81_FR_11316 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

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)

Page Range11274-11275
FR Document2016-04732

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 Issue 42 (Thursday, March 3, 2016)
[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.

-----------------------------------------------------------------------

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



                                                  11274                         Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices

                                                  DEPARTMENT OF HEALTH AND                                individuals applying for and receiving                interfaces and an on-line system for the
                                                  HUMAN SERVICES                                          Federal benefits. Section 7201 of the                 verification of eligibility.
                                                                                                          Omnibus Budget Reconciliation Act of                    The Computer Matching and Privacy
                                                  Centers for Medicare & Medicaid                         1990 (Pub. L. 101–508) further amended                Protection Act of 1988 (CMPPA) (Pub. L.
                                                  Services                                                the Privacy Act regarding protections for             100–503), amended the Privacy Act (5
                                                                                                          such individuals. The Privacy Act, as                 U.S.C. 552a) requires the parties
                                                  Privacy Act of 1974; CMS Computer                       amended, regulates the use of computer                participating in a matching program to
                                                  Match No. 2016–11; HHS Computer                         matching by Federal agencies when                     execute a written agreement specifying
                                                  Match No. 1601; Effective Date—April                    records in a system of records are                    the terms and conditions under which
                                                  2, 2016; Expiration Date—October 2,                     matched with other Federal, state, or                 the matching will be conducted. CMS
                                                  2017                                                    local government records. It requires                 has determined that status verification
                                                  AGENCY:  Centers for Medicare &                         Federal agencies involved in computer                 checks to be conducted by the
                                                  Medicaid Services (CMS), Department                     matching programs to:                                 Federally-facilitated Exchange (FFE),
                                                  of Health and Human Services (HHS).                       1. Negotiate written agreements with                and State-based Administering Entities
                                                                                                          the other agencies participating in the               using the data transmitted through the
                                                  ACTION: Notice of computer matching
                                                                                                          matching programs;                                    CMS Federal Data Services Hub
                                                  program.                                                  2. Obtain the Data Integrity Board                  constitute a ‘‘computer matching
                                                  SUMMARY:  In accordance with the                        approval of the match agreements;                     program’’ as defined in the CMPPA.
                                                  requirements of the Privacy Act of 1974,                  3. Furnish detailed reports about
                                                                                                          matching programs to Congress and                     PURPOSE(S) OF THE MATCHING PROGRAM:
                                                  as amended, this notice announces the
                                                  establishment of a computer matching                    OMB;                                                     The purpose of the Computer
                                                  program that CMS plans to conduct                         4. Notify applicants and beneficiaries              Matching Agreement is to establish the
                                                  with the State-based Administering                      that their records are subject to                     terms, conditions, safeguards, and
                                                  Entities.                                               matching; and,                                        procedures under which CMS will
                                                                                                            5. Verify match findings before                     disclose certain information to State-
                                                  DATES:  Comments are invited on all                     reducing, suspending, terminating, or                 based Administering Entities in
                                                  portions of this notice. Submit public                  denying an individual’s benefits or                   accordance with the Patient Protection
                                                  comments on or before April 1, 2016.                    payments.                                             and Affordable Care Act of 2010 (Pub.
                                                  The computer matching program will                        This matching program meets the                     L. 111–148), as amended by the Health
                                                  become effective no sooner than 40 days                 requirements of the Privacy Act of 1974,              Care and Education Reconciliation Act
                                                  after the report of the computer                        as amended.                                           (Pub. L. 111–152), which are referred to
                                                  matching program is sent to the Office                                                                        collectively as the Affordable Care Act
                                                  of Management and Budget (OMB) and                      Walter Stone,
                                                                                                                                                                (ACA), amendments to the Social
                                                  copies of the agreement are sent to                     CMS Privacy Officer, Centers for Medicare
                                                                                                          & Medicaid Services.                                  Security Act made by the ACA, and the
                                                  Congress, or 30 days after publication in                                                                     implementing regulations. The
                                                  the Federal Register, whichever is later.               CMS Computer Match No. 2016–11                        Administering Entities will use the data,
                                                  ADDRESSES: The public should send                       HHS Computer Match No. 1601                           accessed through the Hub, to make
                                                  comments to: CMS Privacy Officer,                                                                             eligibility determinations for enrollment
                                                  Division of Security, Privacy Policy and                  Name: ‘‘Computer Matching
                                                                                                                                                                in an applicable State health subsidy
                                                  Governance, Information Security and                    Agreement between the Department of
                                                                                                                                                                program. This Computer Matching
                                                  Privacy Group, Office of Enterprise                     Health and Human Services, Centers for
                                                                                                                                                                Agreement also establishes the terms,
                                                  Information, CMS, Room N1–24–08,                        Medicare & Medicaid Services and the
                                                                                                                                                                conditions, safeguards, and procedures
                                                  7500 Security Boulevard, Baltimore,                     State-Based Administering Entities for
                                                                                                                                                                under which State Medicaid/CHIP
                                                  Maryland 21244–1850. Comments                           Determining Eligibility for Enrollment
                                                                                                                                                                agencies shall provide data to CMS (as
                                                  received will be available for review at                in Applicable State Health Subsidy
                                                                                                                                                                the Federally-facilitated Marketplace
                                                  this location, by appointment, during                   Programs under the Patient Protection
                                                                                                                                                                (FFM)), State-based Marketplaces
                                                  regular business hours, Monday through                  and Affordable Care Act.’’
                                                                                                                                                                (SBMs) and BHPs to verify whether an
                                                  Friday from 9:00 a.m.–3:00 p.m., Eastern                SECURITY CLASSIFICATION:                              applicant or enrollee who has submitted
                                                  Time zone.                                                Unclassified.                                       an application to the FFM or a SBM has
                                                  FOR FURTHER INFORMATION CONTACT:                                                                              current eligibility or enrollment in a
                                                                                                          PARTICIPATING AGENCIES:                               Medicaid/CHIP program.
                                                  Elizabeth Kane, Acting Director,
                                                  Verifications Policy & Operations                         Department of Health and Human
                                                                                                          Services (HHS), Centers for Medicare &                DESCRIPTION OF RECORDS TO BE USED IN THE
                                                  Division, Eligibility and Enrollment                                                                          MATCHING PROGRAM:
                                                  Policy and Operations Group, Center for                 Medicaid Services (CMS), and the State-
                                                  Consumer Information and Insurance                      Based Administering Entities.                            This computer matching program will
                                                  Oversight, CMS, 7501 Wisconsin                                                                                be conducted with data maintained by
                                                                                                          AUTHORITY FOR CONDUCTING MATCHING                     CMS in the Health Insurance Exchanges
                                                  Avenue, Bethesda, MD 20814, Office                      PROGRAM:
                                                  Phone: (301) 492–4418, Facsimile: (443)                                                                       Program, CMS System No. 09–70–0560,
                                                                                                             Sections 1411 and 1413 of the Patient              as amended. The system is described in
                                                  380–5531, Email:                                        Protection and Affordable Care Act of
                                                  Elizabeth.Kane@cms.hhs.gov.                                                                                   the System of Records Notice published
                                                                                                          2010 (Pub. L. 111–148), as amended by                 at 78 FR 63211 (Oct. 23, 2013).
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                                                  SUPPLEMENTARY INFORMATION:    The                       the Health Care and Education
                                                  Computer Matching and Privacy                           Reconciliation Act of 2010 (Pub. L. 111–              INCLUSIVE DATES OF THE MATCH:
                                                  Protection Act of 1988 (Pub. L. 100–                    152) (collectively, the ACA) require the                 The matching program will become
                                                  503), amended the Privacy Act (5 U.S.C.                 Secretary of HHS to establish a program               effective no sooner than 40 days after
                                                  552a) by describing the manner in                       for applying for and determining                      the report of the matching program is
                                                  which computer matching involving                       eligibility for enrollment in applicable              sent to the Office of Management and
                                                  Federal agencies could be performed                     State health subsidy programs and                     Budget and copies of the agreement are
                                                  and adding certain protections for                      authorizes the use of secure, electronic              sent to Congress, or 30 days after


                                             VerDate Sep<11>2014   19:17 Mar 02, 2016   Jkt 238001   PO 00000   Frm 00102   Fmt 4703   Sfmt 4703   E:\FR\FM\03MRN1.SGM   03MRN1


                                                                                Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices                                              11275

                                                  publication in the Federal Register,                    Phone: (301) 492–4418, Facsimile: (443)               Department of Veterans Affairs,
                                                  whichever is later. The matching                        380–5531, E-Mail: Elizabeth.Kane@                     Veterans Health Administration.
                                                  program will continue for 18 months                     cms.hhs.gov.
                                                                                                                                                                AUTHORITY FOR CONDUCTING MATCHING
                                                  from the effective date and may be                      SUPPLEMENTARY INFORMATION:      The                   PROGRAM:
                                                  extended for an additional 12 months                    Computer Matching and Privacy                            Sections 1411 and 1413 of the Patient
                                                  thereafter, if certain conditions are met.              Protection Act of 1988 (Pub. L. 100–                  Protection and Affordable Care Act of
                                                  [FR Doc. 2016–04732 Filed 3–2–16; 8:45 am]              503), amended the Privacy Act (5 U.S.C.               2010 (Pub. L. 111–148), as amended by
                                                  BILLING CODE 4120–03–P                                  552a) by describing the manner in                     the Health Care and Education
                                                                                                          which computer matching involving                     Reconciliation Act of 2010 (Pub. L. 111–
                                                                                                          Federal agencies could be performed                   152) (collectively, the ACA) require the
                                                  DEPARTMENT OF HEALTH AND                                and adding certain protections for                    Secretary of HHS to establish a program
                                                  HUMAN SERVICES                                          individuals applying for and receiving                for applying for and determining
                                                                                                          Federal benefits. Section 7201 of the                 eligibility for applicable State health
                                                  Centers for Medicare & Medicaid
                                                                                                          Omnibus Budget Reconciliation Act of                  subsidy programs and authorize the use
                                                  Services
                                                                                                          1990 (Pub. L. 101–508) further amended                of secure, electronic interfaces and an
                                                  [CMS Computer Match No. 2016–08; HHS                    the Privacy Act regarding protections for             on-line system for the verification of
                                                  Computer Match No. 1605]                                such individuals. The Privacy Act, as                 eligibility.
                                                                                                          amended, regulates the use of computer                   The Computer Matching and Privacy
                                                  Privacy Act of 1974; Effective Date—                    matching by Federal agencies when                     Protection Act of 1988 (CMPPA) (Pub. L.
                                                  April 2, 2016; Expiration Date—October                  records in a system of records are                    100–503), amended the Privacy Act (5
                                                  2, 2017                                                 matched with other Federal, state, or                 U.S.C. 552a) and requires the parties
                                                  AGENCY:  Centers for Medicare &                         local government records. It requires                 participating in a matching program to
                                                  Medicaid Services (CMS), Department                     Federal agencies involved in computer                 execute a written agreement specifying
                                                  of Health and Human Services (HHS)                      matching programs to:                                 the terms and conditions under which
                                                                                                            1. Negotiate written agreements with                the matching will be conducted. CMS
                                                  ACTION: Notice of Computer Matching                                                                           has determined that status verification
                                                                                                          the other agencies participating in the
                                                  Program.                                                                                                      checks to be conducted by the CMS
                                                                                                          matching programs;
                                                  SUMMARY:   In accordance with the                         2. Obtain the Data Integrity Board                  Federal Data Services Hub and
                                                  requirements of the Privacy Act of 1974,                approval of the match agreements;                     Federally-facilitated Exchange using the
                                                  as amended, this notice announces the                     3. Furnish detailed reports about                   data source provided to CMS by VHA
                                                  establishment of a computer matching                    matching programs to Congress and                     constitute a ‘‘computer matching
                                                  program that CMS plans to conduct                       OMB;                                                  program’’ as defined in the CMPPA.
                                                  with the Department of Veterans Affairs,                  4. Notify applicants and beneficiaries              PURPOSE(S) OF THE MATCHING PROGRAM:
                                                  Veterans Health Administration (VHA).                   that their records are subject to                        The purpose of the Computer
                                                  DATES: Effective Dates: Comments are                    matching; and,                                        Matching Agreement is to establish the
                                                  invited on all portions of this notice.                   5. Verify match findings before                     terms, conditions, safeguards, and
                                                  Submit public comments on or before                     reducing, suspending, terminating, or                 procedures under which the VHA will
                                                  April 1, 2016. This computer matching                   denying an individual’s benefits or                   provide records, information, or data to
                                                  program will become effective no sooner                 payments.                                             CMS for verifying eligibility for
                                                  than 40 days after the report of the                      This matching program meets the                     minimum essential coverage through a
                                                  computer matching program is sent to                    requirements of the Privacy Act of 1974,              Veterans Health Care Program. A
                                                  the Office of Management and Budget                     as amended.                                           Veterans Health Care Program
                                                  (OMB) and copies of the agreement are                   Walter D. Stone,                                      constitutes minimum essential coverage
                                                  sent to Congress, or 30 days after                      CMS Privacy Officer, Centers for Medicare             as defined in Section 5000A(f) of the
                                                  publication in the Federal Register,                    & Medicaid Services.                                  Internal Revenue Code of 1986, 26
                                                  whichever is later.                                                                                           U.S.C. 5000A, as amended by § 1501 of
                                                                                                          CMS Computer Match No. 2016–07                        the ACA. The VHA data will be used by
                                                  ADDRESSES: The public should send
                                                  comments to: CMS Privacy Officer,                                                                             (1) CMS in its capacity as a Federally-
                                                                                                          HHS Computer Match No. 1605
                                                  Division of Security, Privacy Policy and                                                                      facilitated Exchange and the Federal
                                                  Governance, Information Security and                      Name: ‘‘Computer Matching                           eligibility and enrollment platform, and
                                                  Privacy Group, Office of Enterprise                     Agreement between the Department of                   (2) agencies administering applicable
                                                  Information, CMS, Room N1–24–08,                        Health and Human Services, Centers for                State health subsidy programs. These
                                                  7500 Security Boulevard, Baltimore,                     Medicare & Medicaid Services and the                  entities will receive the results of
                                                  Maryland 21244–1850. Comments                           Department of Veterans Affairs,                       verifications using information received
                                                  received will be available for review at                Veterans Health Administration for the                by CMS through the CMS Federal Data
                                                  this location, by appointment, during                   Verification of Eligibility for Minimum               Services Hub from Applicants and
                                                  regular business hours, Monday through                  Essential Coverage under the Patient                  Enrollees that will be matched with the
                                                  Friday from 9:00 a.m.–3:00 p.m., Eastern                Protection and Affordable Care Act                    VHA data.
                                                  Time zone.                                              through a Veterans Health
                                                                                                                                                                DESCRIPTION OF RECORDS TO BE USED IN THE
                                                                                                          Administration Health Benefits Plan.’’
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  FOR FURTHER INFORMATION CONTACT:                                                                              MATCHING PROGRAM:
                                                  Elizabeth Kane, Acting Director,                        SECURITY CLASSIFICATION:                                The computer matching program will
                                                  Verifications Policy & Operations                         Unclassified.                                       be conducted with data maintained by
                                                  Division, Eligibility and Enrollment                                                                          CMS in the Health Insurance Exchanges
                                                  Policy and Operations Group, Center for                 PARTICIPATING AGENCIES:                               Program, CMS System No. 09–70–0560,
                                                  Consumer Information and Insurance                        Department of Health and Human                      as amended. The system is described in
                                                  Oversight, CMS, 7501 Wisconsin                          Services (HHS), Centers for Medicare &                System of Records Notice published at
                                                  Avenue, Bethesda, MD 20814, Office                      Medicaid Services (CMS), and the                      78 FR 63211 (Oct. 23, 2013).


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Document Created: 2016-03-03 03:51:09
Document Modified: 2016-03-03 03:51:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of computer matching program.
DatesComments 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.
ContactElizabeth 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]
FR Citation81 FR 11274 

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