Office of the Secretary; Departmental Appeals Board; Statement of Organization, Functions and Delegations of Authority, 12842-12843 [2012-5027]
Download as PDF
<![CDATA[
12842
Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Notices
Lamont, OASPE, 200 Independence
Avenue SW., Room 424E, Washington,
DC 20201. Comments may also be sent
to napa@hhs.gov. Those submitting
written comments should identify
themselves and any relevant
organizational affiliations.
FOR FURTHER INFORMATION CONTACT:
Helen Lamont (202) 690–7996,
helen.lamont@hhs.gov.
SUPPLEMENTARY INFORMATION: Topics of
the Meeting: The Advisory Council will
discuss the Draft National Plan to
Address Alzheimer’s Disease.
Procedure and Agenda: This
teleconference meeting is open to the
public. The chairs of the three
subcommittees (Research, Clinical Care,
Long-Term Services and Supports) will
summarize feedback from their
subcommittees on the Draft National
Plan to Address Alzheimer’s Disease.
This feedback will be discussed among
the full Advisory Council.
Authority: 42 U.S.C. 11225; Section 2(e)(3)
of the National Alzheimer’s Project Act. The
panel is governed by provisions of Public
Law 92–463, as amended (5 U.S.C. Appendix
2), which sets forth standards for the
formation and use of advisory committees.
Dated: February 24, 2012.
Sherry Glied,
Assistant Secretary for Planning and
Evaluation.
[FR Doc. 2012–5034 Filed 3–1–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of the Secretary; Departmental
Appeals Board; Statement of
Organization, Functions and
Delegations of Authority
Office of the Secretary,
Departmental Appeals Board, HHS.
ACTION: Notice.
AGENCY:
The Departmental Appeals
Board is announcing this reorganization
which allows for greater flexibility and
better reflects the current work
environment and priorities within the
organization.
FOR FURTHER INFORMATION CONTACT:
Mary Peltzer, 202–565–0169.
This notices amends Part A (Office of
the Secretary), Statement of
Organization, Functions, and
Delegations of Authority of the
Department of Health and Human
Services (HHS) at Chapter AH,
Departmental Appeals Board (DAB), as
last amended at 60 FR 52403- 52405,
dated October 6, 1995, as follows:
I. Under Section AH.10 Organization,
add ‘‘DAB’’ as a parenthetical after the
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:01 Mar 01, 2012
Jkt 226001
‘‘Departmental Appeals Board.’’ Under
Section AH.10 Organization, Paragraph
A, delete ‘‘The Immediate Office of the
Departmental Appeals Board,’’ and
replace with ‘‘The Immediate Office of
the Chair’’; delete ‘‘(3) The Director of
Administration’’ in its entirety and
renumber the remaining list. Under
Section AH.10 Organization, add
Paragraph F, The Operations Division
and reorganize the preceding paragraphs
as follows: Paragraph B, The Appellate
Division; Paragraph C, The Civil
Remedies Division; Paragraph D, The
Medicare Operations Division.
II. Under Section AH.20, Functions,
Paragraph A, delete ‘‘Departmental
Appeals Board’’ and replace with
‘‘Chair’’ and, except for references to
‘‘Board Member,’’ replace references to
the ‘‘Board’’ with ‘‘DAB.’’ Delete the
remaining Paragraphs and replace with
the following:
B. The Appellate Division provides
attorney support to assist in the Board’s
administrative review of such cases as:
(1) Disallowances of federal grant funds
under Titles I, IV, X, XIV, XIX and XX
of the Social Security Act; (2)
determinations by the Administrative
Law Judges in civil remedies cases; (3)
disapprovals of state plans and state
plan amendments under section
1116(a)(2) of the Social Security Act; (4)
disputes involving direct discretionary
grants, cost allocation plans and indirect
cost rates; (5) challenges to the validity
of National Coverage Determinations
issued by the Centers for Medicare &
Medicaid Services; (6) disputes
involving civil rights reviews; and (7)
adverse reimbursement determinations
under the reinsurance program
established by the Patient Protection
and Affordable Care Act. The Division
is headed by a Director who is a
supervisory attorney and manages the
Division’s resources and advises Board
Members. Attorneys in the Division
research legal issues, review and
evaluate case files, briefs and
transcripts; assist in pre-hearing
proceedings; draft decisions; provide
advice and assistance to Board Members
on the conduct of cases and decisions;
and assist at hearings.
C. The Civil Remedies Division
provides attorney support to
Administrative Law Judges (ALJs) to
assist the ALJs in the hearing and
disposition of such cases as: (1)
Sanctions by the Centers for Medicare &
Medicaid Services and the HHS
Inspector General against persons and
entities associated with participation as
a provider in federally funded health
care programs or as an employee,
contractor, or other fiscal relationship
with the Department; (2) contract
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
declinations and other adverse actions
by the Indian Health Service; (3)
termination of federal funding and other
sanctions by the Office for Civil Rights;
(4) certain adverse actions involving the
Social Security Administration; and (5)
civil money penalty matters that the
Food and Drug Administration’s Center
for Tobacco Products brings against
retailers for violations of provisions of
the Federal Food, Drug, and Cosmetic
Act. The Division is headed by a
Director who is a supervisory attorney
who manages the Division’s resources
and assigns cases to the ALJs. Attorneys
in the Division research legal issues;
review and evaluate case files, briefs
and transcripts; assist in pre-hearing
proceedings; draft decisions; provide
advice and assistance to ALJs on the
conduct of cases and decisions; and
assist at hearings.
D. The Medicare Operations Division
provides attorney support to assist in
review of ALJ decisions issued by the
Office of Medicare Hearings and
Appeals regarding entitlement to
Medicare and individual claims for
Medicare coverage and payment filed by
beneficiaries or health care providers/
suppliers sought under title XVIII of the
Social Security Act. The Division is
headed by a Director who is a
supervisory attorney who assigns cases
and oversees the Division’s operations.
Attorneys in the Division research legal
issues; review and evaluate case files,
briefs and transcripts; assist in prehearing proceedings; draft decisions;
provide advice and assistance to
Administrative Appeals Judges on the
conduct of cases and decisions; and
assist at hearings.
E. The Alternative Dispute Resolution
Division provides Alternative Dispute
Resolution (ADR) services in appeals
filed with any of the Board’s three
adjudicative Divisions. The ADR
Division also supports the HHS Dispute
Resolution Specialist (Chair,
Departmental Appeals Board) in
carrying out his/her responsibilities for
ADR policy and program development
under the Administrative Dispute
Resolution Act. The ADR Division’s
services and support include: Mediation
of program disputes filed with DAB;
organizational ombuds assistance to
members of the public and parties to
cases; ADR policy guidance to HHS
management; regulatory negotiation for
HHS program divisions; mediation and
organizational intervention in EEO and
workplace disputes; oversight of the
Sharing Neutrals Program (a mediator
exchange for local federal agencies), and
training in conflict management
techniques. The Division is headed by a
Director who is a supervisory attorney
E:\FR\FM\02MRN1.SGM
02MRN1
Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Notices
Dated: February 23, 2012.
E.J. Holland, Jr.,
Assistant Secretary for Administration.
[FR Doc. 2012–5027 Filed 3–1–12; 8:45 am]
BILLING CODE 4150–23–P
tkelley on DSK3SPTVN1PROD with NOTICES
The average cost per inspection is
multiplied by size and cost factors to
determine the fee for vessels in each
size category. The size and cost factors
were established in the proposed fee
schedule published in the Federal
Register on July 17, 1987 (52 FR 27060).
The fee schedule was most recently
published in the Federal Register on
November 26, 2008 (73 FR 72053). The
current size and cost factors are
presented in Appendix A.
VerDate Mar<15>2010
17:01 Mar 01, 2012
Jkt 226001
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Fees for Sanitation Inspections of
Cruise Ships
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION: Notice.
AGENCY:
The Centers for Disease
Control and Prevention (CDC), located
within the Department of Health and
Human Services (HHS), announces fees
for vessel sanitation inspections. These
inspections are conducted by CDC’s
Vessel Sanitation Program (VSP). VSP
assists the cruise line industry in
fulfilling its responsibility for
developing and implementing
comprehensive sanitation programs to
minimize the risk for acute
gastroenteritis. Every vessel that has a
foreign itinerary and carries 13 or more
passengers is subject to twice-yearly
inspections and, when necessary, reinspection.
DATES: These fees are effective March 2,
2012.
FOR FURTHER INFORMATION CONTACT:
CAPT Jaret T. Ames, Chief, Vessel
Sanitation Program, National Center for
Environmental Health, Centers for
Disease Control and Prevention, 4770
Buford Highway NE., MS–F–59, Atlanta,
Georgia 30341–3717, phone: 800–323–
SUMMARY:
Fee
The fee schedule (Appendix A) will
be effective March 2, 2012 through
September 30, 2012. The fee schedule
has not changed since October 1, 2006.
If travel expenses continue to increase,
the fees may need to be adjusted before
September 30, 2012, because travel
constitutes a sizable portion of VSP’s
costs. If a fee adjustment is necessary, a
notice will be published in the Federal
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
2132 or 954–356–6650, email: vsp@cdc.
gov.
SUPPLEMENTARY INFORMATION:
Purpose and Background
CDC established VSP in the 1970s as
a cooperative activity with the cruise
ship industry. VSP assists the cruise
ship industry to prevent and control the
introduction, transmission, and spread
of gastrointestinal illnesses on cruise
ships. VSP operates under the authority
of the Public Health Service Act (42
U.S.C. 264, ‘‘Control of Communicable
Diseases’’). Regulations under 42 CFR
71.41 (Foreign Quarantine—
Requirements Upon Arrival at U.S.
Ports: Sanitary Inspection; General
Provisions) states that carriers arriving
at U.S. Ports from foreign areas are
subject to sanitary inspections to
determine whether there exists rodent,
insect, or other vermin infestations,
contaminated food or water, or other
sanitary conditions requiring measures
for the prevention of the introduction,
transmission, or spread of
communicable diseases.
The fee schedule for sanitation
inspections of passenger cruise ships
inspected under VSP was first
published in the Federal Register on
November 24, 1987 (52 FR 45019). CDC
began collecting fees on March 1, 1988.
This notice announces fees that are
effective March 2, 2012.
The following formula is used to
determine the fees:
Register 30 days before the effective
date.
Applicability
The fees will apply to all passenger
cruise vessels for which inspections are
conducted as part of CDC’s VSP.
Dated: February 22, 2012.
Tanja Popovic,
Deputy Associate Director for Science,
Centers for Disease Control and Prevention.
Appendix A
E:\FR\FM\02MRN1.SGM
02MRN1
EN02MR12.006</GPH>
and provides overall substantive and
resource management. Professional staff
consists of attorneys and dispute
resolution specialists who conduct ADR
interventions and training.
F. The Operations Division provides
paralegal and other professional
administrative staff support to each of
the DAB’s divisions, including
administrative assistance with prehearing proceedings, preparing certified
records for submission to Federal
courts, preparing responses to Freedom
of Information Act requests, and
providing overall clerical support. Other
primary functions include: (1)
Coordinating contracting and
purchasing requirements of the DAB; (2)
coordinating travel arrangements; (3)
overseeing facilities management; and
(4) overseeing office security and safety.
The Division is headed by a Director
who provides overall resource
management.
III. Delegations of Authority. All
delegations and redelegations of
authority made to officials and
employees of affected organizational
components will continue in them or
their successors pending further
redelegation, provided that they are
consistent with this reorganization.
12843
]]>Agencies
[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Notices]
[Pages 12842-12843]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5027]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary; Departmental Appeals Board; Statement of
Organization, Functions and Delegations of Authority
AGENCY: Office of the Secretary, Departmental Appeals Board, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Departmental Appeals Board is announcing this
reorganization which allows for greater flexibility and better reflects
the current work environment and priorities within the organization.
FOR FURTHER INFORMATION CONTACT: Mary Peltzer, 202-565-0169.
This notices amends Part A (Office of the Secretary), Statement of
Organization, Functions, and Delegations of Authority of the Department
of Health and Human Services (HHS) at Chapter AH, Departmental Appeals
Board (DAB), as last amended at 60 FR 52403- 52405, dated October 6,
1995, as follows:
I. Under Section AH.10 Organization, add ``DAB'' as a parenthetical
after the ``Departmental Appeals Board.'' Under Section AH.10
Organization, Paragraph A, delete ``The Immediate Office of the
Departmental Appeals Board,'' and replace with ``The Immediate Office
of the Chair''; delete ``(3) The Director of Administration'' in its
entirety and renumber the remaining list. Under Section AH.10
Organization, add Paragraph F, The Operations Division and reorganize
the preceding paragraphs as follows: Paragraph B, The Appellate
Division; Paragraph C, The Civil Remedies Division; Paragraph D, The
Medicare Operations Division.
II. Under Section AH.20, Functions, Paragraph A, delete
``Departmental Appeals Board'' and replace with ``Chair'' and, except
for references to ``Board Member,'' replace references to the ``Board''
with ``DAB.'' Delete the remaining Paragraphs and replace with the
following:
B. The Appellate Division provides attorney support to assist in
the Board's administrative review of such cases as: (1) Disallowances
of federal grant funds under Titles I, IV, X, XIV, XIX and XX of the
Social Security Act; (2) determinations by the Administrative Law
Judges in civil remedies cases; (3) disapprovals of state plans and
state plan amendments under section 1116(a)(2) of the Social Security
Act; (4) disputes involving direct discretionary grants, cost
allocation plans and indirect cost rates; (5) challenges to the
validity of National Coverage Determinations issued by the Centers for
Medicare & Medicaid Services; (6) disputes involving civil rights
reviews; and (7) adverse reimbursement determinations under the
reinsurance program established by the Patient Protection and
Affordable Care Act. The Division is headed by a Director who is a
supervisory attorney and manages the Division's resources and advises
Board Members. Attorneys in the Division research legal issues, review
and evaluate case files, briefs and transcripts; assist in pre-hearing
proceedings; draft decisions; provide advice and assistance to Board
Members on the conduct of cases and decisions; and assist at hearings.
C. The Civil Remedies Division provides attorney support to
Administrative Law Judges (ALJs) to assist the ALJs in the hearing and
disposition of such cases as: (1) Sanctions by the Centers for Medicare
& Medicaid Services and the HHS Inspector General against persons and
entities associated with participation as a provider in federally
funded health care programs or as an employee, contractor, or other
fiscal relationship with the Department; (2) contract declinations and
other adverse actions by the Indian Health Service; (3) termination of
federal funding and other sanctions by the Office for Civil Rights; (4)
certain adverse actions involving the Social Security Administration;
and (5) civil money penalty matters that the Food and Drug
Administration's Center for Tobacco Products brings against retailers
for violations of provisions of the Federal Food, Drug, and Cosmetic
Act. The Division is headed by a Director who is a supervisory attorney
who manages the Division's resources and assigns cases to the ALJs.
Attorneys in the Division research legal issues; review and evaluate
case files, briefs and transcripts; assist in pre-hearing proceedings;
draft decisions; provide advice and assistance to ALJs on the conduct
of cases and decisions; and assist at hearings.
D. The Medicare Operations Division provides attorney support to
assist in review of ALJ decisions issued by the Office of Medicare
Hearings and Appeals regarding entitlement to Medicare and individual
claims for Medicare coverage and payment filed by beneficiaries or
health care providers/suppliers sought under title XVIII of the Social
Security Act. The Division is headed by a Director who is a supervisory
attorney who assigns cases and oversees the Division's operations.
Attorneys in the Division research legal issues; review and evaluate
case files, briefs and transcripts; assist in pre-hearing proceedings;
draft decisions; provide advice and assistance to Administrative
Appeals Judges on the conduct of cases and decisions; and assist at
hearings.
E. The Alternative Dispute Resolution Division provides Alternative
Dispute Resolution (ADR) services in appeals filed with any of the
Board's three adjudicative Divisions. The ADR Division also supports
the HHS Dispute Resolution Specialist (Chair, Departmental Appeals
Board) in carrying out his/her responsibilities for ADR policy and
program development under the Administrative Dispute Resolution Act.
The ADR Division's services and support include: Mediation of program
disputes filed with DAB; organizational ombuds assistance to members of
the public and parties to cases; ADR policy guidance to HHS management;
regulatory negotiation for HHS program divisions; mediation and
organizational intervention in EEO and workplace disputes; oversight of
the Sharing Neutrals Program (a mediator exchange for local federal
agencies), and training in conflict management techniques. The Division
is headed by a Director who is a supervisory attorney
[[Page 12843]]
and provides overall substantive and resource management. Professional
staff consists of attorneys and dispute resolution specialists who
conduct ADR interventions and training.
F. The Operations Division provides paralegal and other
professional administrative staff support to each of the DAB's
divisions, including administrative assistance with pre-hearing
proceedings, preparing certified records for submission to Federal
courts, preparing responses to Freedom of Information Act requests, and
providing overall clerical support. Other primary functions include:
(1) Coordinating contracting and purchasing requirements of the DAB;
(2) coordinating travel arrangements; (3) overseeing facilities
management; and (4) overseeing office security and safety. The Division
is headed by a Director who provides overall resource management.
III. Delegations of Authority. All delegations and redelegations of
authority made to officials and employees of affected organizational
components will continue in them or their successors pending further
redelegation, provided that they are consistent with this
reorganization.
Dated: February 23, 2012.
E.J. Holland, Jr.,
Assistant Secretary for Administration.
[FR Doc. 2012-5027 Filed 3-1-12; 8:45 am]
BILLING CODE 4150-23-P
