42 U.S.C. § 18118: Rules of construction

Summary

Keeps antitrust laws in place. Nothing here changes, weakens, or replaces the antitrust laws. Antitrust laws — the ones listed in 15 U.S.C. 12(a), and including 15 U.S.C. 45 for unfair methods of competition. Also keeps the exemption for Hawaii’s Prepaid Health Care Act under 29 U.S.C. 1144(b)(5). Does not stop colleges from offering student health insurance plans if allowed by federal, state, or local law. Does not change existing federal rules about the State agency that decides eligibility for the programs named in section 18083, unless a law directly says otherwise.

Title 42, §18118

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

(a)No effect on antitrust laws

Nothing in this title (or an amendment made by this title) 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)Rule of construction regarding Hawaii’s Prepaid Health Care Act

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)Student health insurance plans

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)No effect on existing requirements

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