Final Report, Appendix B: Commission Charter, Executive Orders, Charter

Appendix B
Commission Charter, Executive Orders

Purpose The Advisory Commission on Consumer Protection and Quality in the Health Care Industry was established by Executive Order 13017, dated September 5, 1996, to advise the President on changes occurring in the health care system and, where appropriate, to make recommendations on how best to promote and assure consumer protection and health care quality.

Authority

Executive Order 13017, dated September 5, 1996, with an amendment made with Executive Order 13040, dated March 26, 1997. The Commission is governed by the provisions of Public Law 92-463, as amended (5 U.S.C. Appendix 2), which sets forth standards for the formation and use of advisory committees.

Functions

The Commission shall advise the President on changes occurring in the health care system and recommend measures as may be necessary to promote and assure health care quality and value, and protect consumers and workers in the health care system. In particular, the Commission will:

Review the available data in the area of consumer information and protections for those enrolled in health care plans and make recommendations as may be necessary for improvements;
review existing and planned work that defines, measures, and promotes quality of health care, and help build further consensus on approaches to assure and promote quality of care in a changing delivery system; and
collect and evaluate data on changes in availability of treatment and services, and make such recommendations as may be necessary for improvements.

Structure

The Advisory Commission on Consumer Protection and Quality in the Health Care Industry shall be composed of not more than 32 members appointed by the President. The Secretary of Health and Human Services and the Secretary of Labor shall serve as Co-Chairs of the Commission. The Co-Chairs shall report through the Vice President to the President. The members will be: (i) consumers; (ii) institutional health care providers, including the public health community; (iii) health care professions, including representatives of essential care providers; (iv) other health care workers; (v) health care insurers; (vi) health care purchasers; (vii) state and local government; and (viii) experts in health care quality, financing, and administration.

The members shall be invited to serve for the life of the Commission.

Administration

For the purpose of carrying out its function, the Commission may hold hearings, establish subcommittees, and convene and act at such times and places as the Commission may find advisable.

To the extent permitted by law, and subject to the availability of appropriations, the Department of Health and Human Services (DHHS) shall provide the Commission with administrative services, funds, facilities, staff, and other support services necessary for the performance of the Commission's functions.

The Secretary of Health and Human Services shall perform the administrative functions of the President under the Federal Advisory Committee Act, as amended (5 U.S.C. App.), with respect to the Commission.

Meetings

Meetings shall be held as often as necessary at the call of the Co-Chairs, who shall also approve the agenda. Meetings of the subcommittee(s) shall be convened as necessary.

Meetings shall be open to the public except as determined otherwise by the Co-Chairs; notice of all meetings shall be given to the public.

Meetings shall be conducted, and records of proceedings kept, as required by applicable laws and Departmental regulations.

Compensation

Members may receive compensation for their work on the Commission at a rate not to exceed that specified for Level IV of the Executive Schedule (5 U.S.C. 5315). While engaged in the work of the Commission, members appointed from among private citizens of the United States may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government service (5 U.S.C. 5701-5707) to the extent funds are available for such purposes.

Annual Cost Estimate

Annual estimated cost for operating the Commission, including compensation and travel expenses for members, but excluding staff support, is $700,000. Estimate of annual person years of staff support is estimated at annual cost of $1,100,000.

Reports

The Commission shall make a preliminary report to the President by January 31, 1998. A final report shall be submitted to the President by March 30, 1998.

Termination Date

The Commission shall terminate 30 days after submitting its final report, but not later than 2 years from the date of this charter, unless extended by the President.

Executive Order 13017

Advisory Commission on Consumer Protection
and Quality in the Health Care Industry

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Advisory Committee Act, as amended (5 U.S.C. App.), it is hereby ordered as follows:

Section I. Establishment

There is established the Advisory Commission on Consumer Protection and Quality in the Health Care Industry (the "Commission"). The Commission shall be composed of not more than 20 members to be appointed by the President. The members will be consumers, institutional health care providers, health care professionals, other health care workers, health care insurers, health care purchasers, State and local government representatives, and experts in health care quality, financing, and administration.
The Secretary of Health and Human Services and the Secretary of Labor shall serve as Co-Chairs of the Commission. The Co-Chairs shall report through the Vice President to the President.

Section II. Functions

The Commission shall advise the President on changes occurring in the health care system and recommend such measures as may be necessary to promote and assure health care quality and value, and protect consumers and workers in the health care system. In particular, the Commission shall:
1. Review the available data in the area of consumer information and protections for those enrolled in health care plans and make such recommendations as may be necessary for improvements;
2. Review existing and planned work that defines, measures, and promotes quality of health care, and help build further consensus on approaches to assure and promote quality of care in a changing delivery system; and
3. Collect and evaluate data on changes in availability of treatment and services, and make such recommendations as may be necessary for improvements.
For the purpose of carrying out its functions, the Commission may hold hearings, establish subcommittees, and convene and act at such times and places as the Commission may find advisable.

Section III. Reports

The Commission shall make a preliminary report to the President by September 30, 1997. A final report shall be submitted to the President 18 months after the Commission's first meeting.

Section IV. Administration

To the extent permitted by law, the heads of executive departments and agencies and independent agencies (collectively "agencies") shall provide the Commission, upon request, with such information as it may require for the purposes of carrying out its functions.
Members of the Commission may receive compensation for their work on the Commission not to exceed the daily rate specified for Level IV of the Executive Schedule (5 U.S.C. 5315). While engaged in the work of the Commission, members appointed from among private citizens of the United States may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government service (5 U.S.C. 5701-5707) to the extent funds are available for such purposes.
To the extent permitted by law and subject to the availability of appropriations, the Department of Health and Human Services shall provide the Commission with administrative services, funds, facilities, staff, and other support services necessary for the performance of the Commission's functions. The Secretary of Health and Human Services shall perform the administrative functions of the President under the Federal Advisory Committee Act, as amended (5 U.S.C. App.), with respect to the Commission.

Section V. General Provision

The Commission shall terminate 30 days after submitting its final report, but not later than 2 years from the date of this order, unless extended by the President.

William J. Clinton
The White House,

September 5, 1996

[Filed with the Office of the Federal Register, 10:28 a.m., September 6, 1996]

Note: This Executive Order was published in the Federal Register on September 9.

Executive Order 13040

Amendment to Executive Order 13017
Advisory Commission on Consumer Protection
and Quality in the Health Care Industry

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to expand membership and ensure broad-based representation for the Advisory Commission on Consumer Protection and Quality in the Health Care Industry, and to revise the deadlines for the Commission's submission to the President of interim and final reports, it is hereby ordered as follows:

Section I

Section I (a) of Executive Order 13017 is amended by deleting the number "20" in the second sentence and inserting the number "32" in lieu thereof.

Section II

Section III of Executive Order 13017 is amended to read as follows:

"Section III. Reports