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U.S. Code as of:
01/19/04
Section 1320a-10. 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.
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