81 FR 70116 - Privacy Act of 1974, CMS Computer Match No. 2016-14, HHS Computer Match No. 1608

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

Federal Register Volume 81, Issue 196 (October 11, 2016)

In accordance with the requirements of the Privacy Act of 1974, as amended, this notice announces the establishment of a CMP that CMS plans to conduct with the Office of Personnel Management (OPM).

[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Notices]
[Pages 70116-70117]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24387]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services


Privacy Act of 1974, CMS Computer Match No. 2016-14, HHS Computer 
Match No. 1608

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

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 establishment of a CMP that 
CMS plans to conduct with the Office of Personnel Management (OPM).

DATES: Effective Dates: Comments are invited on all portions of this 
notice. Public comments are due within 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), 30 days after a copy of the matching agreement is 
transmitted to Congress, or 30 days after the report of the matching 
program is published in the Federal Register, whichever is later.
    For Information Contact: The public should send comments to: CMS 
Privacy Act Officer, Division of Security, Privacy Policy & Governance, 
Information Security & Privacy Group, Office of Enterprise Information, 
CMS, Room Nl-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: Lindsey Murtagh, Center for Consumer 
Information and Insurance Oversight, Centers for Medicare & Medicaid 
Services, Phone: (301) 492-4106, 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 are matched with other Federal, state, or local government 
records. It requires Federal agencies involved in computer matching 
programs (CMP) 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 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.

Walter Stone,
CMS Privacy Act Officer, Centers for Medicare & Medicaid Services.

CMS Computer Match No. 2016-14

HHS Computer Match No.1608

Name

    ``Computer Matching Agreement between the Department of Health and 
Human Services, Centers for Medicare & Medicaid Services and the Office 
of Personnel Management For The Verification of Eligibility For Minimum 
Essential Coverage Under the Patient Protection and Affordable Care Act 
Through an Office of Personnel Management Health Benefits Plan.''

Security Classification

    Unclassified.

Participating Agencies

    Department of Health and Human Services (HHS), Centers for Medicare 
& Medicaid Services (CMS), and the Office of Personnel Management 
(OPM).

Authority for Conducting Matching Program

    Sections 1411 and 1413 of the Patient Protection and Affordable 
Care Act of 2010 (Public Law 111-148), as amended by the Health Care 
and Education Reconciliation Act of 2010 (Public Law 111-152) 
(collectively, the ACA) require the Secretary of HHS to establish a 
program for applying for and determining eligibility for advance 
payments of the premium tax credit and cost-sharing reductions and 
authorize 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) 
(Public Lawl00-503), amended the Privacy Act (5 U.S.C. 552a) and 
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 through the CMS Data Services Hub (Hub) by 
agencies administering applicable State health subsidy programs using 
the Enterprise Human Resources Integration Data Warehouse (EHRIDW) 
Status File provided to CMS by OPM 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 OPM will 
provide records, information, or data to CMS for verifying eligibility 
for Minimum Essential Coverage through an OPM Federal Employees Health 
Benefits Plan. The data will be used by CMS in its capacity as a 
Federally-facilitated Exchange, and agencies administering applicable 
State health subsidy programs that will receive the results of 
verifications using OPM data obtained through the CMS Data Services 
Hub.
    Data will be matched for the purpose of verifying an Applicant or 
Enrollee's eligibility for OPM Federal Employees Health Benefit Plans 
that constitute minimum essential coverage as defined in 5000A(f) of 
the Internal Revenue Code of 1986, 26 U.S.C. 5000A, as amended by 1501 
of the ACA.

Description of Records To Be Used in the Matching Program

    The CMP will be conducted with data maintained by CMS in the Health 
Insurance Exchanges (HIX) Program, CMS System No. 09-70-0560, as 
amended. The system is described in

[[Page 70117]]

System of Records Notice (SORN) published at 78 Federal Register (FR) 
63211 (Oct. 23, 2013).
    The OPM System of Records for this matching program is titled 
``General Personnel Records'' (OPM/GOVT-1), published at 77 Federal 
Register, 73694 (December 11, 2012). OPM will submit to CMS a monthly 
Status File that is a full refresh of all Federal employee health care 
insurance information. OPM also will submit to CMS, on an annual basis, 
a Premium Spread Index File that provides information identifying the 
lowest self-only premium for an OPM FEHB plan available to a Federal 
employee in each State as well as national OPM FEHB plans.

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 0MB, 30 days after a copy of 
the matching agreement is transmitted to 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. 2016-24387 Filed 10-7-16; 8:45 am]
 BILLING CODE 4120-03-P