CMS

Created byCreated administratively as the Health Care Financing Administration by HHS (then HEW) Secretary's reorganization, March 1977 (42 Fed. Reg. 13262); renamed Centers for Medicare & Medicaid Services in 2001; Administrator's office codified by P.L. 98-369, § 2332 (1984) (SSA § 1117); administers Social Security Act titles XVIII (Medicare), XIX (Medicaid), and XXI (CHIP)

Head appointed42 U.S.C. § 1317(a) (SSA § 1117): Administrator of the Centers for Medicare & Medicaid Services appointed by the President by and with the advice and consent of the Senate; no fixed term (PAS)

Removal standardno statutory protection — at will

Funded underHybrid/trust: Medicare benefits paid from the Federal Hospital Insurance Trust Fund (42 U.S.C. § 1395i) and Federal Supplementary Medical Insurance Trust Fund (42 U.S.C. § 1395t); federal Medicaid share is a mandatory appropriated entitlement (42 U.S.C. § 1396b); agency operations (Program Management) funded by the annual Labor-HHS-Education appropriations act with trust-fund transfers

Congressional oversightHouse Ways and Means (Medicare) and House Energy and Commerce (Medicaid; shared Medicare jurisdiction) · Senate Finance

Inspector generalHHS OIG (PAS establishment IG under the Inspector General Act, 5 U.S.C. ch. 4)

Judicial reviewMedicare claims channeled through agency review then district court under 42 U.S.C. § 405(g)-(h), incorporated by 42 U.S.C. § 1395ii (Shalala v. Illinois Council, 529 U.S. 1 (2000)); Medicaid state-plan disapprovals reviewed directly in the courts of appeals (42 U.S.C. § 1316(a)(3))