Statement of Organization, Functions, and Delegations of Authority, 38663 [E9-18561]

Download as PDF Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services mstockstill on DSKH9S0YB1PROD with NOTICES Statement of Organization, Functions, and Delegations of Authority Part F of the Statement of Organization, Functions, and Delegations of Authority of the Department of Health and Human Services, Centers for Medicare & Medicaid Service (CMS), 68 FR 60694, dated October 23, 2003, is superseded to include the following delegation of authority from the Secretary to the Administrator, CMS, with the authority to redelegate, to carry out the following administrative and enforcement activities invested in the Secretary of the Department of Health and Human Services under part C, of title XI of the Social Security Act, as amended. • Section F.30., Delegations of Authority, is superseded to include the following delegation of authority for certain provisions under part C, of title XI of the Social Security Act. WW. 1. The authority under section 262 of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104–191, as amended, except to the extent these actions pertain to the ‘‘Security Standards for the Protection of Electronic Protected Health Information,’’ or the ‘‘Standards for Privacy of Individually Identifiable Health Information’’ at 45 CFR, part 160 and part 164, subparts A, C, and E to: A. Impose civil money penalties under section 1176 of the Social Security Act for a covered entity’s failure to comply with certain requirements and standards; B. Issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation or compliance review for failure to comply with certain requirements and standards; and C. Make exception determinations, under section 1178(a)(2)(A) of the Social Security Act, concerning when provisions of State laws that are contrary to the Federal standards are not preempted by the Federal provisions. 2. The authority under section 262 of HIPAA, Public Law 104–191, as amended, to administer and to make decisions regarding the interpretation, implementation and enforcement of the regulations adopting standards and general administrative requirements under 45 CFR, part 160 and part 162, except to the extent these actions VerDate Nov<24>2008 16:07 Aug 03, 2009 Jkt 217001 pertain to the ‘‘Security Standards for the Protection of Electronic Protected Health Information,’’ or the ‘‘Standards for Privacy of Individually Identifiable Health Information’’ at 45 CFR, part 160 and part 164, subparts A, C, and E. Exclusion to This Authority All actions under Part C of Title XI of the Social Security Act that pertain to ‘‘Security Standards for the Protection of Electronic Protected Health Information’’ or the ‘‘Standards for Privacy of Individually Identifiable Health Information’’, were delegated by the Secretary to the Director, Office for Civil Rights, and are excluded from this delegation. This delegation to the Administrator also excludes the authority to issue regulations and to hold hearings and issue final determinations if the respondent has requested a hearing on the imposition of civil monetary penalties. This delegation shall be exercised under the Department’s existing delegation of authority and policy relating to regulations. This delegation supersedes the memorandum from the Secretary to the Administrator, Centers for Medicare & Medicaid Services, dated October 7, 2003, titled ‘‘Delegation of Authority for Certain Provisions Under Part C of Title XI of the Social Security Act.’’ I hereby affirm and ratify any actions taken by the Administrator of CMS or his/her subordinates which involved the exercise of the authority delegated herein prior to the effective date of this delegation. This delegation is effective immediately. Dated: July 27, 2009. Kathleen Sebelius, Secretary. [FR Doc. E9–18561 Filed 8–3–09; 8:45 am] BILLING CODE 4120–01–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Agency Information Collection Activities: Exportation of Used SelfPropelled Vehicles AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: 30-Day notice and request for comments; Extension of an existing information collection: 1651–0054. SUMMARY: U.S. Customs and Border Protection (CBP) of the Department of Homeland Security has submitted the PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 38663 following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Exportation of Used Self-Propelled Vehicles. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register (74 FR 16227) on April 9, 2009, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10. DATES: Written comments should be received on or before September 3, 2009. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the OMB Desk Officer for Customs and Border Protection, Department of Homeland Security, and sent via electronic mail to oira_submission@omb.eop.gov or faxed to (202) 395–5806. SUPPLEMENTARY INFORMATION: U.S. Customs and Border Protection (CBP) encourages the general public and affected Federal agencies to submit written comments and suggestions on proposed and/or continuing information collection requests pursuant to the Paperwork Reduction Act (Pub. L. 104– 13). Your comments should address one of the following four points: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency/component, including whether the information will have practical utility; (2) Evaluate the accuracy of the agencies/components estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collections of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological techniques or other forms of information. E:\FR\FM\04AUN1.SGM 04AUN1

Agencies

[Federal Register Volume 74, Number 148 (Tuesday, August 4, 2009)]
[Notices]
[Page 38663]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18561]



[[Page 38663]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services


Statement of Organization, Functions, and Delegations of 
Authority

    Part F of the Statement of Organization, Functions, and Delegations 
of Authority of the Department of Health and Human Services, Centers 
for Medicare & Medicaid Service (CMS), 68 FR 60694, dated October 23, 
2003, is superseded to include the following delegation of authority 
from the Secretary to the Administrator, CMS, with the authority to 
redelegate, to carry out the following administrative and enforcement 
activities invested in the Secretary of the Department of Health and 
Human Services under part C, of title XI of the Social Security Act, as 
amended.
     Section F.30., Delegations of Authority, is superseded to 
include the following delegation of authority for certain provisions 
under part C, of title XI of the Social Security Act.
    WW. 1. The authority under section 262 of the Health Insurance 
Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, 
as amended, except to the extent these actions pertain to the 
``Security Standards for the Protection of Electronic Protected Health 
Information,'' or the ``Standards for Privacy of Individually 
Identifiable Health Information'' at 45 CFR, part 160 and part 164, 
subparts A, C, and E to:
    A. Impose civil money penalties under section 1176 of the Social 
Security Act for a covered entity's failure to comply with certain 
requirements and standards;
    B. Issue subpoenas requiring the attendance and testimony of 
witnesses and the production of any evidence that relates to any matter 
under investigation or compliance review for failure to comply with 
certain requirements and standards; and
    C. Make exception determinations, under section 1178(a)(2)(A) of 
the Social Security Act, concerning when provisions of State laws that 
are contrary to the Federal standards are not preempted by the Federal 
provisions.
    2. The authority under section 262 of HIPAA, Public Law 104-191, as 
amended, to administer and to make decisions regarding the 
interpretation, implementation and enforcement of the regulations 
adopting standards and general administrative requirements under 45 
CFR, part 160 and part 162, except to the extent these actions pertain 
to the ``Security Standards for the Protection of Electronic Protected 
Health Information,'' or the ``Standards for Privacy of Individually 
Identifiable Health Information'' at 45 CFR, part 160 and part 164, 
subparts A, C, and E.

Exclusion to This Authority

    All actions under Part C of Title XI of the Social Security Act 
that pertain to ``Security Standards for the Protection of Electronic 
Protected Health Information'' or the ``Standards for Privacy of 
Individually Identifiable Health Information'', were delegated by the 
Secretary to the Director, Office for Civil Rights, and are excluded 
from this delegation. This delegation to the Administrator also 
excludes the authority to issue regulations and to hold hearings and 
issue final determinations if the respondent has requested a hearing on 
the imposition of civil monetary penalties. This delegation shall be 
exercised under the Department's existing delegation of authority and 
policy relating to regulations.
    This delegation supersedes the memorandum from the Secretary to the 
Administrator, Centers for Medicare & Medicaid Services, dated October 
7, 2003, titled ``Delegation of Authority for Certain Provisions Under 
Part C of Title XI of the Social Security Act.''
    I hereby affirm and ratify any actions taken by the Administrator 
of CMS or his/her subordinates which involved the exercise of the 
authority delegated herein prior to the effective date of this 
delegation.
    This delegation is effective immediately.

    Dated: July 27, 2009.
Kathleen Sebelius,
Secretary.
[FR Doc. E9-18561 Filed 8-3-09; 8:45 am]
BILLING CODE 4120-01-P
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