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)

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).

[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]


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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.

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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 [email protected]. 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 [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 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