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[Federal Register: March 10, 2010 (Volume 75, Number 46)]
[Notices]               
[Page 11185]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10mr10-98]                         

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary

 
Centers for Medicare & Medicaid Services; Delegation of Authority

    Notice is hereby given that I have delegated to the Administrator, 
Centers for Medicare & Medicaid Services (CMS), or his or her 
successor, the authorities currently vested in the Secretary under 
section 1135 [42 U.S.C. 1320b-5] of Title XI of the Social Security 
Act, and as may hereafter be amended, to temporarily waive or modify 
requirements during certain emergencies or disasters that are related 
to Medicare, Medicaid, and the Children's Health Insurance Programs as 
they pertain to the mission of CMS.
    The authorities under section 1135 [42 U.S.C. 1320b-5] of the 
Social Security Act, and as may hereafter be amended, may be re-
delegated.

Limitations

    1. The authority to make the initial decision to invoke the waiver 
authorities under section 1135 [42 U.S.C. 1320b-5] upon the occurrence 
of the two conditions precedent specified in section 1135(g) [42 U.S.C. 
1320b-5(g)] is excluded from this delegation and is reserved by me.
    2. The following authorities under section 1135 [42 U.S.C. 1320b-5] 
of the Social Security Act, and as may hereafter be amended, are 
excluded from this delegation of authority:

--Section 1135(b)(7) pertaining to sanctions and penalties that arise 
from noncompliance with certain requirements of regulations promulgated 
under section 264(c) of the Health Insurance Portability and 
Accountability Act of 1996 (HIPAA) [42 U.S.C. 1320d-2 note]. The 
authority to waive the HIPAA regulations at 45 of the Code of Federal 
Regulations, Part 164 will continue to be held by me.
--Section 1135(d) to provide a certification and advance written notice 
to Congress at least two days before exercising the authority with 
respect to an emergency area is reserved by me.
--Section 1135(f) to report to Congress regarding the approaches used 
to accomplish the purposes described in section 1135(a) [42 U.S.C. 
1320b-5] of the Social Security Act, including an evaluation of such 
approaches and recommendations for improved approaches should the need 
for such emergency authority arise in the future is reserved by me.

    3. The authorities under section 1135 [42 U.S.C. 1320b-5] 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 section 1135 [42 U.S.C. 1320b-5] delegated herein 
prior to the effective date of this delegation of authority.
    This delegation of authority is effective immediately.

    Authority:  44 U.S.C. 3101.

Kathleen Sebelius,
Secretary.
[FR Doc. 2010-4992 Filed 3-9-10; 8:45 am]
BILLING CODE 4120-01-P
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