81 FR 8074 - Privacy Act of 1974; CMS Computer Match No. 2016-10; HHS Computer Match No. 1607; Effective Date-April 2, 2016; Expiration Date-October 2, 2016

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

Federal Register Volume 81, Issue 31 (February 17, 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 Department of Homeland Security (DHS), United States Citizenship and Immigration Services (USCIS).

[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Notices]
[Pages 8074-8075]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03203]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers For Medicare & Medicaid Services


Privacy Act of 1974; CMS Computer Match No. 2016-10; HHS Computer 
Match No. 1607; Effective Date--April 2, 2016; Expiration Date--October 
2, 2016

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 re-establishment of a CMP 
that CMS plans to conduct with the Department of Homeland Security 
(DHS), United States Citizenship and Immigration Services (USCIS).

Effective Dates

    Comments are invited on all portions of this notice. The effective 
date of the Computer Matching Agreement (CMA) is April 2, 2016, 
provided that the following review periods have lapsed: thirty (30) 
days from the date CMS publishes a Notice of Computer Matching in the 
Federal Register; thirty (30) days from the date the matching program 
report is transmitted to the Congressional committees of jurisdiction 
consistent with the provisions of 5 U.S.C. 552a (r), (o)(2)(A), and 
(o)(2)(B); and forty (40) days from the date the matching program 
report is sent to OMB, consistent with the provisions of 5 U.S.C. 552a 
(r) and OMB Circular A-130, Revised (Transmittal Memorandum No. 4), 
November 28, 2000, Appendix I, entitled ``Federal Agency 
Responsibilities for Maintaining Records about Individuals'' (A-130 
Appendix I).

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

[[Page 8075]]

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 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. 2016-10
HHS Computer Match No. 1607

NAME:
    ``Computer Matching Agreement between the Centers for Medicare & 
Medicaid Services and the Department of Homeland Security, United 
States Citizenship and Immigration Services, for the Verification of 
United States Citizenship and Immigration Status Data for Eligibility 
Determinations''

SECURITY CLASSIFICATION:
    Unclassified

PARTICIPATING AGENCIES:
    Department of Health and Human Services (HHS), Centers for Medicare 
& Medicaid Services (CMS), and Department of Homeland Security (DHS), 
United States Citizenship and Immigration Services (USCIS)

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 is to re-establish 
the terms, conditions, safeguards, and procedures under which USCIS 
will provide records, information, or data to CMS under the ACA. CMS 
will access USCIS data needed to make eligibility determinations in its 
capacity as a Federally-facilitated Exchange, and state agencies that 
administer Medicaid, a Basic Health Program, or the Children's Health 
Insurance Program, and State-based Exchanges will receive the results 
of verifications using USCIS data accessed through CMS Data Services 
Hub to make eligibility determinations.
    Data will be matched by CMS for the purpose for determining 
eligibility for enrollment in state health subsidy programs and 
eligibility determinations for exemptions. Specifically, USCIS will 
provide CMS with electronic access to immigrant, nonimmigrant, and 
naturalized or derived citizen status information contained within or 
accessed by the USCIS Verification Information System. Access to this 
information will assist CMS in determining whether an applicant is 
lawfully present, a qualified non-citizen, a naturalized or derived 
citizen, and whether the 5 year bar applies and has been met in order 
to determine eligibility for the previously mentioned programs.

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 
DHS in the Systematic Alien Verification for Entitlements (SAVE) System 
of Records Notice (SAVE SORN): DHS/USCIS-004 Systematic Alien 
Verification for Entitlements Program System of Records Notice, 77 FR 
47415 (August 8, 2012).

INCLUSIVE DATES OF THE MATCH:
    The effective date of the CMA is April 2, 2016, provided that the 
following review periods have lapsed: thirty (30) days from the date 
CMS publishes a Notice of Computer Matching in the Federal Register; 
thirty (30) days from the date the matching program report is 
transmitted to the Congressional committees of jurisdiction consistent 
with the provisions of 5 U.S.C. 552a (r), (o)(2)(A), and (o)(2)(B); and 
forty (40) days from the date the matching program report is sent to 
OMB, consistent with the provisions of 5 U.S.C. 552a (r) and OMB 
Circular A-130, Revised (Transmittal Memorandum No. 4), November 28, 
2000, Appendix I, entitled ``Federal Agency Responsibilities for 
Maintaining Records about Individuals'' (A-130 Appendix I). 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. 2016-03203 Filed 2-16-16; 8:45 am]
 BILLING CODE 4120-03-P