TITLE IX--ADMINISTRATIVE IMPROVEMENTS, REGULATORY REDUCTION, AND CONTRACTING REFORM
SEC. 900. ADMINISTRATIVE IMPROVEMENTS WITHIN THE CENTERS
FOR MEDICARE & MEDICAID SERVICES (CMS).
(a) COORDINATED ADMINISTRATION OF MEDICARE
PRESCRIPTION DRUG AND MEDICARE ADVANTAGE PROGRAMS- Title XVIII (42 U.S.C. 1395
et seq.), as amended by section 721, is amended by inserting after 1807 the
following new section:
`PROVISIONS RELATING TO ADMINISTRATION
`SEC. 1808. (a) COORDINATED ADMINISTRATION OF MEDICARE PRESCRIPTION DRUG
AND MEDICARE ADVANTAGE PROGRAMS-
`(1) IN GENERAL- There is within the Centers for Medicare & Medicaid
Services a center to carry out the duties described in paragraph (3).
`(2) DIRECTOR- Such center shall be headed by a director who shall
report directly to the Administrator of the Centers for Medicare &
Medicaid Services.
`(3) DUTIES- The duties described in this paragraph are the
following:
`(A) The administration of parts C and D.
`(B) The provision of notice and information under section
1804.
`(C) Such other duties as the Secretary may specify.
`(4) DEADLINE- The Secretary shall ensure that the center is carrying
out the duties described in paragraph (3) by not later than January 1,
2008.'.
(b) MANAGEMENT STAFF FOR THE CENTERS FOR MEDICARE
& MEDICAID SERVICES- Such section is further amended by adding at the end
the following new subsection:
`(b) EMPLOYMENT OF MANAGEMENT STAFF-
`(1) IN GENERAL- The Secretary may employ, within the Centers for
Medicare & Medicaid Services, such individuals as management staff as
the Secretary determines to be appropriate. With respect to the
administration of parts C and D, such individuals shall include individuals
with private sector expertise in negotiations with health benefits
plans.
`(2) ELIGIBILITY- To be eligible for employment under paragraph (1) an
individual shall be required to have demonstrated, by their education and
experience (either in the public or private sector), superior expertise in
at least one of the following areas:
`(A) The review, negotiation, and administration of health care
contracts.
`(B) The design of health care benefit plans.
`(D) Compliance with health plan contracts.
`(E) Consumer education and decision making.
`(F) Any other area specified by the Secretary that requires specialized
management or other expertise.
`(A) PERFORMANCE-RELATED PAY- Subject to subparagraph (B), the
Secretary shall establish the rate of pay for an individual employed under
paragraph (1). Such rate shall take into account expertise, experience,
and performance.
`(B) LIMITATION- In no case may the rate of compensation determined
under subparagraph (A) exceed the highest rate of basic pay for the Senior
Executive Service under section 5382(b) of title 5, United States
Code.'.
(c) REQUIREMENT FOR DEDICATED ACTUARY FOR PRIVATE
HEALTH PLANS- Section 1117(b) (42 U.S.C. 1317(b)) is amended by adding at the
end the following new paragraph:
`(3) In the office of the Chief Actuary there shall be an actuary whose
duties relate exclusively to the programs under parts C and D of title XVIII
and related provisions of such title.'.
(d) INCREASE IN GRADE TO EXECUTIVE LEVEL III
FOR THE ADMINISTRATOR OF THE CENTERS FOR MEDICARE & MEDICAID SERVICES-
(1) IN GENERAL- Section 5314 of title
5, United States Code, is amended by adding at the end the following:
`Administrator of the Centers for Medicare & Medicaid
Services.'.
(2) CONFORMING AMENDMENT- Section 5315
of such title is amended by striking `Administrator of the Health Care Financing
Administration.'.
(3) EFFECTIVE DATE- The amendments
made by this subsection take effect on January 1, 2004.
(e) CONFORMING AMENDMENTS RELATING TO HEALTH
CARE FINANCING ADMINISTRATION-
(1) AMENDMENTS TO THE SOCIAL SECURITY
ACT- The Social Security Act is amended--
(A) in section 1117 (42 U.S.C.
1317)--
(i) in the heading
to read as follows:
`APPOINTMENT OF THE ADMINISTRATOR AND CHIEF ACTUARY OF THE CENTERS FOR
MEDICARE & MEDICAID SERVICES';
(ii) in subsection
(a), by striking `Health Care Financing Administration' and inserting
`Centers for Medicare & Medicaid Services'; and
(iii) in subsection
(b)(1)--
(I) by
striking `Health Care Financing Administration' and inserting `Centers
for Medicare & Medicaid Services'; and
(II)
by striking `Administration' and inserting `Centers';
(B) in section 1140(a) (42
U.S.C. 1320b-10(a))--
(i) in paragraph (1),
by striking `Health Care Financing Administration' both places it appears
in the matter following subparagraph (B) and inserting `Centers for Medicare
& Medicaid Services';
(ii) in paragraph
(1)(A)--
(I) by striking
`Health Care Financing Administration' and inserting `Centers for Medicare
& Medicaid Services'; and
(II) by
striking `HCFA' and inserting `CMS'; and
(iii) in paragraph
(1)(B), by striking `Health Care Financing Administration' both places
it appears and inserting `Centers for Medicare & Medicaid Services';
(C) in section 1142(b)(3) (42
U.S.C. 1320b-12(b)(3)), by striking `Health Care Financing Administration'
and inserting `Centers for Medicare & Medicaid Services';
(D) in section 1817(b) (42
U.S.C. 1395i(b))--
(i) by striking `Health
Care Financing Administration', both in the fifth sentence of the matter
preceding paragraph (1) and in the second sentence of the matter following
paragraph (4), and inserting `Centers for Medicare & Medicaid Services';
and
(ii) by striking
`Chief Actuarial Officer' in the second sentence of the matter following
paragraph (4) and inserting `Chief Actuary';
(E) in section 1841(b) (42
U.S.C. 1395t(b))--
(i) by striking `Health
Care Financing Administration', both in the fifth sentence of the matter
preceding paragraph (1) and in the second sentence of the matter following
paragraph (4), and inserting `Centers for Medicare & Medicaid Services';
and
(ii) by striking
`Chief Actuarial Officer' in the second sentence of the matter following
paragraph (4) and inserting `Chief Actuary';
(F) in section 1852(a)(5) (42
U.S.C. 1395w-22(a)(5)), by striking `Health Care Financing Administration'
in the matter following subparagraph (B) and inserting `Centers for Medicare
& Medicaid Services';
(G) in section 1853 (42 U.S.C.
1395w-23)--
(i) in subsection (b)(4),
by striking `Health Care Financing Administration' in the first sentence
and inserting `Centers for Medicare & Medicaid Services'; and
(ii) in subsection
(c)(7), by striking `Health Care Financing Administration' in the last
sentence and inserting `Centers for Medicare & Medicaid Services';
(H) in section 1854(a)(5)(A)
(42 U.S.C. 1395w-24(a)(5)(A)), by striking `Health Care Financing Administration'and
inserting `Centers for Medicare & Medicaid Services';
(I) in section 1857(d)(4)(A)(ii)
(42 U.S.C. 1395w-27(d)(4)(A)(ii)), by striking `Health Care Financing Administration'
and inserting `Secretary';
(J) in section 1862(b)(5)(A)(ii)
(42 U.S.C. 1395y(b)(5)(A)(ii)), by striking `Health Care Financing Administration'
and inserting `Centers for Medicare & Medicaid Services';
(K) in section 1927(e)(4) (42
U.S.C. 1396r-8(e)(4)), by striking `HCFA' and inserting `The Secretary';
(L) in section 1927(f)(2) (42
U.S.C. 1396r-8(f)(2)), by striking `HCFA' and inserting `The Secretary';
and
(M) in section 2104(g)(3) (42
U.S.C. 1397dd(g)(3)) by inserting `or CMS Form 64 or CMS Form 21, as the
case may be,' after `HCFA Form 64 or HCFA Form 21'.
(2) AMENDMENTS TO THE PUBLIC HEALTH
SERVICE ACT- The Public Health Service Act is amended--
(A) in section 501(d)(18) (42
U.S.C. 290aa(d)(18)), by striking `Health Care Financing Administration'
and inserting `Centers for Medicare & Medicaid Services';
(B) in section 507(b)(6) (42
U.S.C. 290bb(b)(6)), by striking `Health Care Financing Administration'
and inserting `Centers for Medicare & Medicaid Services';
(C) in section 916 (42 U.S.C.
299b-5)--
(i) in subsection (b)(2),
by striking `Health Care Financing Administration' and inserting `Centers
for Medicare & Medicaid Services'; and
(ii) in subsection
(c)(2), by striking `Health Care Financing Administration' and inserting
`Centers for Medicare & Medicaid Services';
(D) in section 921(c)(3)(A)
(42 U.S.C. 299c(c)(3)(A)), by striking `Health Care Financing Administration'
and inserting `Centers for Medicare & Medicaid Services';
(E) in section 1318(a)(2) (42
U.S.C. 300e-17(a)(2)), by striking `Health Care Financing Administration'
and inserting `Centers for Medicare & Medicaid Services';
(F) in section 2102(a)(7) (42
U.S.C. 300aa-2(a)(7)), by striking `Health Care Financing Administration'
and inserting `Centers for Medicare & Medicaid Services'; and
(G) in section 2675(a) (42
U.S.C. 300ff-75(a)), by striking `Health Care Financing Administration'
in the first sentence and inserting `Centers for Medicare & Medicaid
Services'.
(3) AMENDMENTS TO THE INTERNAL REVENUE
CODE OF 1986- Section 6103(l)(12) of the Internal Revenue Code of 1986 is
amended--
(A) in subparagraph (B), by
striking `Health Care Financing Administration' in the matter preceding
clause (i) and inserting `Centers for Medicare & Medicaid Services';
and
(B) in subparagraph (C)--
(i) by striking `HEALTH
CARE FINANCING ADMINISTRATION' in the heading and inserting `CENTERS FOR
MEDICARE & MEDICAID SERVICES'; and
(ii) by striking
`Health Care Financing Administration' in the matter preceding clause
(i) and inserting `Centers for Medicare & Medicaid Services'.
(4) AMENDMENTS TO TITLE 10, UNITED
STATES CODE- Title 10, United States Code, is amended--
(A) in section 1086(d)(4),
by striking `administrator of the Health Care Financing Administration'
in the last sentence and inserting `Administrator of the Centers for Medicare
& Medicaid Services'; and
(B) in section 1095(k)(2),
by striking `Health Care Financing Administration' in the second sentence
and inserting `Centers for Medicare & Medicaid Services'.
(5) AMENDMENTS TO THE ALZHEIMER'S DISEASE
AND RELATED DEMENTIAS SERVICES RESEARCH ACT OF 1992- The Alzheimer's Disease
and Related Dementias Research Act of 1992 (42 U.S.C. 11271 et seq.) is amended--
(A) in the heading of subpart
3 of part D to read as follows:
`Subpart 3--Responsibilities of the Centers for Medicare & Medicaid
Services';
(B) in section 937 (42 U.S.C.
11271)--
(i) in subsection (a),
by striking `National Health Care Financing Administration' and inserting
`Centers for Medicare & Medicaid Services';
(ii) in subsection
(b)(1), by striking `Health Care Financing Administration' and inserting
`Centers for Medicare & Medicaid Services';
(iii) in subsection
(b)(2), by striking `Health Care Financing Administration' and inserting
`Centers for Medicare & Medicaid Services'; and
(iv) in subsection
(c), by striking `Health Care Financing Administration' and inserting
`Centers for Medicare & Medicaid Services'; and
(C) in section 938 (42 U.S.C.
11272), by striking `Health Care Financing Administration' and inserting
`Centers for Medicare & Medicaid Services'.
(6) MISCELLANEOUS AMENDMENTS-
(A) REHABILITATION ACT OF 1973-
Section 202(b)(8) of the Rehabilitation Act of 1973 (29 U.S.C. 762(b)(8))
is amended by striking `Health Care Financing Administration' and inserting
`Centers for Medicare & Medicaid Services'.
(B) INDIAN HEALTH CARE IMPROVEMENT
ACT- Section 405(d)(1) of the Indian Health Care Improvement Act (25 U.S.C.
1645(d)(1)) is amended by striking `Health Care Financing Administration'
in the matter preceding subparagraph (A) and inserting `Centers for Medicare
& Medicaid Services'.
(C) INDIVIDUALS WITH DISABILITIES
EDUCATION ACT- Section 644(b)(5) of the Individuals with Disabilities Education
Act (20 U.S.C. 1444(b)(5)) is amended by striking `Health Care Financing
Administration' and inserting `Centers for Medicare & Medicaid Services'.
(D) THE HOME HEALTH CARE AND
ALZHEIMER'S DISEASE AMENDMENTS OF 1990- Section 302(a)(9) of the Home Health
Care and Alzheimer's Disease Amendments of 1990 (42 U.S.C. 242q-1(a)(9))
is amended by striking `Health Care Financing Administration' and inserting
`Centers for Medicare & Medicaid Services'.
(E) THE CHILDREN'S HEALTH ACT
OF 2000- Section 2503(a) of the Children's Health Act of 2000 (42 U.S.C.
247b-3a(a)) is amended by striking `Health Care Financing Administration'
and inserting `Centers for Medicare & Medicaid Services'.
(F) THE NATIONAL INSTITUTES
OF HEALTH REVITALIZATION ACT OF 1993- Section 1909 of the National Institutes
of Health Revitalization Act of 1993 (42 U.S.C. 299a note) is amended by
striking `Health Care Financing Administration' and inserting `Centers for
Medicare & Medicaid Services'.
(G) THE OMNIBUS BUDGET RECONCILIATION
ACT OF 1990- Section 4359(d) of the Omnibus Budget Reconciliation Act of
1990 (42 U.S.C. 1395b-3(d)) is amended by striking `Health Care Financing
Administration' and inserting `Centers for Medicare & Medicaid Services'.
(H) THE MEDICARE, MEDICAID,
AND SCHIP BENEFITS IMPROVEMENT AND PROTECTION ACT OF 2000- Section 104(d)(4)
of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection
Act of 2000 (42 U.S.C. 1395m note) is amended by striking `Health Care Financing
Administration' and inserting `Health Care'.
(7) ADDITIONAL AMENDMENT- Section 403
of the Act entitled, `An Act to authorize certain appropriations for the territories
of the United States, to amend certain Acts relating thereto, and for other
purposes', enacted October 15, 1977 (48 U.S.C. 1574-1; 48 U.S.C. 1421q-1),
is amended by striking `Health Care Financing Administration' and inserting
`Centers for Medicare & Medicaid Services'.
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