83_FR_50122 83 FR 49930 - Privacy Act of 1974; Matching Program

83 FR 49930 - Privacy Act of 1974; Matching Program

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

Federal Register Volume 83, Issue 192 (October 3, 2018)

Page Range49930-49931
FR Document2018-21506

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 matching program between CMS and the Department of Veterans Affairs (VA), Veterans Health Administration (VHA), ``Verification of Eligibility for Minimum Essential Coverage Under the Patient Protection and Affordable Care Act Through a Veterans Health Administration Plan.''

Federal Register, Volume 83 Issue 192 (Wednesday, October 3, 2018)
[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Notices]
[Pages 49930-49931]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21506]


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

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 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 matching program between CMS and the Department of Veterans Affairs 
(VA), Veterans Health Administration (VHA), ``Verification of 
Eligibility for Minimum Essential Coverage Under the Patient Protection 
and Affordable Care Act Through a Veterans Health Administration 
Plan.''

DATES: The deadline for comments on this notice is November 2, 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 written comments to: CMS 
Privacy Act Officer, Division of Security, Privacy Policy & Governance, 
Information Security & Privacy Group, Office of Information Technology, 
CMS, 7500 Security Blvd., Baltimore, MD 21244-1870, Mailstop: N3-15-25, 
or by email to: [email protected]. Comments received will be 
available for review 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, Center for Consumer 
Information and Insurance Oversight, CMS, 7501 Wisconsin Ave., 
Bethesda, MD 20814, (410) 786-0639, or by email at 
[email protected].

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 Veterans Affairs (VA), Veterans Health Administration 
(VHA) 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 purpose of the matching program is to assist CMS in determining 
individuals' eligibility for financial assistance in paying for private 
health

[[Page 49931]]

insurance coverage. In this matching program, VHA provides CMS with 
data when a state administering entity (AE) requests it and VHA is 
authorized to release it, verifying whether an individual who is 
applying for or is enrolled in private health insurance coverage under 
a qualified health plan through a federally-facilitated health 
insurance exchange is eligible for coverage under a VHA health plan. 
CMS makes the data provided by VHA available to the requesting AE 
through a data services hub to use in determining the applicant's or 
enrollee's eligibility for financial assistance (including an advance 
tax credit and cost-sharing reduction, which are types of insurance 
affordability programs) in paying for private health insurance 
coverage. VHA health plans provide minimum essential coverage, and 
eligibility for such plans usually precludes eligibility for financial 
assistance in paying for private coverage. The data provided by VHA 
under this matching program will be used by CMS and AEs to authenticate 
identity, determine eligibility for financial assistance, and determine 
the amount of the financial assistance.

Categories of Individuals

    The categories of individuals whose information is involved in the 
matching program are:
     Veterans whose records at VHA match data provided to VHA 
by CMS (submitted by AEs) about individuals who are applying for or are 
enrolled in private insurance coverage under a qualified health plan 
through a federally-facilitated health insurance exchange.

Categories of Records

    The categories of records used in this matching program are 
identity records and minimum essential coverage period records, 
consisting of the following data elements:
    Data provided by CMS to VHA:

a. First name (required)
b. middle name/initial (if provided by applicant)
c. surname (applicant's last name) (required)
d. date of birth (required)
e. gender (optional)
f. SSN (required)
g. requested qualified health plan (QHP) coverage effective date 
(required)
h. requested QHP coverage end date (required)
i. transaction ID (required)

    Data provided by VHA to CMS:

a. SSN (required)
b. start/end date(s) of enrollment period(s) (when match occurs)
c. a blank date response when a non-match occurs
d. if CMS transmits request and a match is made, but VA's record 
contains a date of death, VA will respond in the same manner as a non-
match response, with a blank date
e. enrollment period(s) is/are defined as the timeframe during which 
the individual was enrolled in a VHA health care program

Systems(s) of Records

    The records used in this matching program will be disclosed from 
the following systems of records, as authorized by routine uses 
published in the system of records notices (SORNs) cited below:

A. System of Records Maintained by CMS

     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 authorizes 
CMS' disclosures to VHA.

B. Systems of Records Maintained by VHA

     147VA10NF1 Enrollment and Eligibility Records--VA, 
published at 81 FR 45597 (July 14, 2016). Routine use 14 authorizes 
VHA's disclosures to CMS.
     54VA10NB3 Veterans and Beneficiaries Purchased Care 
Community Health Care Claims, Correspondence, Eligibility, Inquiry and 
Payment Files--VA, published at 80 FR 11527 (March 3, 2015). Routine 
use 25 authorizes VHA's disclosures to CMS.

[FR Doc. 2018-21506 Filed 10-2-18; 8:45 am]
 BILLING CODE P



                                               49930                      Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Notices

                                               (diphtheria, tetanus, acellular pertussis)              DEPARTMENT OF HEALTH AND                  U.S.C. 552a) provides certain
                                               vaccine information statements.                         HUMAN SERVICES                            protections for individuals applying for
                                                  Changes to the meningococcal ACWY                                                              and receiving federal benefits. The law
                                                                                                       Centers for Medicare & Medicaid           governs the use of computer matching
                                               VIS are minimal. Reference to the
                                                                                                       Services                                  by federal agencies when records in a
                                               MPSV4 vaccine, no longer available in
                                                                                                                                                 system of records (meaning, federal
                                               the United States, is removed. HIV                      Privacy Act of 1974; Matching Program agency records about individuals
                                               infection is added as an indication for
                                                                                                       AGENCY: Centers for Medicare &            retrieved by name or other personal
                                               vaccination, and wording related to                                                               identifier) are matched with records of
                                               meningococcal ACWY vaccination                          Medicaid Services, Department of
                                                                                                       Health and Human Services.                other federal or non-federal agencies.
                                               during pregnancy is updated.                                                                      The Privacy Act requires agencies
                                                                                                       ACTION: Notice of a new matching
                                                  Proposed revisions to the DTaP VIS                   program.                                  involved in a matching program to:
                                               reflect new recommendations of the                                                                   1. Enter into a written agreement,
                                               Advisory Committee on Immunization                      SUMMARY: In accordance with subsection which must be prepared in accordance
                                               Practices (ACIP), including updated                     (e)(12) of the Privacy Act of 1974, as    with the Privacy Act, approved by the
                                               information about contraindications and                 amended, the Department of Health and Data Integrity Board of each source and
                                               precautions. Minor changes are                          Human Services (HHS), Centers for         recipient federal agency, provided to
                                               proposed to simplify and streamline the                 Medicare & Medicaid Services (CMS) is     Congress and the Office of Management
                                               sections about what to do if there is a                 providing notice of a new matching        and Budget (OMB), and made available
                                                                                                       program between CMS and the               to the public, as required by 5 U.S.C.
                                               reaction and finding additional
                                                                                                       Department of Veterans Affairs (VA),      552a(o), (u)(3)(A), and (u)(4).
                                               information about the vaccine and the
                                                                                                       Veterans Health Administration (VHA),        2. Notify the individuals whose
                                               Vaccine Injury Compensation Program.                    ‘‘Verification of Eligibility for Minimum information will be used in the
                                               The most recent previous final version                  Essential Coverage Under the Patient      matching program that the information
                                               of the DTaP VIS was published in 2007;                  Protection and Affordable Care Act        they provide is subject to verification
                                               proposed revisions to this document                     Through a Veterans Health                 through matching, as required by 5
                                               will help to bring it in line with the                  Administration Plan.’’                    U.S.C. 552a(o)(1)(D).
                                               structure and general approach of more                  DATES: The deadline for comments on          3. Verify match findings before
                                               recently-published VISs for other                       this notice is November 2, 2018. The re- suspending, terminating, reducing, or
                                               vaccines.                                               established matching program will         making a final denial of an individual’s
                                                  The vaccine information materials                    commence not sooner than 30 days after benefits or payments or taking other
                                               referenced in this notice are being                     publication of this notice, provided no   adverse action against the individual, as
                                               developed in consultation with the                      comments are received that warrant a      required by 5 U.S.C. 552a(p).
                                               Advisory Commission on Childhood                        change to this notice. The matching          4. Report the matching program to
                                               Vaccines, the Food and Drug                             program will be conducted for an initial Congress and the OMB, in advance and
                                                                                                       term of 18 months (from approximately     annually, as required by 5 U.S.C.
                                               Administration, and parent and health
                                                                                                       October 2018 to April 2020) and within    552a(o) (2)(A)(i), (r), and (u)(3)(D).
                                               care provider groups.                                                                                5. Publish advance notice of the
                                                                                                       3 months of expiration may be renewed
                                                  We invite written comment on the                     for one additional year if the parties    matching program in the Federal
                                               proposed vaccine information materials                  make no change to the matching            Register as required by 5 U.S.C.
                                               entitled ‘‘Meningococcal ACWY                           program and certify that the program      552a(e)(12).
                                               Vaccine: What You Need to Know’’ and                    has been conducted in compliance with        This matching program meets these
                                               ‘‘DTaP (Diphtheria, Tetanus, Pertussis)                 the matching agreement.                   requirements.
                                               Vaccine: What You Need to Know.’’                       ADDRESSES: Interested parties may         Barbara Demopulos,
                                               Copies of the proposed vaccine                          submit written comments to: CMS           CMS Privacy Advisor, Division of Security,
                                               information materials are available at                  Privacy Act Officer, Division of          Privacy Policy and Governance, Information
                                               http://www.regulations.gov (see Docket                  Security, Privacy Policy & Governance,    Security and Privacy Group, Office of
                                               Number CDC–2018–0091). Comments                         Information Security & Privacy Group,     Information Technology, Centers for Medicare
                                               submitted will be considered in                         Office of Information Technology, CMS, & Medicaid Services.
                                               finalizing these materials. When the                    7500 Security Blvd., Baltimore, MD        Participating Agencies
                                               final materials are published in the                    21244–1870, Mailstop: N3–15–25, or by
                                                                                                       email to: walter.stone@cms.hhs.gov.          The Department of Health and Human
                                               Federal Register, the notice will include
                                               an effective date for their mandatory                   Comments received will be available for Services (HHS), Centers for Medicare &
                                               use.                                                    review at this location, by appointment, Medicaid Services (CMS) is the
                                                                                                       during regular business hours, Monday     recipient agency, and the Department of
                                                 Dated: September 27, 2018.                            through Friday from 9:00 a.m. to 3:00     Veterans Affairs (VA), Veterans Health
                                               Sandra Cashman,                                         p.m.                                      Administration (VHA) is the source
                                               Executive Secretary, Centers for Disease                                                          agency.
                                                                                                       FOR FURTHER INFORMATION CONTACT: If
                                               Control and Prevention.                                 you have questions about the matching     Authority for Conducting the Matching
                                               [FR Doc. 2018–21491 Filed 10–2–18; 8:45 am]             program, you may contact Jack Lavelle,    Program
                                               BILLING CODE 4163–18–P                                  Senior Advisor, Marketplace Eligibility      The statutory authority for the
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       and Enrollment Group, Center for          matching program is 42 U.S.C. 18001.
                                                                                                       Consumer Information and Insurance
                                                                                                       Oversight, CMS, 7501 Wisconsin Ave.,      Purpose(s)
                                                                                                       Bethesda, MD 20814, (410) 786–0639, or       The purpose of the matching program
                                                                                                       by email at Jack.Lavelle1@cms.hhs.gov.    is to assist CMS in determining
                                                                                                       SUPPLEMENTARY INFORMATION: The            individuals’ eligibility for financial
                                                                                                       Privacy Act of 1974, as amended (5        assistance in paying for private health


                                          VerDate Sep<11>2014   18:05 Oct 02, 2018   Jkt 247001   PO 00000   Frm 00026   Fmt 4703   Sfmt 4703   E:\FR\FM\03OCN1.SGM   03OCN1


                                                                          Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Notices                                           49931

                                               insurance coverage. In this matching                    c. a blank date response when a non-                  ACTION:Notice of intent to issue an
                                               program, VHA provides CMS with data                        match occurs                                       OPDIV-Initiated Supplement.
                                               when a state administering entity (AE)                  d. if CMS transmits request and a match
                                               requests it and VHA is authorized to                       is made, but VA’s record contains a                SUMMARY:   Administration for Children
                                               release it, verifying whether an                           date of death, VA will respond in the              and Families, Office of Refugee
                                               individual who is applying for or is                       same manner as a non-match                         Resettlement, announces the intent to
                                               enrolled in private health insurance                       response, with a blank date                        issue an OPDIV-Initiated Supplement to
                                               coverage under a qualified health plan                  e. enrollment period(s) is/are defined as             BCFS Health and Human Services, San
                                               through a federally-facilitated health                     the timeframe during which the                     Antonio, TX, in the amount of up to
                                               insurance exchange is eligible for                         individual was enrolled in a VHA                   $6,500,000. ORR has been identifying
                                               coverage under a VHA health plan. CMS                      health care program                                additional capacity to provide shelter
                                               makes the data provided by VHA                                                                                for potential increases in apprehensions
                                                                                                       Systems(s) of Records                                 of Unaccompanied Children at the U.S.
                                               available to the requesting AE through
                                               a data services hub to use in                              The records used in this matching                  Southern Border. Planning for increased
                                               determining the applicant’s or enrollee’s               program will be disclosed from the                    shelter capacity is a prudent step to
                                               eligibility for financial assistance                    following systems of records, as                      ensure that ORR is able to meet its
                                               (including an advance tax credit and                    authorized by routine uses published in               responsibility, by law, to provide shelter
                                               cost-sharing reduction, which are types                 the system of records notices (SORNs)                 for Unaccompanied Alien Children
                                               of insurance affordability programs) in                 cited below:                                          referred to its care by the Department of
                                               paying for private health insurance                                                                           Homeland Security (DHS). To ensure
                                                                                                       A. System of Records Maintained by                    sufficient capacity to provide shelter to
                                               coverage. VHA health plans provide                      CMS
                                               minimum essential coverage, and                                                                               unaccompanied children referred to
                                               eligibility for such plans usually                        • CMS Health Insurance Exchanges                    HHS, BCFS proposed to the
                                               precludes eligibility for financial                     System (HIX), CMS System No. 09–70–                   continuation of services to ORR with
                                               assistance in paying for private                        0560, last published in full at 78 FR                 222 variance licensed beds.
                                               coverage. The data provided by VHA                      63211 (Oct. 23, 2013), as amended at 83               DATES: Supplemental award funds will
                                               under this matching program will be                     FR. 6591 (Feb. 14, 2018). Routine use 3               support activities until January 31,
                                               used by CMS and AEs to authenticate                     authorizes CMS’ disclosures to VHA.                   2019.
                                               identity, determine eligibility for                     B. Systems of Records Maintained by                   FOR FURTHER INFORMATION CONTACT:
                                               financial assistance, and determine the                 VHA                                                   Jallyn Sualog, Deputy Director for
                                               amount of the financial assistance.                                                                           Children’s Programs, Office of Refugee
                                                                                                         • 147VA10NF1 Enrollment and                         Resettlement, 330 C Street SW,
                                               Categories of Individuals                               Eligibility Records—VA, published at 81               Washington, DC 20201. Phone: 202–
                                                 The categories of individuals whose                   FR 45597 (July 14, 2016). Routine use 14              401–4997. Email: DCSProgram@
                                               information is involved in the matching                 authorizes VHA’s disclosures to CMS.                  acf.hhs.gov.
                                               program are:                                              • 54VA10NB3 Veterans and
                                                 • Veterans whose records at VHA                       Beneficiaries Purchased Care                          SUPPLEMENTARY INFORMATION: ORR is
                                               match data provided to VHA by CMS                       Community Health Care Claims,                         continuously monitoring its capacity to
                                               (submitted by AEs) about individuals                    Correspondence, Eligibility, Inquiry and              shelter the unaccompanied children
                                               who are applying for or are enrolled in                 Payment Files—VA, published at 80 FR                  referred to HHS, as well as the
                                               private insurance coverage under a                      11527 (March 3, 2015). Routine use 25                 information received from interagency
                                               qualified health plan through a                         authorizes VHA’s disclosures to CMS.                  partners, to inform any future decisions
                                               federally-facilitated health insurance                                                                        or actions.
                                                                                                       [FR Doc. 2018–21506 Filed 10–2–18; 8:45 am]
                                               exchange.                                                                                                        ORR has specific requirements for the
                                                                                                       BILLING CODE P
                                                                                                                                                             provision of services. Award recipients
                                               Categories of Records                                                                                         must have the infrastructure, licensing,
                                                  The categories of records used in this                                                                     experience, and appropriate level of
                                                                                                       DEPARTMENT OF HEALTH AND
                                               matching program are identity records                                                                         trained staff to meet those requirements.
                                                                                                       HUMAN SERVICES
                                               and minimum essential coverage period                                                                         The continuation of services of the
                                               records, consisting of the following data               Administration for Children and                       existing program and its services
                                               elements:                                               Families                                              through this supplemental award is a
                                                  Data provided by CMS to VHA:                                                                               key strategy for ORR to continue to meet
                                               a. First name (required)                                                                                      its responsibility to provide shelter for
                                                                                                       [CFDA Number: 93.676]
                                               b. middle name/initial (if provided by                                                                        Unaccompanied Children referred to its
                                                  applicant)                                           Announcement of Intent To Issue an                    care by DHS and so that the U.S. Border
                                               c. surname (applicant’s last name)                      OPDIV-Initiated Supplement to BCFS                    Patrol can continue its vital national
                                                  (required)                                           Health and Human Services Under the                   security mission to prevent illegal
                                               d. date of birth (required)                             Standing Funding Opportunity                          migration, trafficking, and protect the
                                               e. gender (optional)                                    Announcement Number HHS–2017–                         borders of the United States. The award
                                               f. SSN (required)                                       ACF–ORR–ZU–1132, Residential                          to BCFS will be made as two OPDIV-
                                               g. requested qualified health plan (QHP)                                                                      initiated supplements.
                                                                                                       (Shelter) Services for Unaccompanied
                                                  coverage effective date (required)                                                                            Statutory Authority: This program is
                                                                                                       Children
daltland on DSKBBV9HB2PROD with NOTICES




                                               h. requested QHP coverage end date                                                                            authorized by—
                                                  (required)                                           AGENCY: Unaccompanied Alien                              (A) Section 462 of the Homeland
                                               i. transaction ID (required)                            Children’s (UAC) Program, Office of                   Security Act of 2002, which in March
                                                  Data provided by VHA to CMS:                         Refugee Resettlement (ORR),                           2003, transferred responsibility for the
                                               a. SSN (required)                                       Administration for Children and                       care and custody of Unaccompanied
                                               b. start/end date(s) of enrollment                      Families (ACF), U.S. Department of                    Alien Children from the Commissioner
                                                  period(s) (when match occurs)                        Health and Human Services (HHS).                      of the former Immigration and


                                          VerDate Sep<11>2014   18:05 Oct 02, 2018   Jkt 247001   PO 00000   Frm 00027   Fmt 4703   Sfmt 4703   E:\FR\FM\03OCN1.SGM   03OCN1



Document Created: 2018-10-03 02:29:40
Document Modified: 2018-10-03 02:29:40
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 November 2, 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.
ContactIf you have questions about the matching program, you may contact Jack Lavelle, Senior Advisor, Marketplace Eligibility and Enrollment Group, Center for Consumer Information and Insurance Oversight, CMS, 7501 Wisconsin Ave., Bethesda, MD 20814, (410) 786-0639, or by email at [email protected]
FR Citation83 FR 49930 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR