PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2397
future to hear and decide such cases in a timely manner, taking into account the current and anticipated claims volume, appeals, number of beneficiaries, and statutory changes. (B) COST PROJECTIONS AND FINANCING.—Funding levels required for fiscal year 2005 and subsequent fiscal years to carry out the functions transferred under the plan. (C) TRANSITION TIMETABLE.—A timetable for the transition. (D) REGULATIONS.—The establishment of specific regulations to govern the appeals process. (E) CASE TRACKING.—The development of a unified case tracking system that will facilitate the maintenance and transfer of case specific data across both the fee-forservice and managed care components of the medicare program. (F) FEASIBILITY OF PRECEDENTIAL AUTHORITY.—The feasibility of developing a process to give decisions of the Departmental Appeals Board in the Department of Health and Human Services addressing broad legal issues binding, precedential authority. (G) ACCESS TO ADMINISTRATIVE LAW JUDGES.—The feasibility of— (i) filing appeals with administrative law judges electronically; and (ii) conducting hearings using tele- or video-conference technologies. (H) INDEPENDENCE OF ADMINISTRATIVE LAW JUDGES.— The steps that should be taken to ensure the independence of administrative law judges consistent with the requirements of subsection (b)(2). (I) GEOGRAPHIC DISTRIBUTION.—The steps that should be taken to provide for an appropriate geographic distribution of administrative law judges throughout the United States to carry out subsection (b)(3). (J) HIRING.—The steps that should be taken to hire administrative law judges (and support staff) to carry out subsection (b)(4). (K) PERFORMANCE STANDARDS.—The appropriateness of establishing performance standards for administrative law judges with respect to timelines for decisions in cases under title XVIII of the Social Security Act taking into account requirements under subsection (b)(2) for the independence of such judges and consistent with the applicable provisions of title 5, United States Code relating to impartiality. (L) SHARED RESOURCES.—The steps that should be taken to carry out subsection (b)(6) (relating to the arrangements with the Commissioner of Social Security to share office space, support staff, and other resources, with appropriate reimbursement). (M) TRAINING.—The training that should be provided to administrative law judges with respect to laws and regulations under title XVIII of the Social Security Act. (3) ADDITIONAL INFORMATION.—The plan may also include recommendations for further congressional action, including modifications to the requirements and deadlines established
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