81 FR 6863 - Privacy Act of 1974

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

Federal Register Volume 81, Issue 26 (February 9, 2016)

In accordance with the requirements of the Privacy Act of 1974, as amended, this notice announces the re-establishment of a CMP that CMS plans to conduct with the Social Security Administration (SSA).

[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Notices]
[Pages 6863-6864]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02527]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS Computer Match No. 2016-12; HHS Computer Match No. 1604; SSA 
Computer Match No. 1097-1899]


Privacy Act of 1974

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

ACTION: Notice of Computer Matching Program (CMP).

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, this notice announces the re-establishment of a CMP 
that CMS plans to conduct with the Social Security Administration 
(SSA).

DATES: Effective Dates: Comments are invited on all portions of this 
notice. Public comments are due 30 days after publication. 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 
(OMB) and 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 & Governance, Information Security 
& 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, E-Mail: 
[email protected].

SUPPLEMENTARY INFORMATION: The Computer Matching and Privacy Protection 
Act of 1988 (Public Law (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 (SOR) are matched with other Federal, state, or local 
government records. It requires Federal agencies involved in computer 
matching programs to:

[[Page 6864]]

    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 the 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.

Celeste Dade-Vinson,
Health Insurance Specialist, Centers for Medicare & Medicaid Services.

CMS Computer Match No. 2016-12

HHS Computer Match No. 1604
SSA Computer Match No. 1097-1899
Name:
    ``Computer Matching Agreement between the Department of Health and 
Human Services, Centers for Medicare & Medicaid Services and the Social 
Security Administration for Determining Enrollment or Eligibility for 
Insurance Affordability 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 Social Security Administration (SSA)

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 
determining eligibility for certain state health subsidy programs, and 
certifications of Exemption; and authorize use of secure, electronic 
interfaces and an on-line system for the verification of eligibility.

Purpose(S) Of The Matching Program:
    The purpose of the Computer Matching Agreement (CMA) is to re-
establish the terms, conditions, safeguards, and procedures under which 
SSA will disclose information to CMS in connection with the 
administration of state health subside programs under the ACA and its 
implementing regulations. SSA will provide data to CMS, and CMS will 
use SSA data needed to make initial eligibility determinations, 
eligibility redeterminations and renewal decisions, including appeal 
determinations, for state health subsidy programs and certifications of 
exemption. State health subsidy programs include:
    1. Qualified Health Plan through an Exchange established under the 
ACA,
    2. Advance payments of the premium tax credit and cost sharing 
reductions,
    3. Medicaid,
    4. Children's Health Insurance Program, and
    5. Basic Health Program.
    As set forth in the CMA, SSA will provide CMS the following 
information when relevant: (1) Social Security number (SSN) 
verifications, (2) a death indicator, (3) an indicator of a finding of 
disability by SSA under title II of the Social Security Act, (4) 
prisoner data, (5) monthly and annual Social Security benefit 
information under title II of the Social Security Act, (6) quarters of 
coverage, and (7) confirmation that an allegation of citizenship is 
consistent with SSA records.

Description Of Records To Be Used In The Matching Program:
    The matching program will be conducted with data maintained by CMS 
in the Health Insurance Exchanges System (HIX), CMS System No. 09-70-
0560, as amended, published at 78 FR 8538 (Feb. 6, 2013), 78 FR 32256 
(May 29, 2013) and 78 FR 63211 (October 23, 2013).
    The matching program will also be conducted with data maintained by 
SSA in the following SORs:
     Master Files of SSN Holders and SSN Applications, SSA/
OEEAS, 60-0058, 75 FR 82121 (December 29, 2010), as amended 78 FR 40542 
(July 5, 2013);
     Prisoner Update Processing System (PUPS), SSA/OPB, 60-
0269, 64 FR 11076 (March 8, 1999), as amended 72 FR 69723 (December 10, 
2007) and 78 FR 40542 (July 5, 2013);
     Master Beneficiary Record, SSA/ORSIS, 60-0090, 71 FR 1826 
(January 11, 2006), as amended 72 FR 69723 (December 10, 2007) and 78 
FR 40542 (July 5, 2013);
     Earnings Recording and Self-Employment Income System, SSA/
OEEAS, 60-0059, 71 FR 1819(January 11, 2006), as amended 78 FR 40542 
(July 5, 2013).

Inclusive Dates Of The Match:
    The CMP will become effective no sooner than 40 days after the 
report of the matching program is sent to OMB and Congress, or 30 days 
after 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. 2016-02527 Filed 2-8-16; 8:45 am]
 BILLING CODE 4120-01-P