FEDERAL · 42 U.S.C. · Chapter 157

Access to therapies

Current through Pub. L. 119-102
Title 42The Public Health and Welfare·Ch. 157 — QUALITY, AFFORDABLE HEALTH CARE FOR ALL AMERICANS·Subch. VI

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.

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Related

State v. Azar
385 F. Supp. 3d 960 (N.D. California, 2019)
9 case citations
Washington v. Azar
376 F. Supp. 3d 1119 (E.D. Washington, 2019)
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State v. Azar
389 F. Supp. 3d 898 (D. Oregon, 2019)
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Mayor of Balt. v. Azar
392 F. Supp. 3d 602 (D. Maryland, 2019)
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California by and through Becerra v. Azar
927 F.3d 1068 (Ninth Circuit, 2019)
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Fata v. F.C.I. Williamsburg
(D. South Carolina, 2023)

Source Credit

History

(Pub. L. 111–148, title I, §1554, Mar. 23, 2010, 124 Stat. 259.)

Editorial Notes

Editorial Notes

References in Text
This Act, referred to in text, is Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 119, known as the Patient Protection and Affordable Care Act. For complete classification of this Act to the Code, see Short Title note set out under section 18001 of this title and Tables.