[Federal Register Volume 60, Number 194 (Friday, October 6, 1995)]
[Notices]
[Pages 52403-52405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24834]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
Assistant Secretary for Management and Budget; Statement of
Organization, Functions, and Delegations of Authority
Part A (Office of the Secretary) of the Statement of Organization,
Functions, and Delegations of Authority for the Department of Health
and Human Services (DHHS), Chapter AH ``Office of the Assistant
Secretary for Personnel Administration,'' as last amended at 57 FR
7391; and Chapter AM ``Office of the Assistant Secretary for Management
and Budget,'' as last amended at 57 FR 8334 is being amended. The
reorganization will abolish the Office of the Assistant Secretary for
Personnel Administration and transfer the remaining functions to the
HHS Office of Management and Budget. It will also establish the
Departmental Appeals Board as a component within the Office of the
Secretary. The Specific amendments to Part A are:
I. Make the following changes to Chapter AA ``Office of the
Secretary,'' paragraph AA.10 Organization: Delete the Office of the
Assistant Secretary for Personnel Administration and insert the
Departmental Appeals Board.
II. Under Chapter AH, beginning with paragraph Section AH.00
Mission delete the remaining functions within the Office of the
Assistant Secretary for Personnel Administration in its entirety.
III. Make the following changes to Chapter AM:
A. Section AM.00 Mission. Delete in its entirety and replace with
the following:
AM.00 Mission. The mission of the HHS Management and Budget Office
is to provide advice and guidance to the Secretary on administrative,
budget, financial management, equal employment opportunity, and
personnel, and to provide for the direction and coordination of these
activities throughout the Department.
B. Section AM.10 Organization. Delete in its entirety and replace
with the following:
AM.10 Organization. The HHS Management and Budget Office is headed
by the Assistant Secretary for Management and Budget (ASMB). The ASMB
is the Departmental Chief Financial Officer (CFO), and reports to the
Secretary. The ASMB also serves as the Director for Equal Employment
Opportunity for the Department. The office consists of the following
organizations:
Immediate Office (AM)
Office of Grants and Acquisition Management (AMG)
Office of Budget (AML)
Office of Information Resources Management (AMM)
Office of Finance (AMN)
Administrative Services Center (AMQ)
Office of Human Resources (AMP)
C. Section AM.20 Functions is amended to add paragraph G, Office of
Human Resources.
G. Office of Human Resources (AMP) advises and supports the
Secretary and the Assistant Secretary for Management and Budget/CFO in
the development and assessment of human resource programs and personnel
policies. In coordination with the Operating Divisions (OPDIVs),
formulates HHS policies pertaining to employment, compensation,
position classification, employee benefits, performance management,
employee development, and employee and labor relations. On behalf of
the Department's Director of Equal Employment Opportunity (EEO),
adjudicates complaints of discrimination. Serves as Departmental
liaison to central management agencies exercising jurisdiction over
personnel and EEO matters.
D. Establish a new Chapter AMP. The Office of Human Resources.
AMP.00 Mission. The Office of Human Resources (OHR) Provides
leadership in the planning and development of personnel policies and
human resource programs that support and enhance the Department's
mission. Provides technical assistance to the Operating Divisions
(OPDIVs) in building the capacity to evaluate the effectiveness of
their human resource programs and policies. Serves as the Departmental
liaison to central management agencies on topics relating to EEO and
personnel matters.
AMP.10 Organization. The Office of Human Resources (OHR), headed
by a Deputy Assistant Secretary for Human Resources who reports to the
Assistant Secretary for Management and Budget, consists of the
following components:
Immediate Office (AMP)
Policy Coordination Staff (AMP-1)
Personnel Programs Group (AMP-2)
Equal Employment Opportunity Programs Group (AMP-3)
AMP.20 Function. 1. The Immediate Office of Human Resources (OHR),
provides leadership to the development and assessment of the
Department's human resources programs and policies. In coordination
with the Operating Divisions, designs human resource programs that
support and enhance the HHS missions. Provides technical assistance to
the OPDIVs in building the capacity to evaluate the effectiveness of
their human resource programs and policies, including the development
of performance standards. On behalf of the Department's Director of
Equal Employment Opportunity, adjudicates complaints of discrimination.
Serves as Departmental liaison to central management agencies
exercising jurisdiction over personnel and EEO matters.
2. Policy Coordination Staff. Provides a variety of program support
services to the components of the Office of Human Resources and to the
OPDIVs. Coordinates the design of the evaluation capabilities and
systems for use by the OPDIVs in determining the effectiveness of their
personnel and EEO programs. Analyzes workforce data and trends to
support program evaluation and strategic planning efforts, both at the
departmental and OPDIV levels. Coordinates the development, approval,
and dissemination of Departmental human resource policies.
3. Personnel Programs Group. Provides leadership to the planning
and development of personnel policies and programs that support and
enhance the Department's mission. In coordination with the OPDIVs,
formulates HHS policies pertaining to employment, compensation,
position classification,
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employee benefits, performance management, employee development, and
employee and labor relations. Provides technical assistance to the
OPDIVs in the proper application of Federal personnel laws,
regulations, and policies. Provides strategic advice to the Deputy
Assistant Secretary for Human Resources, the Assistant Secretary for
Management and Budget, and the Secretary on those initiatives having
major workforce implications. Promotes and supports OPDIV capacity
building efforts, including innovative approaches to personnel program
management. Serves as the Department's focal point for liaison on
personnel and labor relations issues with the Office of Personnel
Management, the General Accounting Office, the Merit Systems Protection
Board, and the Federal Labor Relations Authority.
4. EEO Programs Group. Provides leadership to the planning and
development of affirmative employment policies and programs that
recognize and value the diversity of the Department's workforce and
promote a workplace free of discrimination. Provides technical
assistance and enabling tools to the OPDIVs in the design of
innovative, effective affirmative employment programs. Keeps top HHS
officials apprised of workforce demographics and recommends positive
interventions as needed. Prepares, for the Director of Equal Employment
Opportunity, final Departmental decisions on the merits of complaints
of discrimination, and prepares proposed dispositions of complaints
presenting conflicts of interest for OPDIV and STAFFDIV officials.
Serves as the Department's focal point for liaison with the Office of
Personnel Management, the Equal Employment Opportunity Commission, and
the General Accounting Office on issues pertaining to affirmative
employment and discrimination complaints.
IV. Retitle Chapter AH, as the ``Departmental Appeals Board,'' to
read as follows:
A. Section AH.00 Mission. The Departmental Appeals Board is an
independent office established pursuant to provisions of law,
regulations, and Secretarial delegations to provide conflict resolution
services through the U.S. Department of Health and Human Services.
These services are basically of two types: (a) Adjudicatory hearings,
appellate review of decisions of administrative law judges,
arbitration, and similarly structured formal and informal reviews of
contested decisions; and (b) alternative dispute resolution (ADR),
including mediation and other consensual processes, and training
related to ADR and conflict management.
B. Section AH.10 Organization. The Departmental Appeals Board,
under the leadership of the Chair, who is supervised by the Deputy
Secretary of the Department, includes:
A. The Immediate Office of the Departmental Appeals Board, which
includes:
(1) The Chair;
(2) The Deputy Chair;
(3) The Director of Administration;
(4) The Director of Mediation Services;
(5) Board Members;
(6) Administrative Law Judges; and
(7) Administrative Appeals Judges.
B. The Appellate Division.
C. The Civil Remedies Division.
D. The Alternative Dispute Resolution Division.
E. The Medicare Operations Division.
C. Section AH.20 Functions. A. The Immediate Office of the
Departmental Appeals Board assists the Chair in providing adjudicative
and administrative services. The Chair is also a Board Member and
provides leadership to the organizational components of the Board. The
Chair is the appointed alternative dispute resolution specialist for
the Department. The Deputy Chair acts for the Chair when absent and
provides day to day management services. The Director of Administration
assists the Chair in administrative matters and provides logistical
support to the other organizational components of the Board. The
Director of Mediation Services coordinates the Board's mediation and
other alternative dispute resolution services. The Board Members hear
and decide grant disputes and appeals, appeals from civil remedies
cases, and other cases as assigned. The Administrative Law Judges hear
and decide civil remedies cases, and other cases as assigned. The
Administrative Appeals Judges hear and decide disputes relating to
reimbursement for Medicare services, and other cases as assigned.
B. The Appellate Division provides attorney and other staff support
to assist in the Board's administrative review of disallowances of
federal grant funds under Title I, IV, X, XIV, XIX and XX of the Social
Security Act; determinations by the Administrative Law Judges in civil
remedies cases; disapprovals of state plans and state plan amendments
under section 1116(a)(2) of the Social Security Act; disputes involving
direct discretionary grants, cost allocation plans and indirect cost
rates; disputes regarding allegations of scientific misconduct by the
Office of Research Integrity, National Institutes of Health; disputes
regarding quality control in the Aid to Families with Dependent
Children program; and disputes involving civil rights reviews. The
Division is headed by a supervisory attorney who manages the Division's
resources and advises Board Members. Attorneys in the Division research
legal issues, review and evaluate case files, briefs and transcripts;
conduct pre-hearing proceedings; draft decisions; provide advice and
assistance to Board Members on the conduct of cases and decisions; and
participate in hearings.
C. The Civil Remedies Division provides attorney and other staff
support to assist in the hearing and disposition of civil remedies
cases. The civil remedies cases include (1) Sanctions by the Food and
Drug Administration, the Health Care Financing Administration, and the
Inspector General against persons and entities associated with
participation as a provider in federally funded health care programs or
as any employee, contractor, or other fiscal relationship with the
Department; (2) contract declinations and other adverse actions by the
Indian Health Service; and (3) termination of federal funding by the
Office for Civil Rights. The Division is headed by a supervisory
attorney who also assigns cases to the Administrative Law Judges.
Attorneys and Paralegal Specialists 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 Law Judges on the conduct of cases and
decisions; and assist at hearings.
D. The Alternative Dispute Resolution Division provides alternative
dispute resolution (ADR) services, including: mediation, early neutral
evaluation, arbitration, regulatory negotiation, and facilitation. The
Division also provides assistance in ADR systems design and training in
a variety of substantive areas, including: conflict management,
negotiations, interest-based bargaining, mediation, arbitration, and
regulatory negotiation. The Division is headed by a Director of
Mediation Services who provides overall substantive and resource
management. Professional staff consist of attorneys and dispute
resolution specialists who conduct ADR interventions and training.
E. The Medicare Operations Division provides attorney, paralegal
and other staff support to assist in review of administrative law judge
decisions regarding entitlement to coverage, health maintenance
organizations,
[[Page 52405]]
inactions and claims filed by health care providers or Medicare
beneficiaries for medical-related items or services provided or
received for which payment or reimbursement is sought under title XVIII
of the Social Security Act. The Division is headed by a chief who
assigns cases and oversees the Division's operations. Paralegal
specialists and other professional staff research and review claims,
draft decisions, and provide advice and assistance to the
Administrative Appeals Judges.
V. Delegation of Authority.
All delegations and redelegations of authority to officers and
employees of the components which are affected by this reorganization,
and which were in effect immediately prior to this reorganization will
be continued in effect in them or their successors, pending further
delegation, provided they are consistent with this reorganization.
Dated: September 29, 1995.
Donald E. Shalala,
Secretary.
[FR Doc. 95-24834 Filed 10-5-95; 8:45 am]
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