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[Federal Register: November 24, 2010 (Volume 75, Number 226)]
[Notices]               
[Page 71714-71715]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no10-103]                         

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

 
Statement of Organization, Functions, and Delegations of 
Authority

    This notice amends Part F, Section F.70 (Order of Succession) of 
the Statement of Organization, Functions, and Delegations of Authority 
of the Department of Health and Human Services (HHS), Centers for 
Medicare & Medicaid Service (CMS), 70 FR 42331, dated July 22, 2005, 
which is rescinded and replaced by the following:

Orders of Succession

    1. During any period when the Administrator, Centers for Medicare & 
Medicaid Services (CMS) has died, resigned, or otherwise becomes unable 
to perform the functions and duties in the Office of the Administrator, 
CMS, the following officers, in the Order of Succession listed below, 
shall act for and perform the functions and duties of the Office of the 
Administrator, CMS, until such time as: The Administrator, CMS, again 
becomes available; a permanent successor is appointed by the President 
and confirmed by Congress; or the temporary successor is otherwise 
relieved:
    a. Principal Deputy Administrator and Chief Operating Officer.
    b. Deputy Administrator and Director, Center for Medicare.
    c. Deputy Administrator and Director, Center for Medicaid, CHIP and 
Survey & Certification.
    d. Chief of Staff.
    e. Deputy Chief Operating Officer.
    2. During any period when there is no eligible officer available or 
capable of performing responsibilities in the Office of the 
Administrator, CMS, pursuant to the officers listed in 1.a. through 
1.e. above, the following positions in CMS, in the Order of Succession 
listed below, shall act and perform the functions and duties inherent 
in the Emergency Operations Executive (EOE) in the event of an 
emergency situation:
    a. Consortium Administrator, Consortium for Quality Improvement and 
Survey & Certification Operations.
    b. Consortium Administrator, Consortium for Financial Management 
and Fee For Service Operations.
    c. Consortium Administrator, Consortium for Medicaid and Children's 
Health Operations.
    d. Consortium Administrator, Consortium for Medicare Health Plans 
Operations.
    The authority to act as the Administrator, CMS, must be exercised 
in accordance with the provisions of the Federal Vacancies Reform Act 
of 1998 (``the Vacancies Act''), 5 U.S.C. Section 3345 et seq. The 
``Acting'' title is applicable and reserved only in instances in which 
the Administrator, CMS, position is vacant. In accordance with the 
Vacancies Act, the Principal Deputy Administrator and Chief Operating 
Officer is herein designated as the first assistant for CMS.
    During a planned absence, the Administrator, CMS, may designate an 
individual to serve as ``operationally in charge.'' If an individual is 
serving in an ``operationally in charge'' capacity, he or she is not 
eligible for any delegated authority under these Orders of Succession 
unless he or she was designated as a delegatee by the Administrator, 
CMS.
    The two Orders of Succession listed in this notice are limited to 
the duties and responsibilities of only the officers and positions. 
Number 1 can only be exercised in order to accomplish the goals of 
maintaining the agency's essential functions. Number 2 can only be 
exercised to restore the agency's normal business functions under the 
CMS Continuity of Operations Plan.
    The EOE is responsible for notifying the Secretary, HHS and any 
available

[[Page 71715]]

CMS leadership that the EOE has assumed responsibility.
    I, or my successor retain the authority to change, amend, or re-
delegate this notice.
    The two Orders of Succession listed in this notice remain in effect 
and will be revised accordingly as positions or nomenclature change in 
CMS.
    This notice only applies to periods when the Administrator, CMS, or 
his or her successor are not available to perform the duties and 
responsibilities contained in the two Orders of Succession.
    This notice is effective upon date of signature.

    Dated: November 9, 2010.
Donald M. Berwick,
Administrator.
[FR Doc. 2010-29555 Filed 11-23-10; 8:45 am]
BILLING CODE 4120-01-P
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