1. U.S. Code
  2. title 42
  3. chapter 157
  4. subchapter VI
  5. § 18115

Collapse to view only § 18115. Freedom not to participate in Federal health insurance programs

§ 18111. Definitions

Unless specifically provided for otherwise, the definitions contained in section 300gg–91 of this title shall apply with respect to this title.1

1 See References in Text note below.

(Pub. L. 111–148, title I, § 1551, Mar. 23, 2010, 124 Stat. 258.)

CITE AS: 42 USC 18111

§ 18112. Transparency in Government

Not later than 30 days after March 23, 2010, the Secretary of Health and Human Services shall publish on the Internet website of the Department of Health and Human Services, a list of all of the authorities provided to the Secretary under this Act (and the amendments made by this Act).

(Pub. L. 111–148, title I, § 1552, Mar. 23, 2010, 124 Stat. 258.)

CITE AS: 42 USC 18112

§ 18113. Prohibition against discrimination on assisted suicide
(a) In general
(b) Definition
(c) Construction and treatment of certain services
Nothing in subsection (a) shall be construed to apply to, or to affect, any limitation relating to—
(1) the withholding or withdrawing of medical treatment or medical care;
(2) the withholding or withdrawing of nutrition or hydration;
(3) abortion; or
(4) the use of an item, good, benefit, or service furnished for the purpose of alleviating pain or discomfort, even if such use may increase the risk of death, so long as such item, good, benefit, or service is not also furnished for the purpose of causing, or the purpose of assisting in causing, death, for any reason.
(d) Administration
(Pub. L. 111–148, title I, § 1553, Mar. 23, 2010, 124 Stat. 259.)

CITE AS: 42 USC 18113

§ 18114. Access to therapies
Notwithstanding any other provision of this Act, the Secretary of Health and Human Services shall not promulgate any regulation that—
(1) creates any unreasonable barriers to the ability of individuals to obtain appropriate medical care;
(2) impedes timely access to health care services;
(3) interferes with communications regarding a full range of treatment options between the patient and the provider;
(4) restricts the ability of health care providers to provide full disclosure of all relevant information to patients making health care decisions;
(5) violates the principles of informed consent and the ethical standards of health care professionals; or
(6) limits the availability of health care treatment for the full duration of a patient’s medical needs.
(Pub. L. 111–148, title I, § 1554, Mar. 23, 2010, 124 Stat. 259.)

CITE AS: 42 USC 18114

§ 18115. Freedom not to participate in Federal health insurance programs

No individual, company, business, nonprofit entity, or health insurance issuer offering group or individual health insurance coverage shall be required to participate in any Federal health insurance program created under this Act (or any amendments made by this Act), or in any Federal health insurance program expanded by this Act (or any such amendments), and there shall be no penalty or fine imposed upon any such issuer for choosing not to participate in such programs.

(Pub. L. 111–148, title I, § 1555, Mar. 23, 2010, 124 Stat. 260.)

CITE AS: 42 USC 18115

§ 18116. Nondiscrimination
(a) In general
(b) Continued application of laws
(c) Regulations
(Pub. L. 111–148, title I, § 1557, Mar. 23, 2010, 124 Stat. 260.)

CITE AS: 42 USC 18116

§ 18117. Oversight

The Inspector General of the Department of Health and Human Services shall have oversight authority with respect to the administration and implementation of this title 1

1 See References in Text note below.
as it relates to such Department.

(Pub. L. 111–148, title I, § 1559, Mar. 23, 2010, 124 Stat. 261.)

CITE AS: 42 USC 18117

§ 18118. Rules of construction
(a) No effect on antitrust laws
(b) Rule of construction regarding Hawaii’s Prepaid Health Care Act
(c) Student health insurance plans
(d) No effect on existing requirements
(Pub. L. 111–148, title I, § 1560, Mar. 23, 2010, 124 Stat. 261.)

CITE AS: 42 USC 18118

§ 18119. Small business procurement

Part 19 of the Federal Acquisition Regulation, section 644 of title 15, and any other applicable laws or regulations establishing procurement requirements relating to small business concerns (as defined in section 632 of title 15) may not be waived with respect to any contract awarded under any program or other authority under this Act or an amendment made by this Act.

(Pub. L. 111–148, title I, § 1563, as added Pub. L. 111–148, title X, § 10107(b)(2), Mar. 23, 2010, 124 Stat. 912.)

CITE AS: 42 USC 18119

§ 18120. Application
Notwithstanding any other provision of the Patient Protection and Affordable Care Act, nothing in such Act (or an amendment made by such Act) shall be construed to—
(1) prohibit (or authorize the Secretary of Health and Human Services to promulgate regulations that prohibit) a group health plan or health insurance issuer from carrying out utilization management techniques that are commonly used as of March 23, 2010; or
(2) restrict the application of the amendments made by this subtitle.
(Pub. L. 111–148, title I, § 1563(d), formerly § 1562(d), title X, § 10107(b)(1), Mar. 23, 2010, 124 Stat. 269, 911.)

CITE AS: 42 USC 18120

§ 18121. Implementation funding
(a) In general
(b) Funding
(Pub. L. 111–152, title I, § 1005, Mar. 30, 2010, 124 Stat. 1036.)

CITE AS: 42 USC 18121

§ 18122. Rule of construction regarding health care providers
(1) In general
(2) Definitions
For purposes of this section:
(A) Federal health care provision
(B) Health care provider
The term “health care provider” means any individual, group practice, corporation of health care professionals, or hospital—
(i) licensed, registered, or certified under Federal or State laws or regulations to provide health care services; or
(ii) required to be so licensed, registered, or certified but that is exempted by other statute or regulation.
(C) Medical malpractice or medical product liability action or claim
(D) State
(3) No preemption
(Pub. L. 114–10, title I, § 106(d), Apr. 16, 2015, 129 Stat. 142.)

CITE AS: 42 USC 18122