13618 Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Notices 

double. The Crowne Plaza Riverwalk is 

in compliance with the requirements of 

Title III of the Americans with 

Disabilities Act and meets all Fire Safety 

Act regulations. 

William J. Boarman, 

Public Printer of the United States. 

[FR Doc. 2011–5832 Filed 3–11–11; 8:45 am] 

BILLING CODE 1520–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

Delegation of Authority; Centers for 

Medicare & Medicaid Services 

Notice is hereby given that I have 

delegated to the Administrator, Centers 

for Medicare & Medicaid Services 

(CMS), or his or her successor, the 

authorities vested in the Secretary for 

the following provisions of Part A (42 

U.S.C. 1301 et seq., as amended) and 

Part B (42 U.S.C. 1320c et seq., as 

amended) of Title XI of the Social 

Security Act (the Act) (42 U.S.C. 1301 

et seq., as amended) insofar as such 

parts pertain to CMS’ mission, as 

described in Section F.00 of CMS’ 

Statement of Organization, Functions, 

and Delegations of Authority, last 

published at 55 FR 9363 (March 13, 

1990). 

Part A (General Provisions) of Title XI 

of the Act 

• Section 1106—The authority under 

Section 1106, as amended, pertaining to 

disclosure of information in possession 

of CMS. 

• Section 1110—The authority under 

Section 1110, as amended, to make 

grants to States and public and other 

organizations and agencies for paying 

part of the cost of research or 

demonstration projects such as those 

relating to the prevention and reduction 

of dependency, or which will aid in 

effecting coordination of planning 

between private and public welfare 

agencies or which will help improve the 

administration and effectiveness of 

programs carried on or assisted under 

the Act and programs related thereto, 

and to make contracts or jointly 

financed cooperative arrangements with 

States and public and other 

organizations and agencies for the 

conduct of research or demonstration 

projects relating to such matters. Refer 

to F.50.1.a. 

• Section 1112—The authority under 

Section 1112, as amended, to develop 

and revise from time to time guides or 

recommended standards regarding the 

level, content, and quality of medical 

care and medical services for the use of 

the States in evaluating and improving 

public assistance medical care programs 

and the State programs of medical 

assistance. 

• Section 1116—The authority under 

Section 1116, as amended, pertaining to 

State plans thereto under Title XIX of 

the Act. Refer to F.50.1.b. 

• Section 1121—The authority under 

Section 1121, as amended, pertaining to 

uniform reporting systems for health 

services facilities and organizations. 

• Section 1122(d), (e) and (f)—The 

authority under Section 1122(d) and (e), 

as amended, to identify and deny 

unnecessary capital expenditure 

payment amounts to be excluded from 

reimbursement to health care facilities 

under Titles XVIII and XIX of the Act 

when such exclusions have been found 

necessary and Section 1122(f), as 

amended, to reconsider determinations 

made under Section 1122 of the Act. 

• Section 1124—The authority under 

Section 1124, as amended, pertaining to 

disclosure of ownership and related 

information by providers, carriers, 

intermediaries, and similar 

organizations. 

• Section 1124A—The authority 

under Section 1124A, as amended, 

pertaining to disclosure requirements 

for other providers under Part B of Title 

XVIII of the Act. 

• Section 1126—The authority under 

Section 1126, as amended, pertaining to 

disclosure by institutions, organizations, 

and agencies of owners and certain 

other individuals who have been 

convicted of certain offenses. 

• Section 1128(c)(3)(B)—The 

authority under Section 1128(c)(3)(B), as 

amended, to request a waiver of 

program exclusion from the Office of 

Inspector General of the Department of 

Health and Human Services. 

• Section 1132—The authority under 

Section 1132, as amended, pertaining to 

claims submitted by States for payment 

with respect to expenditures that affect 

only programs for which the 

Administrator, CMS, has delegated 

authority, including Titles XIX and XXI 

of the Act. Refer to F.50.1.e. 

• Section 1134—The authority under 

Section 1134, as amended, pertaining to 

determinations of whether the 

reasonable costs of services provided to 

nonprofit hospitals or critical access 

hospitals are to be deducted from the 

operating costs of such hospitals or 

critical access hospitals. 

• Section 1137—The authority under 

Section 1137, as amended, pertaining to 

income and eligibility verification 

system for the Medicaid program under 

Title XIX of the Act. 

• Section 1138—The authority under 

Section 1138, as amended, pertaining to 

hospital protocols for organ 

procurement and standards for organ 

procurement agencies. 

• Section 1139—The authority under 

Section 1139, as amended, pertaining to 

improving access to, and delivery of, 

health care for Indians under Titles XIX 

and XXI of the Act. 

• Section 1139A—The authority 

under Section 1139A, as amended, 

pertaining to child health quality 

measures for children enrolled in 

Medicaid or the Children’s Health 

Insurance Program. 

• Section 1144(c)—The authority 

under Section 1144(c), as amended, 

pertaining to assistance with Medicare 

savings program and low-income 

subsidy program applications. 

• Section 1146—The authority under 

Section 1146, as amended, pertaining to 

public disclosure of certain information 

on hospital financial interest and 

referral patterns. 

Part B (Peer Review of the Utilization 

and Quality of Health Care Services) of 

Title XI of the Act 

• Section 1152—The authority under 

Section 1152, as amended, pertaining to 

utilization and quality control peer 

review organizations. 

• Section 1153—The authority under 

Section 1153, as amended, to contract 

with utilization and quality control peer 

review organizations. 

• Section 1154—The authority under 

Section 1154, as amended, pertaining to 

the functions of the peer review 

organizations. 

• Section 1155—The authority under 

Section 1155, as amended, pertaining to 

the right of a beneficiary, provider, or 

practitioner to request that a utilization 

and quality control peer review 

organization reconsider a determination 

made by that organization. Refer to 

F.50.1.f. 

• Section 1157—The authority under 

Section 1157, as amended, pertaining to 

violations of law, limitations on liability 

and payment for certain legal expenses. 

• Section 1158—The authority under 

Section 1158, as amended, pertaining to 

utilization and quality control peer 

review organizations performing certain 

functions described in Part B of Title XI 

of the Act under contracts with State 

programs receiving Federal financial 

assistance under Title XIX of the Act. 

• Section 1159—The authority under 

Section 1159, as amended, to authorize 

use of certain funds to administer the 

provisions of Part B of Title XI of the 

Act. 

• Section 1160—The authority under 

Section 1160, as amended, to prohibit 

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Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Notices 13619 

against disclosure of information 

pursuant to a contract under Part B of 

Title XI of the Act, except that 

authorities for controlling fraud and 

abuse under Section 1160(b) of the Act 

shall be exercised by the Office of 

Inspector General. 

This delegation of authority 

supersedes the authorities delegated 

under Part A (42 U.S.C. 1301 et seq.) of 

Title XI of the Act and Part B (42 U.S.C. 

1320c et seq.) of Title XI of the Act that 

were published in the Federal Register 

notice on September 6, 1984, including 

the authorities contained in paragraphs 

C.1.—15., and D. of Section F.30— 

Delegations of Authority; and includes 

F.40.—Reservations of Authority, 1.— 

Under Part B of Title XI of the Social 

Security Act (42 U.S.C. 1320(c) et. seq.); 

3.—General Reservations, paragraphs a. 

and b. Section F.50.—Limitations of 

Authority, 1.—Under Parts A and B of 

Title XI of the Social Security Act (42 

U.S.C. 1320 et. seq), is deleted in its 

entirety and replaced with the 

following: 

a. Disputes regarding the 

determinations listed in 45 CFR Part 16, 

Appendix A, pertaining to discretionary 

grants, such as grants for research or 

demonstration projects under section 

1110 (42 U.S.C. 1310) of the Act or for 

special demonstration projects under 

Section 1115 (42 U.S.C. 1315) of the 

Act, are heard by the Chair and 

Members of the Departmental Appeals 

Board, Office of the Secretary, who issue 

the final HHS decision. See 42 CFR 

430.3 and 457.206; 46 FR 43816. 

b. The authority to hear appeals and 

issue final HHS decisions under Section 

1116(e) (42 U.S.C. 1316(e)) of the Act 

with respect to disallowances or 

reconsidered disallowances under Title 

XIX of the Act shall be exercised only 

by the Chair and Members of the 

Departmental Appeals Board, Office of 

the Secretary, pursuant to Section 

1116(e)(2) (42 U.S.C. 1316(e)(2)) of the 

Act. This includes an appeal of a Title 

XIX disallowance based on a State’s 

failure to meet the timely claims 

requirements of Section 1132 (42 U.S.C. 

1320b–2) of the Act. 

c. The authorities under Sections 

1128 (42 U.S.C. 1320a–7), 1128A (42 

U.S.C. 1320a–7a), 1128B (42 U.S.C. 

1320a–7b), 1128D (42 U.S.C. 1320a–7d), 

1128E(b)(6) (42 U.S.C. 1320a–7e(b)(6)), 

1140 (42 U.S.C. 1320b–10), 1156(b) (42 

U.S.C. 1320c–5(b)), and 1160(b) (42 

U.S.C. 1320c–9(b)) of the Act for 

controlling fraud and abuse in 

healthcare programs shall be exercised 

by the Office of Inspector General. 

d. The hearings to which the 

procedures in section 1128A(c) (42 

U.S.C. 1320a–7a(c)) of the Act apply, as 

well as the hearings under any other 

section of the Act authorizing the 

Secretary to impose a civil remedy, 

including a civil money penalty, 

exclusion, or assessment, for which the 

Secretary has delegated authority to the 

Administrator, CMS, or to the Office of 

Inspector General to impose the remedy, 

shall be conducted by Administrative 

Law Judges at the Departmental Appeals 

Board, Office of the Secretary, who issue 

initial decisions subject to review and 

final determinations made by the Chair 

and Members of the Departmental 

Appeals Board. See 59 FR 52967; 42 

CFR Parts 402 and 1002–1004, 

incorporating the procedures at 42 CFR 

Part 1005; 42 CFR Part 422, Subpart T; 

42 CFR Part 423, Subpart T; and 45 CFR 

Part 160. 

e. Disallowances under Title XXI of 

the Act, including disallowances based 

on State’s failure to meet the timely 

claims requirements of Section 1132 (42 

U.S.C. 1320b–2) of the Act, are subject 

to reconsideration by the Chair and 

Members of the Departmental Appeals 

Board, Office of the Secretary, under 

section 1116(d) (42 U.S.C. 1316(d)) of 

the Act, made applicable to Title XXI by 

Section 2107(e) (42 U.S.C. 1397gg(e)) of 

the Act. See 42 CFR 457.206. 

f. The hearings under Section 1155 

(42 U.S.C. 1320c–4) of the Act, which 

incorporates by reference Section 205(b) 

(42 U.S.C. 405(b)) of the Act, shall be 

conducted by Administrative Law 

Judges in the Office of Medicare 

Hearings and Appeals, Office of the 

Secretary, with review by the Medicare 

Appeals Council at the Departmental 

Appeals Board, Office of the Secretary. 

See 42 CFR Part 478, Subpart B and 42 

CFR Part 405, Subpart J. 

g. The hearings under Section 

1156(b)(4) (42 U.S.C. and1320c–5(b)(4)) 

of the Act, which incorporates section 

205(b) (42 U.S.C. 405(b)) of the Act, 

shall be conducted by the 

Administrative Law Judges at the 

Departmental Appeals Board, Office of 

the Secretary, who issue initial 

decisions subject to review and final 

determinations made by the Chair and 

Members of the Departmental Appeals 

Board. See 42 CFR Part 1004, 

incorporating the procedures at 42 CFR 

Part 1005; 59 FR 52967. 

This delegation of authority is 

effective immediately. 

These authorities may be re-delegated. 

These authorities shall be exercised 

under the Department’s policy on 

regulations and the existing delegation 

of authority to approve and issue 

regulations. 

I hereby affirm and ratify any actions 

taken by the Administrator, CMS, or his 

or her subordinates, which involved the 

exercise of the authorities under Part A 

(42 U.S.C. 1301 et seq.) of Title XI of the 

Act and Part B (42 U.S.C. 1320c et seq.) 

of Title XI of the Act delegated herein 

prior to the effective date of this 

delegation of authority. 

Authority: 44 U.S.C. 3101 

Dated: March 4, 2011. 

Kathleen Sebelius, 

Secretary. 

[FR Doc. 2011–5779 Filed 3–11–11; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Disease, Disability, and Injury 

Prevention and Control Special 

Emphasis Panel (SEP): Funding 

Opportunity Announcement (FOA), 

Initial Review 

The meeting announced below 

concerns The Institutional Collaboration 

between the Institute Pasteur of 

Madagascar and the Centers for Disease 

Control and Prevention on Malaria and 

Vector-Borne Diseases Funding 

Opportunity Announcement (FOA) 

GH11–003, and Research Activities in 

Support of Malaria Prevention and 

Control in the Republic of Uganda as 

Part of the President’s Malaria Initiative, 

FOA GH11–004, initial review. 

In accordance with Section 10(a)(2) of 

the Federal Advisory Committee Act 

(Pub. L. 92–463), the Centers for Disease 

Control and Prevention (CDC) 

announces the aforementioned meeting: 

Time and Date: 12 p.m.–3 p.m., May 19, 

2011 (Closed). 

Place: Teleconference. 

Status: The meeting will be closed to the 

public in accordance with provisions set 

forth in Section 552b(c)(4) and (6), Title 5 

U.S.C., and the Determination of the Director, 

Management Analysis and Services Office, 

CDC, pursuant to Public Law 92–463. 

Matters To Be Discussed: The meeting will 

include the initial review, discussion, and 

evaluation of applications received in 

response to ‘‘Institutional Collaboration 

between the Institute Pasteur of Madagascar 

and the Centers for Disease Control and 

Prevention on Malaria and Vector-Borne 

Diseases, FOA GH11–003, and Research 

Activities in Support of Malaria Prevention 

and Control in the Republic of Uganda as 

Part of the President’s Malaria Initiative, FOA 

GH11–004, initial review.’’ 

Contact Person for More Information: 

Sheree Marshall-Williams, PhD, Scientific 

Review Officer, CDC, 1600 Clifton Road, NE., 

Mailstop D72, Atlanta, Georgia 30333, 

Telephone: (404) 639–7742. 

The Director, Management Analysis and 

Services Office, has been delegated the 

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