[Federal Register Volume 76, Number 69 (Monday, April 11, 2011)]
[Notices]
[Page 19995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8356]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Statement of Organization, Functions, and Delegations of 
Authority

    Part A, Office of the Secretary, Statement of Organization, 
Functions, and Delegations of Authority for the Department of Health 
and Human Services, Chapter AK, Office of Medicare Hearings and Appeals 
(OMHA), as last amended at 70 FR 36386-36387, dated June 23, 2005, is 
amended as follows:
    I. Under Section AK.10 Organization, delete in its entirety and 
replace with the following:
    Section AK.10 Organization. The Office of Medicare Hearings and 
Appeals (OMHA) is under the direction of the Chief Administrative Law 
Judge (CALJ), who reports directly to the Secretary. OMHA consists of 
the following components:
    <bullet> Medicare Hearings and Appeals Chief Judge's Office (CJO) 
(Headquarters Office) (AKA)
    --Office of Operations (AKA1)
    --Office of Programs (AKA2)
    <bullet> Medicare Hearings and Appeals Field Offices (AKB1-AKB4)
    II. Under Section AK.20 Functions, Paragraph A, ``The Office of 
Medicare Hearings and Appeals Immediate Office (AK),'' delete the 
second paragraph, which begins with, ``The Executive Director (ED) of 
OMHA/IO, reports to the CALJ, and is responsible for all operational 
matters * * *'' in its entirety and replace with the following:

    Within OMHA/CJO, the Director, Office of Operations and the 
Director, Office of Programs, both of whom report to the CALJ, are 
responsible for all operational matters and for executive and 
managerial oversight, respectively, in support of the mission of the 
office, with the exception of areas directly involving the conduct 
of adjudicatory hearings and the rendering of fair and impartial 
decisions ensuing from those hearings.

    III. Under Section AK.20 Functions, Paragraph B, ``Medicare 
Hearings and Appeals Field Offices (AKB1-4),'' delete the first 
paragraph, which begins with, ``The Field Offices are headed by a 
Managing Administrative Law Judge (MALJ) who reports directly to the 
CALJ. The Managing Administrative Law Judge (MALJ) acts on behalf of 
the CALJ at the respective field office location on all matters 
involving the hearing process, and is directly responsible for the 
effective execution of the hearings process within the field location * 
* *,'' in its entirety and replace with the following:

    OMHA's Field Offices are headed by the Associate Chief 
Administrative Law Judges, all of whom report directly to OMHA's 
Chief Administrative Law Judge (CALJ). Each Field Office's Associate 
Chief Administrative Law Judge (ACALJ) acts on behalf of the OMHA 
CALJ at his or her respective field office location on all matters 
involving the hearing process and is directly responsible for the 
effective execution of the hearings process within the field 
location. Each Field Office's ACALJ is responsible for: (a) 
Providing direction, leadership, management and guidance to the 
field office staff, including Supervisory Administrative Law Judges 
(SALJs) and their staffs, (b) field office implementation of 
policies, goals, objectives, and procedures pertaining to the 
hearings process and formulating policies, goals, and objectives for 
the SALJs and support staff in their field office; (c) planning, 
organizing and administering field operations for scheduling and 
conducting independent and impartial hearings on appealed 
determinations involving adjudicatory hearings for authorities 
delegated to the SALJs by the Secretary; (d) developing and 
recommending OMHA action with respect to allegation of unfair 
hearings within the field operations; (e) upon request by SALJs, 
providing advice and guidance in matters related to adjudicating 
cases under the provisions of the Social Security Act; and (f) 
conducting adjudicatory hearings under authorities delegated to the 
SALJs by the Secretary.

    IV. Under Section AK.20 Functions, Paragraph B, ``Medicare Hearings 
and Appeals Field Offices (AKB1-4),'' replace all reference to the 
``Hearing Office Manager'' as the ``Hearing Office Director'' and all 
references to the ``HOM'' as the ``HOD.''
    V. Delegation of Authority. Pending further delegation, directives 
or orders by the Secretary or by the Chief Administrative Law Judge, 
all delegations and re delegations of authority made to officials and 
employees of affected organizational components will continue in them 
or their successors pending further re delegations, provided they are 
consistent with this reorganization.

    Dated: January 25, 2011.
E.J. Holland, Jr.,
Assistant Secretary for Administration.
[FR Doc. 2011-8356 Filed 4-8-11; 8:45 am]
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