81_FR_70312 81 FR 70116 - Privacy Act of 1974, CMS Computer Match No. 2016-14, HHS Computer Match No. 1608

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)

Page Range70116-70117
FR Document2016-24387

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 Issue 196 (Tuesday, October 11, 2016)
[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).

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

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



                                                    70116                        Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices

                                                    INCLUSIVE DATES OF THE MATCH                            Services, Phone: (301) 492–4106, E-                   Authority for Conducting Matching
                                                      The CMP will become effective no                      Mail: lindsey.murtagh@cms.hhs.gov.                    Program
                                                    sooner than 40 days after the report of                 SUPPLEMENTARY INFORMATION: The                           Sections 1411 and 1413 of the Patient
                                                    the matching program is sent to OMB,                    Computer Matching and Privacy                         Protection and Affordable Care Act of
                                                    30 days after a copy of the matching                    Protection Act of 1988 (Public Law                    2010 (Public Law 111–148), as amended
                                                    agreement is transmitted to Congress, or                (Pub. L) 100–503), amended the Privacy                by the Health Care and Education
                                                    30 days after publication in the Federal                Act (5 U.S.C. 552a) by describing the                 Reconciliation Act of 2010 (Public Law
                                                    Register, whichever is later. The                       manner in which computer matching                     111–152) (collectively, the ACA) require
                                                    matching program will continue for 18                   involving Federal agencies could be                   the Secretary of HHS to establish a
                                                    months from the effective date and may                  performed and adding certain                          program for applying for and
                                                    be extended for an additional 12 months                 protections for individuals applying for              determining eligibility for advance
                                                    thereafter, if certain conditions are met.              and receiving Federal benefits. Section               payments of the premium tax credit and
                                                    [FR Doc. 2016–24388 Filed 10–7–16; 8:45 am]
                                                                                                            7201 of the Omnibus Budget                            cost-sharing reductions and authorize
                                                                                                            Reconciliation Act of 1990 (Pub. L. 101–              use of secure, electronic interfaces and
                                                    BILLING CODE 4120–03–P
                                                                                                            508) further amended the Privacy Act                  an on-line system for the verification of
                                                                                                            regarding protections for such                        eligibility.
                                                    DEPARTMENT OF HEALTH AND                                individuals. The Privacy Act, as                         The Computer Matching and Privacy
                                                    HUMAN SERVICES                                          amended, regulates the use of computer                Protection Act of 1988 (CMPPA) (Public
                                                                                                            matching by Federal agencies when                     Lawl00–503), amended the Privacy Act
                                                    Centers for Medicare & Medicaid                         records in a system of records are
                                                                                                                                                                  (5 U.S.C. 552a) and requires the parties
                                                    Services                                                matched with other Federal, state, or
                                                                                                                                                                  participating in a matching program to
                                                                                                            local government records. It requires
                                                                                                                                                                  execute a written agreement specifying
                                                    Privacy Act of 1974, CMS Computer                       Federal agencies involved in computer
                                                                                                                                                                  the terms and conditions under which
                                                    Match No. 2016–14, HHS Computer                         matching programs (CMP) to:
                                                                                                                                                                  the matching will be conducted. CMS
                                                    Match No. 1608                                            1. Negotiate written agreements with                has determined that status verification
                                                                                                            the other agencies participating in the               checks to be conducted through the
                                                    AGENCY:  Centers for Medicare &                         matching programs;
                                                    Medicaid Services (CMS), Department                                                                           CMS Data Services Hub (Hub) by
                                                                                                              2. Obtain the Data Integrity Board
                                                    of Health and Human Services (HHS).                                                                           agencies administering applicable State
                                                                                                            approval of the match agreements;
                                                    ACTION: Notice of Computer Matching                       3. Furnish detailed reports about                   health subsidy programs using the
                                                    Program (CMP).                                          matching programs to Congress and                     Enterprise Human Resources Integration
                                                                                                            OMB;                                                  Data Warehouse (EHRIDW) Status File
                                                    SUMMARY:   In accordance with the                         4. Notify applicants and beneficiaries              provided to CMS by OPM constitute a
                                                    requirements of the Privacy Act of 1974,                that the records are subject to matching;             ‘‘computer matching program’’ as
                                                    as amended, this notice announces the                   and,                                                  defined in the CMPPA.
                                                    establishment of a CMP that CMS plans                     5. Verify match findings before                     Purpose(s) of the Matching Program
                                                    to conduct with the Office of Personnel                 reducing, suspending, terminating, or
                                                    Management (OPM).                                       denying an individual’s benefits or                      The purpose of the Computer
                                                                                                            payments.                                             Matching Agreement is to establish the
                                                    DATES: Effective Dates: Comments are
                                                                                                              This matching program meets the                     terms, conditions, safeguards, and
                                                    invited on all portions of this notice.                                                                       procedures under which OPM will
                                                    Public comments are due within 30                       requirements of the Privacy Act of 1974,
                                                                                                            as amended.                                           provide records, information, or data to
                                                    days after publication. The matching                                                                          CMS for verifying eligibility for
                                                    program will become effective no sooner                 Walter Stone,                                         Minimum Essential Coverage through
                                                    than 40 days after the report of the                    CMS Privacy Act Officer, Centers for Medicare         an OPM Federal Employees Health
                                                    matching program is sent to the Office                  & Medicaid Services.                                  Benefits Plan. The data will be used by
                                                    of Management and Budget (OMB), 30                                                                            CMS in its capacity as a Federally-
                                                    days after a copy of the matching                       CMS Computer Match No. 2016–14
                                                                                                                                                                  facilitated Exchange, and agencies
                                                    agreement is transmitted to Congress, or                HHS Computer Match No.1608
                                                                                                                                                                  administering applicable State health
                                                    30 days after the report of the matching                Name                                                  subsidy programs that will receive the
                                                    program is published in the Federal                                                                           results of verifications using OPM data
                                                    Register, whichever is later.                             ‘‘Computer Matching Agreement
                                                                                                            between the Department of Health and                  obtained through the CMS Data Services
                                                      For Information Contact: The public                                                                         Hub.
                                                    should send comments to: CMS Privacy                    Human Services, Centers for Medicare &
                                                                                                            Medicaid Services and the Office of                      Data will be matched for the purpose
                                                    Act Officer, Division of Security,                                                                            of verifying an Applicant or Enrollee’s
                                                    Privacy Policy & Governance,                            Personnel Management For The
                                                                                                            Verification of Eligibility For Minimum               eligibility for OPM Federal Employees
                                                    Information Security & Privacy Group,                                                                         Health Benefit Plans that constitute
                                                    Office of Enterprise Information, CMS,                  Essential Coverage Under the Patient
                                                                                                            Protection and Affordable Care Act                    minimum essential coverage as defined
                                                    Room Nl–24–08, 7500 Security                                                                                  in 5000A(f) of the Internal Revenue
                                                    Boulevard, Baltimore, Maryland 21244–                   Through an Office of Personnel
                                                                                                            Management Health Benefits Plan.’’                    Code of 1986, 26 U.S.C. 5000A, as
                                                    1850. Comments received will be
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                                                                                                                                                                  amended by 1501 of the ACA.
                                                    available for review at this location, by               Security Classification
                                                    appointment, during regular business                                                                          Description of Records To Be Used in
                                                                                                              Unclassified.                                       the Matching Program
                                                    hours, Monday through Friday from
                                                    9:00 a.m.–3:00 p.m., Eastern Time zone.                 Participating Agencies                                  The CMP will be conducted with data
                                                    FOR FURTHER INFORMATION CONTACT:                          Department of Health and Human                      maintained by CMS in the Health
                                                    Lindsey Murtagh, Center for Consumer                    Services (HHS), Centers for Medicare &                Insurance Exchanges (HIX) Program,
                                                    Information and Insurance Oversight,                    Medicaid Services (CMS), and the Office               CMS System No. 09–70–0560, as
                                                    Centers for Medicare & Medicaid                         of Personnel Management (OPM).                        amended. The system is described in


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                                                                                 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices                                         70117

                                                    System of Records Notice (SORN)                         any of the following subjects: (1) The                CMS–10088 Notification of FIs and
                                                    published at 78 Federal Register (FR)                   necessity and utility of the proposed                   CMS of co-located Medicare providers
                                                    63211 (Oct. 23, 2013).                                  information collection for the proper                   Under the PRA (44 U.S.C. 3501–
                                                      The OPM System of Records for this                    performance of the agency’s functions;                3520), federal agencies must obtain
                                                    matching program is titled ‘‘General                    (2) the accuracy of the estimated                     approval from the Office of Management
                                                    Personnel Records’’ (OPM/GOVT–1),                       burden; (3) ways to enhance the quality,              and Budget (OMB) for each collection of
                                                    published at 77 Federal Register, 73694                 utility, and clarity of the information to            information they conduct or sponsor.
                                                    (December 11, 2012). OPM will submit                    be collected; and (4) the use of                      The term ‘‘collection of information’’ is
                                                    to CMS a monthly Status File that is a                  automated collection techniques or                    defined in 44 U.S.C. 3502(3) and 5 CFR
                                                    full refresh of all Federal employee                    other forms of information technology to              1320.3(c) and includes agency requests
                                                    health care insurance information. OPM                  minimize the information collection                   or requirements that members of the
                                                    also will submit to CMS, on an annual                   burden.                                               public submit reports, keep records, or
                                                    basis, a Premium Spread Index File that                                                                       provide information to a third party.
                                                                                                            DATES:  Comments must be received by
                                                    provides information identifying the                                                                          Section 3506(c)(2)(A) of the PRA
                                                                                                            December 12, 2016.
                                                    lowest self-only premium for an OPM                                                                           requires federal agencies to publish a
                                                    FEHB plan available to a Federal                        ADDRESSES: When commenting, please
                                                                                                            reference the document identifier or                  60-day notice in the Federal Register
                                                    employee in each State as well as                                                                             concerning each proposed collection of
                                                    national OPM FEHB plans.                                OMB control number. To be assured
                                                                                                            consideration, comments and                           information, including each proposed
                                                    Inclusive Dates of the Match                            recommendations must be submitted in                  extension or reinstatement of an existing
                                                                                                            any one of the following ways:                        collection of information, before
                                                      The CMP will become effective no
                                                                                                              1. Electronically. You may send your                submitting the collection to OMB for
                                                    sooner than 40 days after the report of
                                                                                                            comments electronically to http://                    approval. To comply with this
                                                    the matching program is sent to 0MB, 30
                                                                                                            www.regulations.gov. Follow the                       requirement, CMS is publishing this
                                                    days after a copy of the matching
                                                                                                            instructions for ‘‘Comment or                         notice.
                                                    agreement is transmitted to Congress, or
                                                    30 days after publication in the Federal                Submission’’ or ‘‘More Search Options’’               Information Collection
                                                    Register, whichever is later. The                       to find the information collection
                                                                                                            document(s) that are accepting                           1. Type of Information Collection
                                                    matching program will continue for 18                                                                         Request: Extension of a currently
                                                    months from the effective date and may                  comments.
                                                                                                              2. By regular mail. You may mail                    approved collection; Title of
                                                    be extended for an additional 12 months                                                                       Information Collection: Medicare
                                                    thereafter, if certain conditions are met.              written comments to the following
                                                                                                            address: CMS, Office of Strategic                     Geographic Classification Review Board
                                                    [FR Doc. 2016–24387 Filed 10–7–16; 8:45 am]                                                                   Procedures and Criteria; Use: During the
                                                                                                            Operations and Regulatory Affairs,
                                                    BILLING CODE 4120–03–P
                                                                                                            Division of Regulations Development,                  first few years of IPPS, hospitals were
                                                                                                            Attention: Document Identifier/OMB                    paid strictly based on their physical
                                                                                                            Control Number llRoom C4–26–05,                       geographic location concerning the
                                                    DEPARTMENT OF HEALTH AND                                                                                      wage index (Metropolitan Statistical
                                                    HUMAN SERVICES                                          7500 Security Boulevard, Baltimore,
                                                                                                            Maryland 21244–1850.                                  Areas (MSAs)) and the standardized
                                                                                                              To obtain copies of a supporting                    amount (rural, other urban, or large
                                                    Centers for Medicare & Medicaid
                                                                                                            statement and any related forms for the               urban). However, a growing number of
                                                    Services
                                                                                                            proposed collection(s) summarized in                  hospitals became concerned that their
                                                    [Document Identifier: CMS–R–138 and                     this notice, you may make your request                payment rates were not providing
                                                    10088]                                                                                                        accurate compensation. The hospitals
                                                                                                            using one of following:
                                                                                                              1. Access CMS’ Web site address at                  argued that they were not competing
                                                    Agency Information Collection                                                                                 with the hospitals in their own
                                                    Activities: Proposed Collection;                        http://www.cms.hhs.gov/
                                                                                                            PaperworkReductionActof1995.                          geographic area, but instead that they
                                                    Comment Request                                                                                               were competing with hospitals in
                                                                                                              2. Email your request, including your
                                                    AGENCY: Centers for Medicare &                          address, phone number, OMB number,                    neighboring geographic areas. At that
                                                    Medicaid Services, Department of                        and CMS document identifier, to                       point, Congress enacted Section
                                                    Health and Human Services.                              Paperwork@cms.hhs.gov.                                1886(d)(10) of the Act which enabled
                                                    ACTION: Notice.                                           3. Call the Reports Clearance Office at             hospitals to apply to be considered part
                                                                                                            (410) 786–1326.                                       of neighboring geographic areas for
                                                    SUMMARY:   The Centers for Medicare &                                                                         payment purposes based on certain
                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                    Medicaid Services (CMS) is announcing                                                                         criteria. The application and decision
                                                                                                            Reports Clearance Office at (410) 786–
                                                    an opportunity for the public to                                                                              process is administered by the MGCRB
                                                                                                            1326.
                                                    comment on CMS’ intention to collect                                                                          which is not a part of CMS so that CMS
                                                    information from the public. Under the                  SUPPLEMENTARY INFORMATION:                            could not be accused of any untoward
                                                    Paperwork Reduction Act of 1995 (the                    Contents                                              action. However, CMS needs to remain
                                                    PRA), federal agencies are required to                                                                        apprised of any potential payment
                                                    publish notice in the Federal Register                    This notice sets out a summary of the               changes. Hospitals are required to
                                                    concerning each proposed collection of                  use and burden associated with the                    provide CMS with copy of any
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    information (including each proposed                    following information collections. More               applications that they made to the
                                                    extension or reinstatement of an existing               detailed information can be found in                  MGCRB. CMS also developed the
                                                    collection of information) and to allow                 each collection’s supporting statement                guidelines for the MGCRB that were the
                                                    60 days for public comment on the                       and associated materials (see                         interim final issue of the Federal
                                                    proposed action. Interested persons are                 ADDRESSES).                                           Register, and must ensure that the
                                                    invited to send comments regarding our                  CMS–R–138 Medicare Geographic                         MGCRB properly applied the
                                                    burden estimates or any other aspect of                   Classification Review Board                         guidelines. This check and balance
                                                    this collection of information, including                 Procedures and Criteria                             process also contributes to limiting the


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Document Created: 2018-02-13 16:34:02
Document Modified: 2018-02-13 16:34:02
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 (CMP).
DatesEffective 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.
ContactLindsey Murtagh, Center for Consumer Information and Insurance Oversight, Centers for Medicare & Medicaid Services, Phone: (301) 492-4106, E-Mail: [email protected]
FR Citation81 FR 70116 

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