Title 42 — The Public Health and WelfareRelease 119-73
§1320a–10 Effect of failure to carry out State plan
Title 42 › Chapter CHAPTER 7— - SOCIAL SECURITY › Subchapter SUBCHAPTER XI— - GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE SIMPLIFICATION › Part Part A— - General Provisions › § 1320a–10
Summary
A rule in this chapter can be enforced even if it's in a part about State plans. This does not change private lawsuits, except to undo some reasons used in Suter v. Artist M. (1992); it keeps Suter's holding that section 671(a)(15) cannot be enforced by a private lawsuit.
Full Legal Text
Title 42, §1320a–10
The Public Health and Welfare — Source: USLM XML via OLRC
In an action brought to enforce a provision of this chapter, such provision is not to be deemed unenforceable because of its inclusion in a section of this chapter requiring a State plan or specifying the required contents of a State plan. This section is not intended to limit or expand the grounds for determining the availability of private actions to enforce State plan requirements other than by overturning any such grounds applied in Suter v. Artist M., 112 S. Ct. 1360 (1992), but not applied in prior Supreme Court decisions respecting such enforceability: Provided, however, That this section is not intended to alter the holding in Suter v. Artist M. that section 671(a)(15) of this title is not enforceable in a private right of action.
Legislative History
Notes & Related Subsidiaries
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 103–432, title II, § 211(b), Oct. 31, 1994, 108 Stat. 4460, provided that: “The amendment made by subsection (a) [enacting this section] shall apply to actions pending on the date of the enactment of this Act [Oct. 31, 1994] and to actions brought on or after such date of enactment.”
Reference
Citations & Metadata
Citation
42 U.S.C. § 1320a–10
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73