§1317 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Administrator of the Centers for Medicare & Medicaid Services must be chosen by the President and confirmed by the Senate. CMS must have a Chief Actuary who reports directly to the Administrator. The Chief Actuary must be selected from people with strong actuarial education and experience. They must do appropriate actuarial work and follow professional rules for independence. The Chief Actuary can be removed only for cause and is paid at the highest basic rate for the Senior Executive Service under section 5382(b) of title 5. The Chief Actuary’s office must also include an actuary who works only on the programs under parts C and D of subchapter XVIII and related provisions.

Title 42, §1317

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Administrator of the Centers for Medicare & Medicaid Services shall be appointed by the President by and with the advice and consent of the Senate.

(b)(1)There is established in the Centers for Medicare & Medicaid Services the position of Chief Actuary. The Chief Actuary shall be appointed by, and in direct line of authority to, the Administrator of such Centers. The Chief Actuary shall be appointed from among individuals who have demonstrated, by their education and experience, superior expertise in the actuarial sciences. The Chief Actuary shall exercise such duties as are appropriate for the office of the Chief Actuary and in accordance with professional standards of actuarial independence. The Chief Actuary may be removed only for cause.

(2)The Chief Actuary shall be compensated at the highest rate of basic pay for the Senior Executive Service under section 5382(b) of title 5.

(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 subchapter XVIII and related provisions of such subchapter.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1317, act Aug. 14, 1935, ch. 531, title XI, § 1117, as added

July 30, 1965, Pub. L. 89–97, title IV, § 405, 79 Stat. 420; amended Jan. 2, 1968, Pub. L. 90–248, title II, §§ 221(a)–(c), 241(c)(6), 81 Stat. 899, 917, related to maintenance of State public assistance expenditures, prior to repeal by Pub. L. 90–248, title II, § 221(d), Jan. 2, 1968, 81 Stat. 900, eff.

July 1, 1968.

Amendments

2003—Pub. L. 108–173, § 900(e)(1)(A)(i), substituted “Appointment of the Administrator and Chief Actuary of the Centers for Medicare & Medicaid Services” for “Appointment of Administrator and Chief Actuary of Health Care Financing Administration” in section catchline. Subsec. (a). Pub. L. 108–173, § 900(e)(1)(A)(ii), substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration”. Subsec. (b)(1). Pub. L. 108–173, § 900(e)(1)(A)(iii), substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration” and “such Centers” for “such Administration”. Subsec. (b)(3). Pub. L. 108–173, § 900(c), added par. (3). 1997—Pub. L. 105–33 amended section catchline, designated existing provisions as subsec. (a), and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 98–369, div. B, title III, § 2332(c), July 18, 1984, 98 Stat. 1089, provided that: “The

Amendments

made by this section [enacting this section and amending section 5315 of Title 5, Government Organization and Employees] shall apply to appointments made after the date of the enactment of this Act [July 18, 1984].”

§1317 Appointment of the Administrator and Chief Actuary of the Centers for Medicare & Medicaid Services

Summary

Title 42, §1317

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata