42 U.S.C. § 18118 — Rules of construction

Page 9140 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18115 1 See References in Text note below. 1 See References in Text note below. 1 See References in Text note below. (Pub. L. 111–148, title I, § 1554, Mar. 23, 2010, 124 Stat. 259.) 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. § 18115. Freedom not to participate in Federal health insurance programs No individual, company, business, nonprofit entity, or health insurance issuer offering group or individual health insurance coverage shall be required to participate in any Federal health in- surance program created under this Act (or any amendments made by this Act), or in any Fed- eral health insurance program expanded by this Act (or any such amendments), and there shall be no penalty or fine imposed upon any such issuer for choosing not to participate in such programs. (Pub. L. 111–148, title I, § 1555, Mar. 23, 2010, 124 Stat. 260.) 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. § 18116. Nondiscrimination (a) In general Except as otherwise provided for in this title 1 (or an amendment made by this title),1 an indi- vidual shall not, on the ground prohibited under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amend- ments of 1972 (20 U.S.C. 1681 et seq.), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), or section 794 of title 29, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any health program or activity, any part of which is receiv- ing Federal financial assistance, including cred- its, subsidies, or contracts of insurance, or under any program or activity that is administered by an Executive Agency or any entity established under this title 1 (or amendments). The enforce- ment mechanisms provided for and available under such title VI, title IX, section 794, or such Age Discrimination Act shall apply for purposes of violations of this subsection. (b) Continued application of laws Nothing in this title 1 (or an amendment made by this title) 1 shall be construed to invalidate or limit the rights, remedies, procedures, or legal standards available to individuals aggrieved under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 794 of title 29, or the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], or to supersede State laws that provide ad- ditional protections against discrimination on any basis described in subsection (a). (c) Regulations The Secretary may promulgate regulations to implement this section. (Pub. L. 111–148, title I, § 1557, Mar. 23, 2010, 124 Stat. 260.) Editorial Notes REFERENCES IN TEXT This title, referred to in subsecs. (a) and (b), is title I of Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 130, which enacted this chapter and enacted, amended, and trans- ferred numerous other sections and notes in the Code. For complete classification of title I to the Code, see Tables. The Civil Rights Act of 1964, referred to in subsecs. (a) and (b), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Titles VI and VII of the Act are classified generally to subchapters V (§ 2000d et seq.) and VI (§ 2000e et seq.), re- spectively, of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. The Education Amendments of 1972, referred to in subsecs. (a) and (b), is Pub. L. 92–318, June 23, 1972, 86 Stat. 235. Title IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified principally to chapter 38 (§ 1681 et seq.) of Title 20, Education. For complete classification of title IX to the Code, see Short Title note set out under sec- tion 1681 of Title 20 and Tables. The Age Discrimination Act of 1975, referred to in subsecs. (a) and (b), is title III of Pub. L. 94–135, Nov. 28, 1975, 89 Stat. 728, which is classified generally to chap- ter 76 (§ 6101 et seq.) of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 6101 of this title and Tables. § 18117. Oversight The Inspector General of the Department of Health and Human Services shall have oversight authority with respect to the administration and implementation of this title 1 as it relates to such Department. (Pub. L. 111–148, title I, § 1559, Mar. 23, 2010, 124 Stat. 261.) Editorial Notes REFERENCES IN TEXT This title, referred to 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 numer- ous other sections and notes in the Code. For complete classification of title I to the Code, see Tables. § 18118. Rules of construction (a) No effect on antitrust laws Nothing in this title 1 (or an amendment made by this title) 1 shall be construed to modify, im- pair, or supersede the operation of any of the antitrust laws. For the purposes of this section, the term ‘‘antitrust laws’’ has the meaning given such term in subsection (a) of section 12 of title 15, except that such term includes section 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,