117 STAT. 2370
5 USC 5314 note.
PUBLIC LAW 108–173—DEC. 8, 2003
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. ‘‘(C) Actuarial sciences. ‘‘(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. ‘‘(3) RATES OF PAYMENT.— ‘‘(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)—
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