Assignment of Function Regarding Medicare Funding

This memorandum delegates a specific presidential function under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to the Secretary of Health and Human Services. It assigns the Secretary the authority to perform the President's role under 31 U.S.C. 1105(h)(1), which relates to Medicare funding certification requirements in presidential budget submissions.

Federal Register Open PDF 73 FR 9169

Impact dates

Feb 15, 2008
Federal Register publication (filed)

Key directives

Delegate presidential function under section 802 of Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (31 U.S.C. 1105(h)(1)) to Secretary of HHS
Publish memorandum in Federal Register

Who is ordered

Secretary of Health and Human Services · Department of Health and Human Services

Timeline

Immediate

Delegation of presidential function to HHS Secretary takes effect
Memorandum publication in Federal Register

Near term (90d)

—

Long term

Ongoing HHS performance of assigned budget certification function in future presidential budget submissions

Risks & tensions

Unclear whether this re-delegates authority previously exercised by President or OMB; may create interagency coordination questions between HHS and OMB on budget submissions