section shall apply only to a claim accruing before the date of enactment of this Act [Aug. 10, 2022]. ‘‘(2) STATUTE OF LIMITATIONS.—A claim in an action under this section may not be commenced after the later of— ‘‘(A) the date that is two years after the date of enactment of this Act; or

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

28 U.S.C. § 2646 — Retrial or rehearing

After the Court of International Trade has rendered a judgment or order, the court may, upon the motion of a party or upon its own motion, grant a retrial or rehearing, as the case may be. A motion of a party or the court shall be made not later than thirty days after the date of entry of the judgment or order.

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

42 U.S.C. § 1395 — Conditions of participation for home health agencies; home health quality

**(a) Conditions of participation; protection of individual rights; notification of State entities; use of home health aides; medical equipment; individual’s plan of care; compliance with Federal, State, and local laws and regulations** The conditions of participation that a home health agency is required to meet under this subsection are as follows: (1) The agency protects and promotes the rights of each individual under its care, including each of the following rights: (A) The right to be fully informed in advance about the care and treatment to be provided by the agency, to be fully informed in advance of any changes in the care or treatment to be provided by the agency that may affect the individual’s well-being, and (except with respect to an individual adjudged incompetent) to participate in planning care and treatment or changes in care or treatment. (B) The right to voice grievances with respect to treatment or care that is (or fails to be) furnished without discrimination or reprisal for voicing grievances. (C) The right to confidentiality of the clinical records described in section 1395x(o)(3) of this title. (D) The right to have one’s property treated with respect. (E) The right to be fully informed orally and in writing (in advance of coming under the care of the agency) of— (i) all items and services furnished by (or under arrangements with) the agency for which payment may be made under this subchapter, (ii) the coverage available for such items and services under this subchapter, subchapter XIX, and any other Federal program of which the agency is reasonably aware, (iii) any charges for items and services not covered under this subchapter and any charges the individual may have to pay with respect to items and services furn

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395

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

42 U.S.C. § 1395 — Prohibition against any Federal inter-

Page 2893 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1395a (i) shared savings and competitive bidding in FFS Medicare; (ii) use of MA-negotiated rates to set FFS Medicare rates; and (iii) novel approaches to information development and sharing that may enable markets to lower cost and improve quality for FFS Medicare beneficiaries. SEC. 10. Reducing Obstacles to Improved Patient Care. Within 1 year of the date of this order, the Secretary shall propose regulatory changes to the Medicare pro- gram to reduce the burden on providers and eliminate regulations that create inefficiencies or otherwise un- dermine patient outcomes. SEC. 11. Maximizing Freedom for Medicare Patients and Providers. (a) Within 180 days of the date of this order, the Secretary, in coordination with the Commissioner of Social Security, shall revise current rules or policies to preserve the Social Security retirement insurance benefits of seniors who choose not to receive benefits under Medicare Part A, and propose other administra- tive improvements to Medicare enrollment processes for beneficiaries. (b) Within 1 year of the date of this order, the Sec- retary shall identify and remove unnecessary barriers to private contracts that allow Medicare beneficiaries to obtain the care of their choice and facilitate the de- velopment of market-driven prices. SEC. 12. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1395

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395. This identifies an authority to review, not proof of applicability.

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

42 U.S.C. § 1396 — Medicaid and CHIP Payment and Access Commission

**(a) Establishment** There is hereby established the Medicaid and CHIP Payment and Access Commission (in this section referred to as “MACPAC”). **(b) Duties** (1) **Review of access policies for all States and annual reports** — MACPAC shall— (A) review policies of the Medicaid program established under this subchapter (in this section referred to as “Medicaid”) and the State Children’s Health Insurance Program established under subchapter XXI (in this section referred to as “CHIP”) affecting access to covered items and services, including topics described in paragraph (2); (B) make recommendations to Congress, the Secretary, and States concerning such access policies; (C) by not later than March 15 of each year (beginning with 2010), submit a report to Congress containing the results of such reviews and MACPAC’s recommendations concerning such policies; and (D) by not later than June 15 of each year (beginning with 2010), submit a report to Congress containing an examination of issues affecting Medicaid and CHIP, including the implications of changes in health care delivery in the United States and in the market for health care services on such programs. (2) **Specific topics to be reviewed** — Specifically, MACPAC shall review and assess the following: (A) *Medicaid and CHIP payment policies* — Payment policies under Medicaid and CHIP, including— (i) the factors affecting expenditures for the efficient provision of items and services in different sectors, including the process for updating payments to medical, dental, and health professionals, hospitals, residential and long-term care providers, providers of home and community based services, Federally-qualified health centers and rural health clinics, managed care entities, and providers of ot

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396

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

42 U.S.C. § 1396 — Medicaid and CHIP Payment and Access

Page 4009 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396 of the enactment of this Act [Oct. 6, 2014], the Sec- retary shall develop and report to Congress on a stra- tegic plan for collecting or otherwise accessing data on race and ethnicity for purposes of specifying quality measures and resource use and other measures under subsections (c) and (d) of section 1899B of the Social Se- curity Act, as added by subsection (a), and, as the Sec- retary determines appropriate, other similar provisions of, including payment adjustments under, title XVIII of such Act (42 U.S.C. 1395 et seq.).’’ SUBCHAPTER XIX—GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS § 1396. Medicaid and CHIP Payment and Access Commission (a) Establishment There is hereby established the Medicaid and CHIP Payment and Access Commission (in this section referred to as ‘‘MACPAC’’). (b) Duties (1) Review of access policies for all States and annual reports MACPAC shall— (A) review policies of the Medicaid pro- gram established under this subchapter (in this section referred to as ‘‘Medicaid’’) and the State Children’s Health Insurance Pro- gram established under subchapter XXI (in this section referred to as ‘‘CHIP’’) affecting access to covered items and services, includ- ing topics described in paragraph (2); (B) make recommendations to Congress, the Secretary, and States concerning such access policies; (C) by not later than March 15 of each year (beginning with 2010), submit a report to Congress containing the results of such re- views and MACPAC’s recommendations con- cerning such policies; and (D) by not later than June 15 of each year (beginning with 2010), submit a report to Congress containing an examination of issues affecting Medicaid and CHIP, includ- ing the impli

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1396

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1396. This identifies an authority to review, not proof of applicability.