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Title 42, The Public Health and WelfareRelease 119-102

§1320a–10 Effect of Failure to Carry Out State Plan

Title 42 › CHAPTER 7 — SOCIAL SECURITY › SUBCHAPTER XI — GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE SIMPLIFICATION › Part A — General Provisions › § 1320a–10

Last updated Aug 21, 2026|Official source

Summary

If someone sues to enforce a rule in this chapter, that rule cannot be treated as not allowed to be enforced just because it appears in a part that requires a State plan or lists what a State plan must include. This text does not change when private people can sue to enforce State plan rules, except it undoes any parts of Suter v. Artist M. (112 S. Ct. 1360) that went beyond earlier Supreme Court rulings. It does not change 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

Aug 21, 2026

Release point: 119-102