42 U.S.C. § 405a: Regulations pertaining to…

Summary

If the Secretary of Health and Human Services issues a new rule or changes an existing rule after January 2, 1976, and that rule affects how often payments or reports are due under section 418(e), the rule cannot take effect until 18 months have passed. The 18-month countdown starts on the first day of the first full calendar month after the rule is published in the Federal Register.

Title 42, §405a

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

Notwithstanding any other provision of law, no regulation and no modification of any regulation, promulgated by the Secretary of Health and Human Services, after January 2, 1976, shall become effective prior to the end of the eighteen-month period which begins with the first day of the first calendar month which begins after the date on which such regulation or modification of a regulation is published in the Federal Register, if and insofar as such regulation or modification of a regulation pertains, directly or indirectly, to the frequency or due dates for payments and reports required under section 418(e) of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Subsec. (e) of section 418 of this title, referred to in text, which related to payments and reports by States, was repealed, and subsec. (f) of section 418 of this title was redesignated as subsec. (e), by Pub. L. 99–509, title IX, § 9002(c)(1), Oct. 21, 1986, 100 Stat. 1971. Codification Section was not enacted as part of the Social Security Act which comprises this chapter.

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted in text for “Secretary of Health, Education, and Welfare” pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. Time for Making Social Security Contributions With Respect to Covered State and Local Employees Pub. L. 96–265, title V, § 503(c),

June 9, 1980, 94 Stat. 471, provided that: “The provisions of section 7 of Public Law 94–202 [42 U.S.C. 405a] shall not be applicable to any regulation which becomes effective on or after

July 1, 1980, and which is designed to carry out the purposes of subsection (a) of this section [amending section 418 of this title].”

§405a Regulations Pertaining to Frequency or Due Dates of Payments and Reports Under Voluntary Agreements Covering State and Local Employees; Effective Date