[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Notices]
[Pages 12842-12843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5027]


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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.

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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]
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