US Code

Public Law 119-83 (04/13/2026)

42 U.S.C. § 1395z

Consultation with State agencies and other organizations to develop conditions of participation for providers of services

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1 See References in Text note below.
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2 So in original. The word “and” probably should not appear.
section 1395x of this titlesection 1395k(a)(2)(F)(i) of this titleIn carrying out his functions, relating to determination of conditions of participation by providers of services, under subsections (e)(9), (f)(4), (j)(15), ()(6), (cc)(2)(I), and  (dd)(2), and (mm)(1) of , or by ambulatory surgical centers under , the Secretary shall consult with appropriate State agencies and recognized national listing or accrediting bodies, and may consult with appropriate local agencies. Such conditions prescribed under any of such subsections may be varied for different areas or different classes of institutions or agencies and may, at the request of a State, provide higher requirements for such State than for other States; except that, in the case of any State or political subdivision of a State which imposes higher requirements on institutions as a condition to the purchase of services (or of certain specified services) in such institutions under a State plan approved under subchapter I, XVI, or XIX, the Secretary shall impose like requirements as a condition to the payment for services (or for the services specified by the State or subdivision) in such institutions in such State or subdivision.

Aug. 14, 1935, ch. 531 Pub. L. 89–97, title I, § 102(a)79 Stat. 325 Pub. L. 92–603, title II, § 234(g)(2)86 Stat. 1413 Pub. L. 96–499, title IX94 Stat. 2636 Pub. L. 97–248, title I, § 122(g)(2)96 Stat. 362 Pub. L. 98–369, div. B, title III98 Stat. 1090 Pub. L. 100–360, title II102 Stat. 725 Pub. L. 101–234, title II, § 201(a)103 Stat. 1981 Pub. L. 101–239, title VI, § 6003(g)(3)(C)(ii)103 Stat. 2152 Pub. L. 101–508, title IV, § 4163(c)(1)104 Stat. 1388–99 Pub. L. 103–432, title I, § 145(c)(2)108 Stat. 4427 (, title XVIII, § 1863, as added , , ; amended , , ; , §§ 933(f), 934(c)(1), , , 2639; , , ; , §§ 2335(c), 2349(b)(1), 2354(b)(32), , , 1097, 1102; , §§ 203(e)(2), 204(c)(1), , , 728; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

section 1395x of this titlePub. L. 100–203, title IV, § 4201(a)(1)101 Stat. 1330–160 Subsection (j) of , referred to in text, was amended generally by , , , and, as so amended, does not contain a par. (15).

Amendments

Pub. L. 103–432section 1395m(c)(3) of this title1994— struck out “or whether screening mammography meets the standards established under ,” before “the Secretary shall consult”.

Pub. L. 101–508section 1395m(c)(3) of this titlesection 1395k(a)(2)(F)(i) of this title1990— inserted “or whether screening mammography meets the standards established under ,” after “,”.

Pub. L. 101–2391989— substituted “(jj)(3), and (mm)(1)” for “and (jj)(3)”.

Pub. L. 101–234Pub. L. 100–360Pub. L. 100–360, § 203(e)(2)Pub. L. 101–234Pub. L. 101–239 repealed , §§ 203(e)(2), 204(c)(1), and provided that the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted. In the case of the amendment by , was given effect by substituting “and (dd)(2)” for “(dd)(2), (jj)(3)” because of the intervening amendment by , see note above and 1988 Amendment note below.

Pub. L. 100–360, § 204(c)(1)section 1395m(e)(3) of this title1988—, inserted “or whether screening mammography meets the standards established under ,” after “1395k(a)(2)(F)(i) of this title,”.

Pub. L. 100–360, § 203(e)(2), substituted “(dd)(2), and (jj)(3)” for “and (dd)(2)”.

Pub. L. 98–369, § 2335(c)1984—, struck out “(g)(4),” after “(e)(9), (f)(4),”.

Pub. L. 98–369, § 2354(b)(32), substituted “(j)(15)” for “(j)(11)”.

Pub. L. 98–369, § 2349(b)(1)section 1395dd of this title, substituted “appropriate State agencies” for “the Health Insurance Benefits Advisory Council established by , appropriate State agencies,”.

Pub. L. 97–2481982— substituted “(cc)(2)(I), and (dd)(2)” for “and (cc)(2)(I)”.

Pub. L. 96–499, § 933(f)oo1980—, substituted “()(6), and (cc)(2)(I) of section 1395x” for “and ()(6) of section 1395x”.

Pub. L. 96–499, § 934(c)(1)section 1395k(a)(2)(F)(i) of this title, inserted “or by ambulatory surgical centers under ,”.

Pub. L. 92–603osection 1395x of this titleosection 1395x of this title1972— substituted “subsections (e)(9), (f)(4), (g)(4), (j)(11), and ()(6) of ” for “subsections (e)(8), (f)(4), (g)(4), (j)(10), and ()(5) of ”.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–432section 263b(b) of this titlesection 145(d) of Pub. L. 103–432section 1395m of this titleAmendment by applicable to mammography furnished by a facility on and after the first date that the certificate requirements of apply to such mammography conducted by such facility, see , set out as a note under .

Effective Date of 1990 Amendment

Pub. L. 101–508section 4163(e) of Pub. L. 101–508lAmendment by applicable to screening mammography performed on or after , see , set out as a note under section 1395 of this title.

Effective Date of 1989 Amendment

Pub. L. 101–234section 201(c) of Pub. L. 101–234section 1320a–7a of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1988 Amendment

section 203(e)(2) of Pub. L. 100–360section 203(g) of Pub. L. 100–360section 1320c–3 of this titleAmendment by applicable to items and services furnished on or after , see , set out as a note under .

section 204(c)(1) of Pub. L. 100–360section 204(e) of Pub. L. 100–360section 1395m of this titleAmendment by applicable to screening mammography performed on or after , see , set out as a note under .

Effective Date of 1984 Amendment

section 2335(c) of Pub. L. 98–369section 2335(g) of Pub. L. 98–369section 1395f of this titleAmendment by effective , see , set out as a note under .

section 2349(b)(1) of Pub. L. 98–369section 2349(c) of Pub. L. 98–369section 907a of this titleAmendment by effective , see , set out as a note under .

section 2354(b)(32) of Pub. L. 98–369section 2354(e)(1) of Pub. L. 98–369section 1320a–1 of this titleAmendment by effective , but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see , set out as a note under .

Effective Date of 1982 Amendment

Pub. L. 97–248section 122(h)(1) of Pub. L. 97–248section 1395c of this titleAmendment by applicable to hospice care provided on or after , see , set out as a note under .

Effective Date of 1980 Amendment

section 933(f) of Pub. L. 96–499section 933(h) of Pub. L. 96–499section 1395k of this titleAmendment by effective with respect to a comprehensive outpatient rehabilitation facility’s first accounting period beginning on or after , see , set out as a note under .

Effective Date of 1972 Amendment

Pub. L. 92–603section 234(i) of Pub. L. 92–603section 1395x of this titleAmendment by applicable with respect to providers of services for fiscal years beginning after the fifth month following October 1972, see , set out as a note under .

Termination of Advisory Councils

Advisory councils in existence on , to terminate not later than the expiration of the 2-year period following , unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.