81 FR 11274 - Privacy Act of 1974; CMS Computer Match No. 2016-11; HHS Computer Match No. 1601; Effective Date-April 2, 2016; Expiration Date-October 2, 2017

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services

Federal Register Volume 81, Issue 42 (March 3, 2016)

In accordance with the requirements of the Privacy Act of 1974, as amended, this notice announces the establishment of a computer matching program that CMS plans to conduct with the State-based Administering Entities.

[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Notices]
[Pages 11274-11275]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04732]



[[Page 11274]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services


Privacy Act of 1974; CMS Computer Match No. 2016-11; HHS Computer 
Match No. 1601; Effective Date--April 2, 2016; Expiration Date--October 
2, 2017

AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of 
Health and Human Services (HHS).

ACTION: Notice of computer matching program.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, this notice announces the establishment of a computer 
matching program that CMS plans to conduct with the State-based 
Administering Entities.

DATES: Comments are invited on all portions of this notice. Submit 
public comments on or before April 1, 2016. The computer matching 
program will become effective no sooner than 40 days after the report 
of the computer matching program is sent to the Office of Management 
and Budget (OMB) and copies of the agreement are sent to Congress, or 
30 days after publication in the Federal Register, whichever is later.

ADDRESSES: The public should send comments to: CMS Privacy Officer, 
Division of Security, Privacy Policy and Governance, Information 
Security and Privacy Group, Office of Enterprise Information, CMS, Room 
N1-24-08, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. 
Comments received will be available for review at this location, by 
appointment, during regular business hours, Monday through Friday from 
9:00 a.m.-3:00 p.m., Eastern Time zone.

FOR FURTHER INFORMATION CONTACT: Elizabeth Kane, Acting Director, 
Verifications Policy & Operations Division, Eligibility and Enrollment 
Policy and Operations Group, Center for Consumer Information and 
Insurance Oversight, CMS, 7501 Wisconsin Avenue, Bethesda, MD 20814, 
Office Phone: (301) 492-4418, Facsimile: (443) 380-5531, Email: 
[email protected].

SUPPLEMENTARY INFORMATION: The Computer Matching and Privacy Protection 
Act of 1988 (Pub. L. 100-503), amended the Privacy Act (5 U.S.C. 552a) 
by describing the manner in which computer matching involving Federal 
agencies could be performed and adding certain protections for 
individuals applying for and receiving Federal benefits. Section 7201 
of the Omnibus Budget Reconciliation Act of 1990 (Pub. L. 101-508) 
further amended the Privacy Act regarding protections for such 
individuals. The Privacy Act, as amended, regulates the use of computer 
matching by Federal agencies when records in a system of records are 
matched with other Federal, state, or local government records. It 
requires Federal agencies involved in computer matching programs to:
    1. Negotiate written agreements with the other agencies 
participating in the matching programs;
    2. Obtain the Data Integrity Board approval of the match 
agreements;
    3. Furnish detailed reports about matching programs to Congress and 
OMB;
    4. Notify applicants and beneficiaries that their records are 
subject to matching; and,
    5. Verify match findings before reducing, suspending, terminating, 
or denying an individual's benefits or payments.
    This matching program meets the requirements of the Privacy Act of 
1974, as amended.

Walter Stone,
CMS Privacy Officer, Centers for Medicare & Medicaid Services.
CMS Computer Match No. 2016-11

HHS Computer Match No. 1601
    Name: ``Computer Matching Agreement between the Department of 
Health and Human Services, Centers for Medicare & Medicaid Services and 
the State-Based Administering Entities for Determining Eligibility for 
Enrollment in Applicable State Health Subsidy Programs under the 
Patient Protection and Affordable Care Act.''

SECURITY CLASSIFICATION:
    Unclassified.

PARTICIPATING AGENCIES:
    Department of Health and Human Services (HHS), Centers for Medicare 
& Medicaid Services (CMS), and the State-Based Administering Entities.

AUTHORITY FOR CONDUCTING MATCHING PROGRAM:
    Sections 1411 and 1413 of the Patient Protection and Affordable 
Care Act of 2010 (Pub. L. 111-148), as amended by the Health Care and 
Education Reconciliation Act of 2010 (Pub. L. 111-152) (collectively, 
the ACA) require the Secretary of HHS to establish a program for 
applying for and determining eligibility for enrollment in applicable 
State health subsidy programs and authorizes the use of secure, 
electronic interfaces and an on-line system for the verification of 
eligibility.
    The Computer Matching and Privacy Protection Act of 1988 (CMPPA) 
(Pub. L. 100-503), amended the Privacy Act (5 U.S.C. 552a) requires the 
parties participating in a matching program to execute a written 
agreement specifying the terms and conditions under which the matching 
will be conducted. CMS has determined that status verification checks 
to be conducted by the Federally-facilitated Exchange (FFE), and State-
based Administering Entities using the data transmitted through the CMS 
Federal Data Services Hub constitute a ``computer matching program'' as 
defined in the CMPPA.

PURPOSE(S) OF THE MATCHING PROGRAM:
    The purpose of the Computer Matching Agreement is to establish the 
terms, conditions, safeguards, and procedures under which CMS will 
disclose certain information to State-based Administering Entities in 
accordance with the Patient Protection and Affordable Care Act of 2010 
(Pub. L. 111-148), as amended by the Health Care and Education 
Reconciliation Act (Pub. L. 111-152), which are referred to 
collectively as the Affordable Care Act (ACA), amendments to the Social 
Security Act made by the ACA, and the implementing regulations. The 
Administering Entities will use the data, accessed through the Hub, to 
make eligibility determinations for enrollment in an applicable State 
health subsidy program. This Computer Matching Agreement also 
establishes the terms, conditions, safeguards, and procedures under 
which State Medicaid/CHIP agencies shall provide data to CMS (as the 
Federally-facilitated Marketplace (FFM)), State-based Marketplaces 
(SBMs) and BHPs to verify whether an applicant or enrollee who has 
submitted an application to the FFM or a SBM has current eligibility or 
enrollment in a Medicaid/CHIP program.

DESCRIPTION OF RECORDS TO BE USED IN THE MATCHING PROGRAM:
    This computer matching program will be conducted with data 
maintained by CMS in the Health Insurance Exchanges Program, CMS System 
No. 09-70-0560, as amended. The system is described in the System of 
Records Notice published at 78 FR 63211 (Oct. 23, 2013).

INCLUSIVE DATES OF THE MATCH:
    The matching program will become effective no sooner than 40 days 
after the report of the matching program is sent to the Office of 
Management and Budget and copies of the agreement are sent to Congress, 
or 30 days after

[[Page 11275]]

publication in the Federal Register, whichever is later. The matching 
program will continue for 18 months from the effective date and may be 
extended for an additional 12 months thereafter, if certain conditions 
are met.

 [FR Doc. 2016-04732 Filed 3-2-16; 8:45 am]
 BILLING CODE 4120-03-P