§18118 — Title 42 The Public Health and Welfare | U.S. Code

Summary

It says the rules in this title do not change antitrust laws. For this purpose, "antitrust laws" means what subsection (a) of section 12 of title 15 says, and it also includes section 45 of title 15 when that section covers unfair methods of competition. It also leaves the exemption for Hawaii’s Prepaid Health Care Act (Haw. Rev. Stat. §§ 393–1 et seq.) as listed in section 1144(b)(5) of title 29 alone. Colleges and universities (as defined by the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.]) may still offer student health insurance plans if allowed by federal, State, or local law. Finally, it does not change existing federal rules about the State agency that decides eligibility for the programs named in section 18083 of this title, unless the law explicitly says otherwise.

Title 42, §18118

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Nothing in this title 11 See References in Text note below. (or an amendment made by this title) 1 shall be construed to modify, impair, 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 45 of title 15 to the extent that such section 45 applies to unfair methods of competition.

(b)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 Hawaii’s Prepaid Health Care Act (Haw. Rev. Stat. §§ 393–1 et seq.) as provided for under section 1144(b)(5) of title 29.

(c)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)Nothing in this title 1 (or an amendment made by this title,1 unless specified by direct statutory reference) shall be construed to modify any existing Federal requirement concerning the State agency responsible for determining eligibility for programs identified in section 18083 of this title.

Notes & Related Subsidiaries

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 numerous other sections and notes in the Code. For complete classification of title I to the Code, see Tables. The Higher Education Act of 1965, referred to in subsec. (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.

§18118 Rules of construction