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Pursuant to section 3349(b) of title 5 of the United States Code, we are reporting a violation of the Federal Vacancies Reform Act of 1998 at the Centers for Medicare & Medicaid Services (CMS), within the Department of Health and Human Services, with respect to the Administrator position. This position requires Presidential appointment and Senate confirmation under the provisions of 42 U.S.C. 1317(a), and thus is subject to the Vacancies Reform Act. We have reviewed several vacancies in the position of CMS Administrator from October 14, 2006, until April 15, 2016, the time period under consideration here. As a result of our review, we are reporting that the service of one official as Acting Administrator of CMS, Charlene Frizzera, after November 16, 2009, until April 19, 2010, was in violation of the Act. Since the position was subsequently filled, we believe no further action on this issue is necessary.

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