Title 42 — The Public Health and WelfareRelease 119-73
§1302 Rules and regulations; impact analyses of Medicare and Medicaid rules and regulations on small rural hospitals
Title 42 › Chapter CHAPTER 7— - SOCIAL SECURITY › Subchapter SUBCHAPTER XI— - GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE SIMPLIFICATION › Part Part A— - General Provisions › § 1302
Summary
The Treasury, Labor, and Health and Human Services Secretaries must create and publish any rules they need to run the programs covered by this chapter. When the Secretary publishes a general notice of proposed rulemaking under subchapter XVIII, subchapter XIX, or part B that could significantly affect many small rural hospitals, the Secretary must prepare an initial regulatory impact analysis and open it for public comment. That analysis must describe the effects on small rural hospitals and include the items required by section 603 of title 5. The analysis (or a summary) must appear in the Federal Register with the notice. When the final rule is issued, the Secretary must prepare a final regulatory impact analysis including the items in section 604 of title 5, make copies available to the public, and publish in the Federal Register how to get a copy. If a regulatory flexibility analysis is required under chapter 6 of title 5, it must specifically address small rural hospitals.
Full Legal Text
Title 42, §1302
The Public Health and Welfare — Source: USLM XML via OLRC
(a)The Secretary of the Treasury, the Secretary of Labor, and the Secretary of Health and Human Services, respectively, shall make and publish such rules and regulations, not inconsistent with this chapter, as may be necessary to the efficient administration of the functions with which each is charged under this chapter.
(b)(1)Whenever the Secretary publishes a general notice of proposed rulemaking for any rule or regulation proposed under subchapter XVIII, subchapter XIX, or part B of this subchapter that may have a significant impact on the operations of a substantial number of small rural hospitals, the Secretary shall prepare and make available for public comment an initial regulatory impact analysis. Such analysis shall describe the impact of the proposed rule or regulation on such hospitals and shall set forth, with respect to small rural hospitals, the matters required under section 603 of title 5 to be set forth with respect to small entities. The initial regulatory impact analysis (or a summary) shall be published in the Federal Register at the time of the publication of general notice of proposed rulemaking for the rule or regulation.
(2)Whenever the Secretary promulgates a final version of a rule or regulation with respect to which an initial regulatory impact analysis is required by paragraph (1), the Secretary shall prepare a final regulatory impact analysis with respect to the final version of such rule or regulation. Such analysis shall set forth, with respect to small rural hospitals, the matters required under section 604 of title 5 to be set forth with respect to small entities. The Secretary shall make copies of the final regulatory impact analysis available to the public and shall publish, in the Federal Register at the time of publication of the final version of the rule or regulation, a statement describing how a member of the public may obtain a copy of such analysis.
(3)If a regulatory flexibility analysis is required by chapter 6 of title 5 for a rule or regulation to which this subsection applies, such analysis shall specifically address the impact of the rule or regulation on small rural hospitals.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
1987—Pub. L. 100–203 designated existing provision as subsec. (a) and added subsec. (b). 1984—Pub. L. 98–369, § 2663(l)(2), substituted “Secretary of Health, Education, and Welfare” for “Federal Security Administrator” immediately prior to the substitution of “Health and Human Services” for “Health, Education, and Welfare” by Pub. L. 98–369, § 2663(j)(2)(D)(i). 1950—Act Aug. 28, 1950, substituted “Federal Security Administrator” for “Social Security Board”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1987 Amendment Pub. L. 100–203, title IV, § 4402(b), Dec. 22, 1987, 101 Stat. 1330–226, provided that: “The
Amendments
made by paragraph (1) [probably means subsec. (a), amending this section] shall apply to
Regulations
proposed more than 30 days after the date of the enactment of this Act [Dec. 22, 1987].”
Effective Date
of 1984 AmendmentAmendment by Pub. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98–369, set out as a note under section 401 of this title.
Repeals
The provisions of this section were incorporated into section 1429 and 1609 of former Title 26, Internal Revenue Code of 1939, by act Feb. 10, 1939, ch. 2, 53 Stat. 1. section 4 of the act of Feb. 10, 1939, which enacted Title 26, I.R.C. 1939, provided that all laws and parts of laws codified into the I.R.C. 1939, to the extent that they related exclusively to internal revenue, were repealed. Provisions of I.R.C. 1939 were generally repealed by section 7851 of Title 26, Internal Revenue Code of 1954. See also, section 7807 of said Title 26, I.R.C. 1954, respecting rules in effect upon enactment of I.R.C. 1954. The I.R.C. 1954 was redesignated I.R.C. 1986 by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095. The repealed sections are covered by section 7805(a), (c) of Title 26. Abortion Services; Prohibition on Certain Policy Changes Pub. L. 100–517, § 9, Oct. 24, 1988, 102 Stat. 2583, provided that: “With respect to abortion services, the Secretary of Health and Human Services shall not promulgate or issue any
Regulations
, policy statements, or interpretations or develop any practices concerning the performance of medically necessary procedures if such
Regulations
, policy statements, interpretations, or practices would be inconsistent with
Regulations
, policy statements, interpretations, or practices in effect on the date of the enactment of this Act [Oct. 24, 1988].” Notice on Social Security Checks Pub. L. 98–473, title II, § 1212, Oct. 12, 1984, 98 Stat. 2165, provided that: “(a) The Secretary of the Treasury shall take such steps as may be necessary to provide that all checks issued for payment of benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.], and the envelopes in which such checks are mailed, contain a printed notice that the commission of forgery in conjunction with the cashing or attempted cashing of such checks constitutes a violation of Federal law. Such notice shall also state the maximum penalties for forgery under the applicable provisions of title 18 of the United States Code. “(b) Subsection (a) shall apply with respect to checks issued for months after the ninth month after the date of the enactment of this Act [Oct. 12, 1984].”
Reference
Citations & Metadata
Citation
42 U.S.C. § 1302
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73