Title 42, The Public Health and WelfareRelease 119-102
§1320a–2 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–2
Summary
A rule in this chapter can be enforced in court even if it appears in a State-plan section. It does not change private enforcement except to reject new grounds from Suter v. Artist M., 112 S. Ct. 1360 (1992), and keeps Suter’s holding: section 671(a)(15) is not enforceable by private suit.
Full Legal Text
Title 42, §1320a–2
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
Editorial Notes
Prior Provisions
A prior section 1320a–2, act Aug. 14, 1935, ch. 531, title XI, § 1123, as added Oct. 30, 1972, Pub. L. 92–603, title II, § 241, 86 Stat. 1418; amended Dec. 5, 1980, Pub. L. 96–499, title IX, § 911, 94 Stat. 2619; Sept. 3, 1982, Pub. L. 97–248, title I, § 126, 96 Stat. 366; Apr. 7, 1986, Pub. L. 99–272, title IX, § 9303(b)(4), 100 Stat. 189, related to qualifications for health care personnel, prior to repeal by Pub. L. 100–360, title IV, § 430(a), as added Pub. L. 100–485, title VI, § 608(b), (g)(1), Oct. 13, 1988, 102 Stat. 2412, 2424, effective as if included in the enactment of Pub. L. 100–360. Another section 1123 of act Aug. 14, 1935, was renumbered section 1123A, and is classified to section 1320a–2a of this title.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 103–382, title V, § 555(b), Oct. 20, 1994, 108 Stat. 4058, 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. 20, 1994] and to actions brought on or after such date of enactment.”
Reference
Citations & Metadata
Citation
42 U.S.C. § 1320a–2
Title 42, The Public Health and Welfare
Last Updated
Aug 21, 2026
Release point: 119-102