---
kind: "section"
citation: "42 U.S.C. § 1320a–10"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1320a–10"
heading: "Effect of failure to carry out State plan"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/1320a-10"
units:
  - "Chapter 7 — Social Security"
  - "Subchapter XI — General Provisions, Peer Review, and Administrative Simplification"
  - "Part A — General Provisions"
---

# §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](/usc/42/619.md?p=5) plan or specifying the required contents of a [State](/usc/42/619.md?p=5) plan. This section is not intended to limit or expand the grounds for determining the availability of private actions to enforce [State](/usc/42/619.md?p=5) 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](/usc/42/671.md?p=a-15) is not enforceable in a private right of action.


## Source credit

(Aug. 14, 1935, ch. 531, title XI, § 1130A, as added Pub. L. 103–432, title II, § 211(a), Oct. 31, 1994, 108 Stat. 4460.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Pub. L. 103–432, title II, § 211(b), Oct. 31, 1994, 108 Stat. 4460, 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. 31, 1994] and to actions brought on or after such date of enactment.”