
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1320a-2]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE 
                             SIMPLIFICATION
 
                       Part A--General Provisions
 
Sec. 1320a-2. Effect of failure to carry out State plan

    In an action brought to enforce a provision of this chapter, such 
provision is not to be deemed unenforceable because of its inclusion in 
a section of this chapter requiring a State plan or specifying the 
required contents of a State plan. This section is not intended to limit 
or expand the grounds for determining the availability of private 
actions to enforce State plan requirements other than by overturning any 
such grounds applied in Suter v. Artist M., 112 S. Ct. 1360 (1992), but 
not applied in prior Supreme Court decisions respecting such 
enforceability; provided, however, that this section is not intended to 
alter the holding in Suter v. Artist M. that section 671(a)(15) of this 
title is not enforceable in a private right of action.

(Aug. 14, 1935, ch. 531, title XI, Sec. 1123, as added Pub. L. 103-382, 
title V, Sec. 555(a), Oct. 20, 1994, 108 Stat. 4057.)


                            Prior Provisions

    A prior section 1320a-2, act Aug. 14, 1935, ch. 531, title XI, 
Sec. 1123, as added Oct. 30, 1972, Pub. L. 92-603, title II, Sec. 241, 
86 Stat. 1418; amended Dec. 5, 1980, Pub. L. 96-499, title IX, Sec. 911, 
94 Stat. 2619; Sept. 3, 1982, Pub. L. 97-248, title I, Sec. 126, 96 
Stat. 366; Apr. 7, 1986, Pub. L. 99-272, title IX, Sec. 9303(b)(4), 100 
Stat. 189, related to qualifications for health care personnel, prior to 
repeal by Pub. L. 100-360, title IV, Sec. 430(a), as added Pub. L. 100-
485, title VI, Sec. 608(b), (g)(1), Oct. 13, 1988, 102 Stat. 2412, 2424, 
effective as if included in the enactment of Pub. L. 100-360.
    Another section 1123 of act Aug. 14, 1935, was renumbered section 
1123A, and is classified to section 1320a-2a of this title.


                             Effective Date

    Section 555(b) of Pub. L. 103-382 provided that: ``The amendment 
made by subsection (a) [enacting this section] shall apply to actions 
pending on the date of the enactment of this Act [Oct. 20, 1994] and to 
actions brought on or after such date of enactment.''
