83 FR 47620 - Privacy Act of 1974; Matching Program
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services Federal Register Volume 83, Issue 183 (September 20, 2018)
Centers for Medicare & Medicaid Services
Federal Register Volume 83, Issue 183 (September 20, 2018)
| Page Range | 47620-47622 | |
| FR Document | 2018-20510 |
[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)] [Notices] [Pages 47620-47622] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20510] ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services Privacy Act of 1974; Matching Program AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS). [[Page 47621]] ACTION: Notice of New Matching Program. ----------------------------------------------------------------------- SUMMARY: In accordance with subsection (e)(12) of 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 new computer matching program between CMS and the Department of Homeland Security (DHS)/United States Citizenship and Immigration Services (USCIS), ``Verification of United States Citizenship and Immigration Status Data for Eligibility Determinations.'' In this matching program, DHS/USCIS provides CMS with immigrant, nonimmigrant, and naturalized or derived citizenship status information needed to make enrollment and exemption eligibility determinations as required by the Patient Protection and Affordable Care Act (ACA). DATES: The deadline for comments on this notice is October 22, 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 October 2018 to April 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 comments on the new matching program to the CMS Privacy Officer by mail at: 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, or walter.stone@cms.hhs.gov. Comments received will be available for review without redaction unless otherwise advised by the commenter at this location, by appointment, during regular business hours, Monday through Friday from 9:00 a.m. to 3:00 p.m. 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, by email at Jack.Lavelle1@cms.hhs.gov, 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 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. Barbara Demopulos, CMS Privacy Advisor, Division of Security, Privacy Policy and Governance, Information Security and Privacy Group, Office of Information Technology, Centers for Medicare & Medicaid Services. PARTICIPATING AGENCIES: The Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS) is the recipient agency, and the Department of Homeland Security (DHS), United States Citizenship and Immigration Services (USCIS) is the source agency. AUTHORITY FOR CONDUCTING THE MATCHING PROGRAM: The statutory authority for the matching program is 42 U.S.C. 18001. PURPOSE(S): The matching program will provide CMS with USCIS data, including immigrant, nonimmigrant, and naturalized or derived citizenship status information from USCIS's SAVE program and VIS system. This data will indicate whether an applicant or enrollee is lawfully present, a qualified non-citizen, a naturalized or derived citizen, and whether the five-year waiting period for many non-citizens applies and has been met. CMS and state administering entities will use the data to determine the individual's eligibility for enrollment in a qualified health plan through a federally-facilitated exchange (FFE) and for insurance affordability programs and certificates of exemption, and to make eligibility redetermination and renewal decisions, including appeal determinations. USCIS will provide the data from USCIS's SAVE program and VIS system about individuals whose identifying information matches identifying information that CMS submits to USCIS. CMS will make the USCIS data available to requesting state administering entities through a data services hub (Hub). CATEGORIES OF INDIVIDUALS: The individuals whose information will be used in the matching program are consumers who apply for any of the following eligibility determinations: 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 and citizenship status records. The data elements are described below.From the CMS to USCIS. CMS will submit data elements pertaining to applicants and enrollees through SAVE to the USCIS VIS. These data elements may include the following: identification number (e.g., foreign passport number, I-94 number, alien registration number/ USCIS number); immigration document type; last name; middle initial; first name; date of birth; document expiration date (if applicable); and information contained in the comment field, such as USCIS benefit application receipt numbers, maiden names, nicknames, and additional immigration document numbers. From USCIS to CMS. USCIS through SAVE will send the Hub responses that contain data from records provided to VIS and databases VIS accesses. These responses may include [[Page 47622]] the following data elements: alien registration number/USCIS number; I- 94 number; last name; first name; date of birth; date of entry; status grant date, if available; and immigration status data. SYSTEM 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: A. CMS System of Records: CMS Health Insurance Exchanges System (HIX), CMS System No. 09-70-0560, last published in full at 78 FR 63211 (Oct. 23, 2013), as amended at 83 FR 6591 (Feb. 14, 2018). Routine use 3 supports CMS's disclosures to USCIS. B. USCIS System of Records: DHS/USCIS-004 Systematic Alien Verification for Entitlements Program, 81 FR 78619 (Nov. 8, 2016). Routine use H permits USCIS' disclosures to CMS. [FR Doc. 2018-20510 Filed 9-19-18; 8:45 am] BILLING CODE 4120-03-P
![47620 Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Notices
Secretary) to publish changes to the AIC accordance with 42 CFR 417.600(b). The II. Provisions of the Notice—Annual
threshold amounts in the Federal Medicare Part C appeals rules also apply AIC Adjustments
Register (§ 405.1006(b)(2)). In order to to health care prepayment plan appeals
be entitled to a hearing before an ALJ, in accordance with 42 CFR 417.840. A. AIC Adjustment Formula and AIC
a party to a proceeding must meet the Adjustments
AIC requirements at § 405.1006(b). D. Medicare Part D (Prescription Drug
Plan) Appeals As previously noted, section 940 of
Similarly, a party must meet the AIC
the MMA requires that the AIC
requirements at § 405.1006(c) at the time The annually adjusted AIC threshold threshold amounts be adjusted
judicial review is requested for the court amounts for ALJ hearings and judicial
to have jurisdiction over the appeal annually, beginning in January 2005, by
review that apply to Medicare Parts A, the percentage increase in the medical
(§ 405.1136(a)). B, and C appeals also apply to Medicare care component of the CPI for all urban
B. Medicare Part C/MA Appeals Part D appeals. Section 101 of the MMA consumers (U.S. city average) from July
added section 1860D–4(h)(1) of the Act 2003 to July of the year preceding the
Section 940(b)(2) of the MMA applies
regarding Part D appeals. This statutory
the AIC adjustment requirement to year involved and rounded to the
provision requires a prescription drug
Medicare Part C appeals by amending nearest multiple of $10.
section 1852(g)(5) of the Act. The plan sponsor to meet the requirements
implementing regulations for Medicare set forth in sections 1852(g)(4) and (g)(5) B. Calendar Year 2019
Part C appeals are found at 42 CFR 422, of the Act, in a similar manner as MA
organizations. As noted previously, the The AIC threshold amount for ALJ
subpart M. Specifically, §§ 422.600 and hearings will remain at $160 and the
422.612 discuss the AIC threshold annually adjusted AIC threshold
requirement was added to section AIC threshold amount for judicial
amounts for ALJ hearings and judicial
1852(g)(5) of the Act by section review will rise to $1,630 for CY 2019.
review. Section 422.600 grants any party
to the reconsideration (except the MA 940(b)(2)(A) of the MMA. The These amounts are based on the 63.035
organization) who is dissatisfied with implementing regulations for Medicare percent increase in the medical care
the reconsideration determination a Part D appeals can be found at 42 CFR component of the CPI, which was at
right to an ALJ hearing as long as the 423, subparts M and U. The regulations 297.600 in July 2003 and rose to 485.193
amount remaining in controversy after at § 423.562(c) prescribe that, unless the in July 2018. The AIC threshold amount
reconsideration meets the threshold Part D appeals rules provide otherwise, for ALJ hearings changes to $163.04
requirement established annually by the the Part C appeals rules (including the based on the 63.035 percent increase
Secretary. Section 422.612 states, in annually adjusted AIC threshold over the initial threshold amount of
part, that any party, including the MA amount) apply to Part D appeals to the $100 established in 2003. In accordance
organization, may request judicial extent they are appropriate. More with section 1869(b)(1)(E)(iii) of the Act,
review if the AIC meets the threshold specifically, §§ 423.1970 and 423.1976 the adjusted threshold amounts are
requirement established annually by the of the Part D appeals rules discuss the rounded to the nearest multiple of $10.
Secretary. AIC threshold amounts for ALJ hearings Therefore, the CY 2019 AIC threshold
and judicial review. Section 423.1970(a) amount for ALJ hearings is $160.00. The
C. Health Maintenance Organizations, grants a Part D enrollee, who is
Competitive Medical Plans, and Health AIC threshold amount for judicial
dissatisfied with the independent
Care Prepayment Plans review changes to $1,630.35 based on
review entity (IRE) reconsideration
the 63.035 percent increase over the
Section 1876(c)(5)(B) of the Act states determination, a right to an ALJ hearing
initial threshold amount of $1,000. This
that the annual adjustment to the AIC if the amount remaining in controversy
after the IRE reconsideration meets the amount was rounded to the nearest
dollar amounts set forth in section
1869(b)(1)(E)(iii) of the Act applies to threshold amount established annually multiple of $10, resulting in the CY
certain beneficiary appeals within the by the Secretary. Sections 423.1976(a) 2019 AIC threshold amount of $1,630.00
context of health maintenance and (b) allow a Part D enrollee to for judicial review.
organizations and competitive medical request judicial review of an ALJ or C. Summary Table of Adjustments in
plans. The applicable implementing Medicare Appeals Council decision if, the AIC Threshold Amounts
regulations for Medicare Part C appeals in part, the AIC meets the threshold
are set forth in 42 CFR 422, subpart M amount established annually by the In the following table we list the CYs
and apply to these appeals in Secretary. 2015 through 2019 threshold amounts.
CY 2015 CY 2016 CY 2017 CY 2018 CY 2019
ALJ Hearing ......................................................................... $150 $150 $160 $160 $160
Judicial Review .................................................................... 1,460 1,500 1,560 1,600 1,630
III. Collection of Information Paperwork Reduction Act of 1995 (44 DEPARTMENT OF HEALTH AND
Requirements U.S.C. 3501 et seq.). HUMAN SERVICES
This document does not impose Dated: August 31, 2018.
Centers for Medicare & Medicaid
amozie on DSK3GDR082PROD with NOTICES1
information collection requirements, Seema Verma,
Services
that is, reporting, recordkeeping or Administrator, Centers for Medicare &
third-party disclosure requirements. Medicaid Services. Privacy Act of 1974; Matching Program
Consequently, there is no need for [FR Doc. 2018–20506 Filed 9–19–18; 8:45 am]
review by the Office of Management and BILLING CODE 4120–01–P AGENCY: Centers for Medicare &
Budget under the authority of the Medicaid Services (CMS), Department
of Health and Human Services (HHS).
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![47622 Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Notices
the following data elements: alien Electronic Submissions with a heading or cover note that states
registration number/USCIS number; I– Submit electronic comments in the ‘‘THIS DOCUMENT CONTAINS
94 number; last name; first name; date following way: CONFIDENTIAL INFORMATION.’’ The
of birth; date of entry; status grant date, • Federal eRulemaking Portal: Agency will review this copy, including
if available; and immigration status https://www.regulations.gov. Follow the the claimed confidential information, in
data. instructions for submitting comments. its consideration of comments. The
Comments submitted electronically, second copy, which will have the
SYSTEM OF RECORDS:
including attachments, to https:// claimed confidential information
The records used in this matching redacted/blacked out, will be available
program are disclosed from the www.regulations.gov will be posted to
the docket unchanged. Because your for public viewing and posted on
following systems of records, as https://www.regulations.gov. Submit
authorized by routine uses published in comment will be made public, you are
solely responsible for ensuring that your both copies to the Dockets Management
the System of Records Notices (SORNs) Staff. If you do not wish your name and
cited below: comment does not include any
confidential information that you or a contact information to be made publicly
A. CMS System of Records: available, you can provide this
• CMS Health Insurance Exchanges third party may not wish to be posted,
such as medical information, your or information on the cover sheet and not
System (HIX), CMS System No. 09–70– in the body of your comments and you
0560, last published in full at 78 FR anyone else’s Social Security number, or
confidential business information, such must identify this information as
63211 (Oct. 23, 2013), as amended at 83 ‘‘confidential.’’ Any information marked
FR 6591 (Feb. 14, 2018). Routine use 3 as a manufacturing process. Please note
that if you include your name, contact as ‘‘confidential’’ will not be disclosed
supports CMS’s disclosures to USCIS. except in accordance with 21 CFR 10.20
B. USCIS System of Records: information, or other information that
identifies you in the body of your and other applicable disclosure law. For
• DHS/USCIS–004 Systematic Alien more information about FDA’s posting
Verification for Entitlements Program, comments, that information will be
posted on https://www.regulations.gov. of comments to public dockets, see 80
81 FR 78619 (Nov. 8, 2016). Routine use FR 56469, September 18, 2015, or access
• If you want to submit a comment
H permits USCIS’ disclosures to CMS. the information at: https://www.gpo.gov/
with confidential information that you
[FR Doc. 2018–20510 Filed 9–19–18; 8:45 am] do not wish to be made available to the fdsys/pkg/FR-2015-09-18/pdf/2015-
BILLING CODE 4120–03–P public, submit the comment as a 23389.pdf.
written/paper submission and in the Docket: For access to the docket to
manner detailed (see ‘‘Written/Paper read background documents or the
DEPARTMENT OF HEALTH AND Submissions’’ and ‘‘Instructions’’). electronic and written/paper comments
HUMAN SERVICES received, go to https://
Written/Paper Submissions www.regulations.gov and insert the
Food and Drug Administration docket number, found in brackets in the
Submit written/paper submissions as
follows: heading of this document, into the
[Docket No. FDA–2017–D–6526]
• Mail/Hand delivery/Courier (for ‘‘Search’’ box and follow the prompts
Grandfathering Policy for Packages written/paper submissions): Dockets and/or go to the Dockets Management
and Homogenous Cases of Product Management Staff (HFA–305), Food and Staff, 5630 Fishers Lane, Rm. 1061,
Without a Product Identifier; Guidance Drug Administration, 5630 Fishers Rockville, MD 20852.
for Industry; Availability Lane, Rm. 1061, Rockville, MD 20852. You may submit comments on any
• For written/paper comments guidance at any time (see 21 CFR
AGENCY: Food and Drug Administration, submitted to the Dockets Management 10.115(g)(5)).
HHS. Staff, FDA will post your comment, as Submit written requests for single
ACTION: Notice of availability. well as any attachments, except for copies of this guidance to the Division
information submitted, marked and of Drug Information, Center for Drug
SUMMARY: The Food and Drug identified, as confidential, if submitted Evaluation and Research, Food and
Administration (FDA or Agency) is as detailed in ‘‘Instructions.’’ Drug Administration, 10001 New
announcing the availability of a final Instructions: All submissions received Hampshire Ave., Hillandale Building,
guidance for industry entitled must include the Docket No. FDA– 4th Floor, Silver Spring, MD 20993–
‘‘Grandfathering Policy for Packages and 2017–D–6526 for ‘‘Grandfathering 0002, or the Office of Communication,
Homogenous Cases of Product Without Policy for Packages and Homogenous Outreach, and Development, Center for
a Product Identifier.’’ This guidance Cases of Product Without a Product Biologics Evaluation and Research,
specifies whether and under what Identifier.’’ Received comments will be Food and Drug Administration, 10903
circumstances packages and placed in the docket and, except for New Hampshire Ave., Bldg. 71, Rm.
homogenous cases of product not those submitted as ‘‘Confidential 3128, Silver Spring, MD 20993–0002.
labeled with a product identifier shall Submissions,’’ publicly viewable at Send one self-addressed adhesive label
be grandfathered from certain https://www.regulations.gov or at the to assist that office in processing your
requirements of the Federal Food, Drug, Dockets Management Staff between 9 requests. See the SUPPLEMENTARY
and Cosmetic Act (FD&C Act). This a.m. and 4 p.m., Monday through INFORMATION section for electronic
guidance finalizes the draft guidance Friday. access to the guidance document.
issued on November 27, 2017. • Confidential Submissions—To FOR FURTHER INFORMATION CONTACT:
amozie on DSK3GDR082PROD with NOTICES1
DATES: The announcement of the submit a comment with confidential Abha Kundi, Office of Compliance,
guidance is published in the Federal information that you do not wish to be Center for Drug Evaluation and
Register on September 20, 2018. made publicly available, submit your Research, Food and Drug
ADDRESSES: You may submit either comments only as a written/paper Administration, 10903 New Hampshire
electronic or written comments on submission. You should submit two Ave., Silver Spring, MD 20993–0002,
Agency guidances at any time as copies total. One copy will include the 301–796–3130, drugtrackandtrace@
follows: information you claim to be confidential fda.hhs.gov.
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Document Created: 2018-09-20 02:08:15
Document Modified: 2018-09-20 02:08:15
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of New Matching Program. | |
| Dates | The deadline for comments on this notice is October 22, 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 October 2018 to April 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. | |
| 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, by email at [email protected], or by mail at 7501 Wisconsin Ave., Bethesda, MD 20814. | |
| FR Citation | 83 FR 47620 |
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