83_FR_38848 83 FR 38696 - Privacy Act of 1974; Matching Program

83 FR 38696 - Privacy Act of 1974; Matching Program

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

Federal Register Volume 83, Issue 152 (August 7, 2018)

Page Range38696-38697
FR Document2018-16821

In accordance with the Privacy Act of 1974, as amended, the Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS) is providing notice of a re-established matching program between CMS and the Social Security Administration (SSA), ``Determining Enrollment or Eligibility for Insurance Affordability Programs Under the Patient Protection and Affordable Care Act (ACA).'' The matching program provides CMS with SSA data to use in determining individuals' eligibility to enroll in a qualified health plan through an exchange established under the ACA and for insurance affordability programs and certificates of exemption, and to make eligibility redeterminations and renewals, including appeal determinations.

Federal Register, Volume 83 Issue 152 (Tuesday, August 7, 2018) 
[Federal Register Volume 83, Number 152 (Tuesday, August 7, 2018)]
[Notices]
[Pages 38696-38697]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16821]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services


Privacy Act of 1974; Matching Program

AGENCY: Centers for Medicare & Medicaid Services, Department of Health 
and Human Services.

ACTION: Notice of a new matching program.

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

SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Department of Health and Human Services (HHS), Centers for Medicare & 
Medicaid Services (CMS) is providing notice of a re-established 
matching program between CMS and the Social Security Administration 
(SSA), ``Determining Enrollment or Eligibility for Insurance 
Affordability Programs Under the Patient Protection and Affordable Care 
Act (ACA).'' The matching program provides CMS with SSA data to use in 
determining individuals' eligibility to enroll in a qualified health 
plan through an exchange established under the ACA and for insurance 
affordability programs and certificates of exemption, and to make 
eligibility redeterminations and renewals, including appeal 
determinations.

DATES: The deadline for comments on this notice is September 6, 2018. 
The re-established matching program will commence not sooner than 30 
days after publication of this notice, provided no comments are 
received that warrant a change to this notice. The matching program 
will be conducted for an initial term of 18 months (from approximately 
September 2018 to March 2020) and within 3 months of expiration may be 
renewed for one additional year if the parties make no change to the 
matching program and certify that the program has been conducted in 
compliance with the matching agreement.

ADDRESSES: Interested parties may submit written comments on this 
notice, by mail or email, to the CMS Privacy Officer, Division of 
Security, Privacy Policy & Governance, Information Security & Privacy 
Group, Office of Information Technology, Centers for Medicare & 
Medicaid Services, Location: N1-14-56, 7500 Security Blvd., Baltimore, 
MD 21244-1850, [email protected].

FOR FURTHER INFORMATION CONTACT: If you have questions about the 
matching program, you may contact Jack Lavelle, Senior Advisor, 
Marketplace Eligibility and Enrollment Group, Centers for Consumer 
Information and Insurance Oversight, CMS, at (410) 786-0639, or by 
email at [email protected], or by mail at 7501 Wisconsin Ave., 
Bethesda, MD 20814.

SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, as amended (5 
U.S.C. 552a) provides certain protections for individuals applying for 
and receiving Federal benefits. The law governs the use of computer 
matching by Federal agencies when records in a system of records 
(meaning, federal agency records about individuals retrieved by name or 
other personal identifier) are matched with records of other federal or 
non-federal agencies. The Privacy Act requires agencies involved in a 
matching program to:
    1. Enter into a written agreement, which must be prepared in 
accordance with the Privacy Act, approved by the Data Integrity Board 
of each source and recipient Federal agency, provided to Congress and 
the Office of Management and Budget (OMB), and made available to the 
public, as required by 5 United States Code (U.S.C.) 552a(o), 
(u)(3)(A), and (u)(4).
    2. Notify the individuals whose information will be used in the 
matching program that the information they provide is subject to 
verification through matching, as required by 5 U.S.C. 552a(o)(1)(D).
    3. Verify match findings before suspending, terminating, reducing, 
or making a final denial of an individual's benefits or payments or 
taking other adverse action against the individual, as required by 5 
U.S.C. 552a(p).
    4. Report the matching program to Congress and the OMB, in advance 
and annually, as required by 5 U.S.C. 552a(o)(2)(A)(i), (r), and 
(u)(3)(D).
    5. Publish advance notice of the matching program in the Federal 
Register as required by 5 U.S.C. 552a(e)(12).
    This matching program meets these requirements.

    Dated: August 1, 2018.
Walter Stone,
CMS Privacy Act Officer, Division of Security Privacy Policy and 
Governance, Information Security and Privacy Group, Office of 
Information Technology, Centers for Medicare & Medicaid Services.
PARTICIPATING AGENCIES
    Department of Health and Human Services (HHS), Centers for Medicare 
& Medicaid Services (CMS) is the recipient agency, and the Social 
Security Administration (SSA) is the source agency.

AUTHORITY FOR CONDUCTING THE MATCHING PROGRAM:
    The matching program is authorized under 42 U.S.C. 18001.

PURPOSE(S):
    The purpose of the matching program is to provide CMS with SSA data 
that CMS needs to determine individuals' eligibility to enroll in a 
qualified health plan through an exchange established under the ACA and 
for insurance affordability programs and certificates of exemption, and 
to make eligibility redetermination and renewal decisions, including 
appeal determinations. The

[[Page 38697]]

program enables CMS to compare its data to SSA data to confirm an 
applicant's or other relevant individual's identity, citizenship, 
status as deceased or imprisoned, and Title II disability benefit 
quarters of coverage (QC) and monthly and annual income. The data is 
used by CMS to authenticate identity, determine eligibility, and 
determine the amount of an advance payment of the premium tax credit 
(APTC) or cost sharing reduction (CSR).

CATEGORIES OF INDIVIDUALS:
    The categories of individuals whose information is involved in the 
matching program are consumers who apply for any of the following 
eligibility determinations, and other relevant individuals (e.g., an 
applicant's household members) who have eligibility to enroll in a 
qualified health plan through an exchange established under the ACA, 
eligibility for insurance affordability programs and certificates of 
exemption, and subsequent eligibility redeterminations and renewals, 
including appeal determinations.

CATEGORIES OF RECORDS:
    The categories of records used in the matching program are 
identity, citizenship, birth, death, disability coverage and income, 
and imprisonment status records. The data elements are as follows:
    1. For each applicant and for relevant individuals, CMS will submit 
a request file to SSA that contains the following mandatory specified 
data elements in a fixed record format: Last name, first name, date of 
birth, social security number (SSN), and citizenship indicator.
    2. For each applicant, SSA will provide CMS with a response file in 
a fixed record format. Depending on CMS' request, SSA's response may 
include the following data elements: Last name, first name, date of 
birth, death indicator, disability indicator, prisoner information, 
Title II (annual and monthly) income information, and confirmation of 
attestations of citizenship status and SSN. SSA may also provide QC 
data when CMS requests it.
    3. For relevant individuals, CMS will request a limited amount of 
SSA information. Based on CMS' request, SSA will verify a relevant 
individual's SSN with a death indicator and may provide a relevant 
individual's QC data or Title II (annual and monthly) income 
information. CMS will not request citizenship or immigration status 
data for a relevant individual.
    4. For renewals and redeterminations, CMS will request and SSA will 
verify SSN with a death indicator, disclose Title II income 
information, and provide the disability indicator.
    5. For self-reported redeterminations, CMS will provide SSA with 
the following: Updated or new information reported by the enrollee or 
enrolled individual, last name, first name, date of birth, and SSN. 
Depending on CMS' request, SSA's response will include each of the 
following data elements that are relevant and responsive to CMS' 
request: Last name, first name, date of birth, death indicator, 
disability indicator, prisoner information, Title II (annual and 
monthly) income information, and confirmation of new attestations of 
citizenship status, verification of SSN, and QC data.
    6. For individuals seeking an exemption, CMS will provide last 
name, first name, date of birth, citizenship indicator, and SSN to SSA. 
SSA will provide CMS with a response including: Last name, first name, 
date of birth, confirmation of attestations of citizenship status, 
verification of SSN, death indicator, disability indicator, prisoner 
information, and Title II (annual and monthly) income information.

SYSTEM(S) OF RECORDS:
    The records used in this matching program are disclosed from the 
following systems of records, as authorized by routine uses published 
in the System of Records Notices (SORNs) cited below:
    CMS System of Records:
    [ballot] The CMS SOR that supports this matching program is the 
``CMS Health Insurance Exchanges System (HIX)'', CMS System No. 09-70-
0560, last published in full at 78 FR 63211 (October 23, 2013), as 
amended at 83 FR 6591 (February 14, 2018).
    SSA Systems of Records:
    [ballot] Master Files of SSN Holders and SSN Applications, 60-0058, 
75 FR 82121 (Dec. 29, 2010), as amended at 78 FR 40542 (July 5, 2013), 
and 79 FR 8780 (Feb. 13, 2014);
    [ballot] Prisoner Update Processing System (PUPS), 60-0269, 64 FR 
11076 (Mar. 8, 1999), as amended at 72 FR 69723 (Dec. 10, 2007) and 78 
FR 40542 (July 5, 2013);
    [ballot] Master Beneficiary Record, 60-0090, 71 FR 1826 (Jan. 1, 
2006), as amended at 72 FR 69723 (Dec. 10, 2007) and 78 FR 40542 (July 
5, 2013); and
    [ballot] Earnings Recording and Self-Employment Income System, 60-
0059, 71 FR 1819 (Jan. 11, 2006), as amended at 78 FR 40542 (July 5, 
2013).

[FR Doc. 2018-16821 Filed 8-6-18; 8:45 am]
BILLING CODE 4120-03-P

38696 Federal Register / Vol. 83, No. 152 / Tuesday, August 7, 2018 / Notices ESTIMATED ANNUALIZED BURDEN HOURS Average Number of Number of burden per Type of respondents Form name responses per respondents response respondent (in hours) Local SURRG data manager .......................... Facility, Laboratory and field Elements .......... 9 7 16 Data manager at non-STD clinic health cen- Non-STD clinic Elements ............................... 18 6 3 ters. Public Health Laboratory Microbiologist ......... Laboratory Testing ......................................... 9 700 10/60 Public Health Laboratory Data Manager ........ Laboratory Elements ...................................... 9 6 1 Gonorrhea Patients, Social and Sexual Con- Field Investigation Elements .......................... 1,080 1 30/60 tacts. Jeffrey M. Zirger, September 2018 to March 2020) and 2. Notify the individuals whose Acting Chief, Information Collection Review within 3 months of expiration may be information will be used in the Office, Office of Scientific Integrity, Office renewed for one additional year if the matching program that the information of the Associate Director for Science, Office parties make no change to the matching they provide is subject to verification of the Director, Centers for Disease Control program and certify that the program through matching, as required by 5 and Prevention. has been conducted in compliance with U.S.C. 552a(o)(1)(D). [FR Doc. 2018–16797 Filed 8–6–18; 8:45 am] 3. Verify match findings before the matching agreement. BILLING CODE 4163–18–P suspending, terminating, reducing, or ADDRESSES: Interested parties may submit written comments on this notice, making a final denial of an individual’s by mail or email, to the CMS Privacy benefits or payments or taking other DEPARTMENT OF HEALTH AND adverse action against the individual, as HUMAN SERVICES Officer, Division of Security, Privacy Policy & Governance, Information required by 5 U.S.C. 552a(p). Centers for Medicare & Medicaid 4. Report the matching program to Security & Privacy Group, Office of Services Congress and the OMB, in advance and Information Technology, Centers for annually, as required by 5 U.S.C. Medicare & Medicaid Services, Privacy Act of 1974; Matching Program 552a(o)(2)(A)(i), (r), and (u)(3)(D). Location: N1–14–56, 7500 Security 5. Publish advance notice of the AGENCY: Centers for Medicare & Blvd., Baltimore, MD 21244–1850, matching program in the Federal Medicaid Services, Department of Walter.Stone@cms.hhs.gov. Register as required by 5 U.S.C. Health and Human Services. FOR FURTHER INFORMATION CONTACT: If 552a(e)(12). ACTION: Notice of a new matching you have questions about the matching This matching program meets these program. program, you may contact Jack Lavelle, requirements. Senior Advisor, Marketplace Eligibility Dated: August 1, 2018. SUMMARY: In accordance with the and Enrollment Group, Centers for Privacy Act of 1974, as amended, the Walter Stone, Consumer Information and Insurance Department of Health and Human CMS Privacy Act Officer, Division of Security Oversight, CMS, at (410) 786–0639, or Services (HHS), Centers for Medicare & Privacy Policy and Governance, Information by email at Jack.Lavelle1@cms.hhs.gov, Security and Privacy Group, Office of Medicaid Services (CMS) is providing or by mail at 7501 Wisconsin Ave., Information Technology, Centers for Medicare notice of a re-established matching Bethesda, MD 20814. & Medicaid Services. program between CMS and the Social Security Administration (SSA), SUPPLEMENTARY INFORMATION: The PARTICIPATING AGENCIES ‘‘Determining Enrollment or Eligibility Privacy Act of 1974, as amended (5 for Insurance Affordability Programs U.S.C. 552a) provides certain Department of Health and Human Under the Patient Protection and protections for individuals applying for Services (HHS), Centers for Medicare & Affordable Care Act (ACA).’’ The and receiving Federal benefits. The law Medicaid Services (CMS) is the matching program provides CMS with governs the use of computer matching recipient agency, and the Social SSA data to use in determining by Federal agencies when records in a Security Administration (SSA) is the individuals’ eligibility to enroll in a system of records (meaning, federal source agency. qualified health plan through an agency records about individuals AUTHORITY FOR CONDUCTING THE MATCHING exchange established under the ACA retrieved by name or other personal PROGRAM: and for insurance affordability programs identifier) are matched with records of The matching program is authorized and certificates of exemption, and to other federal or non-federal agencies. under 42 U.S.C. 18001. make eligibility redeterminations and The Privacy Act requires agencies renewals, including appeal involved in a matching program to: PURPOSE(S): determinations. 1. Enter into a written agreement, The purpose of the matching program DATES: The deadline for comments on which must be prepared in accordance is to provide CMS with SSA data that this notice is September 6, 2018. The re- with the Privacy Act, approved by the CMS needs to determine individuals’ daltland on DSKBBV9HB2PROD with NOTICES established matching program will Data Integrity Board of each source and eligibility to enroll in a qualified health commence not sooner than 30 days after recipient Federal agency, provided to plan through an exchange established publication of this notice, provided no Congress and the Office of Management under the ACA and for insurance comments are received that warrant a and Budget (OMB), and made available affordability programs and certificates of change to this notice. The matching to the public, as required by 5 United exemption, and to make eligibility program will be conducted for an initial States Code (U.S.C.) 552a(o), (u)(3)(A), redetermination and renewal decisions, term of 18 months (from approximately and (u)(4). including appeal determinations. The VerDate Sep<11>2014 16:54 Aug 06, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\07AUN1.SGM 07AUN1

Federal Register / Vol. 83, No. 152 / Tuesday, August 7, 2018 / Notices 38697 program enables CMS to compare its SSN with a death indicator, disclose DEPARTMENT OF HEALTH AND data to SSA data to confirm an Title II income information, and provide HUMAN SERVICES applicant’s or other relevant the disability indicator. individual’s identity, citizenship, status 5. For self-reported redeterminations, Centers for Medicare & Medicaid as deceased or imprisoned, and Title II CMS will provide SSA with the Services disability benefit quarters of coverage following: Updated or new information [CMS–3366–PN] (QC) and monthly and annual income. reported by the enrollee or enrolled The data is used by CMS to authenticate individual, last name, first name, date of Medicare and Medicaid Programs: identity, determine eligibility, and birth, and SSN. Depending on CMS’ National Dialysis Accreditation determine the amount of an advance request, SSA’s response will include Commission (NDAC) for Approval of payment of the premium tax credit each of the following data elements that its End Stage Renal Disease (ESRD) (APTC) or cost sharing reduction (CSR). are relevant and responsive to CMS’ Facility Accreditation Program request: Last name, first name, date of CATEGORIES OF INDIVIDUALS: birth, death indicator, disability AGENCY: Centers for Medicare and The categories of individuals whose indicator, prisoner information, Title II Medicaid Services (CMS), HHS. information is involved in the matching (annual and monthly) income ACTION: Notice with request for program are consumers who apply for information, and confirmation of new comment. any of the following eligibility attestations of citizenship status, determinations, and other relevant SUMMARY: This proposed notice verification of SSN, and QC data. acknowledges the receipt of an individuals (e.g., an applicant’s 6. For individuals seeking an household members) who have application from the National Dialysis exemption, CMS will provide last name, Accreditation Commission (NDAC) for eligibility to enroll in a qualified health first name, date of birth, citizenship plan through an exchange established recognition as a national accrediting indicator, and SSN to SSA. SSA will organization (AO) for End Stage Renal under the ACA, eligibility for insurance provide CMS with a response including: affordability programs and certificates of Disease (ESRD) Facilities that wish to Last name, first name, date of birth, participate in the Medicare or Medicaid exemption, and subsequent eligibility confirmation of attestations of redeterminations and renewals, programs. citizenship status, verification of SSN, DATES: To be assured consideration, including appeal determinations. death indicator, disability indicator, comments must be received at one of CATEGORIES OF RECORDS: prisoner information, and Title II the addresses provided below, no later The categories of records used in the (annual and monthly) income than 5 p.m. on September 6, 2018. matching program are identity, information. ADDRESSES: In commenting, refer to file citizenship, birth, death, disability SYSTEM(S) OF RECORDS: code CMS–3366–PN. Because of staff coverage and income, and The records used in this matching and resource limitations, we cannot imprisonment status records. The data program are disclosed from the accept comments by facsimile (FAX) elements are as follows: following systems of records, as transmission. 1. For each applicant and for relevant Comments, including mass comment authorized by routine uses published in individuals, CMS will submit a request submissions, must be submitted in one the System of Records Notices (SORNs) file to SSA that contains the following of the following three ways (please cited below: mandatory specified data elements in a choose only one of the ways listed): CMS System of Records: fixed record format: Last name, first 1. Electronically. You may submit b The CMS SOR that supports this name, date of birth, social security electronic comments on this regulation matching program is the ‘‘CMS Health number (SSN), and citizenship to http://www.regulations.gov. Follow Insurance Exchanges System (HIX)’’, indicator. the ‘‘Submit a comment’’ instructions. 2. For each applicant, SSA will CMS System No. 09–70–0560, last 2. By regular mail. You may mail provide CMS with a response file in a published in full at 78 FR 63211 written comments to the following fixed record format. Depending on CMS’ (October 23, 2013), as amended at 83 FR address ONLY: Centers for Medicare & request, SSA’s response may include the 6591 (February 14, 2018). Medicaid Services, Department of following data elements: Last name, first SSA Systems of Records: Health and Human Services, Attention: name, date of birth, death indicator, b Master Files of SSN Holders and CMS–3366–PN, P.O. Box 8010, disability indicator, prisoner SSN Applications, 60–0058, 75 FR Baltimore, MD 21244–8010. information, Title II (annual and 82121 (Dec. 29, 2010), as amended at 78 Please allow sufficient time for mailed monthly) income information, and FR 40542 (July 5, 2013), and 79 FR 8780 comments to be received before the confirmation of attestations of (Feb. 13, 2014); close of the comment period. citizenship status and SSN. SSA may b Prisoner Update Processing System 3. By express or overnight mail. You also provide QC data when CMS (PUPS), 60–0269, 64 FR 11076 (Mar. 8, may send written comments to the requests it. 1999), as amended at 72 FR 69723 (Dec. following address ONLY: Centers for 3. For relevant individuals, CMS will 10, 2007) and 78 FR 40542 (July 5, Medicare & Medicaid Services, request a limited amount of SSA 2013); Department of Health and Human information. Based on CMS’ request, b Master Beneficiary Record, 60– Services, Attention: CMS–3366–PN, SSA will verify a relevant individual’s 0090, 71 FR 1826 (Jan. 1, 2006), as Mail Stop C4–26–05, 7500 Security SSN with a death indicator and may amended at 72 FR 69723 (Dec. 10, 2007) Boulevard, Baltimore, MD 21244–1850. daltland on DSKBBV9HB2PROD with NOTICES provide a relevant individual’s QC data and 78 FR 40542 (July 5, 2013); and For information on viewing public or Title II (annual and monthly) income b Earnings Recording and Self- comments, see the beginning of the information. CMS will not request Employment Income System, 60–0059, SUPPLEMENTARY INFORMATION section. citizenship or immigration status data 71 FR 1819 (Jan. 11, 2006), as amended FOR FURTHER INFORMATION CONTACT: Tara for a relevant individual. at 78 FR 40542 (July 5, 2013). Lemons, (410) 786–3030, Monda 4. For renewals and redeterminations, [FR Doc. 2018–16821 Filed 8–6–18; 8:45 am] Shaver, (410) 786–3410, or Marie CMS will request and SSA will verify BILLING CODE 4120–03–P Vasbinder, (410) 786–8665. VerDate Sep<11>2014 16:54 Aug 06, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\07AUN1.SGM 07AUN1


Document Created: 2018-11-06 10:38:51
Document Modified: 2018-11-06 10:38:51
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 a new matching program.
DatesThe deadline for comments on this notice is September 6, 2018. The re-established matching program will commence not sooner than 30 days after publication of this notice, provided no comments are received that warrant a change to this notice. The matching program will be conducted for an initial term of 18 months (from approximately September 2018 to March 2020) and within 3 months of expiration may be renewed for one additional year if the parties make no change to the matching program and certify that the program has been conducted in compliance with the matching agreement.
ContactIf you have questions about the matching program, you may contact Jack Lavelle, Senior Advisor, Marketplace Eligibility and Enrollment Group, Centers for Consumer Information and Insurance Oversight, CMS, at (410) 786-0639, or by email at [email protected], or by mail at 7501 Wisconsin Ave., Bethesda, MD 20814.
FR Citation83 FR 38696 
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR