83_FR_52159 83 FR 51960 - Privacy Act of 1974; Matching Program

83 FR 51960 - Privacy Act of 1974; Matching Program

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

Federal Register Volume 83, Issue 199 (October 15, 2018)

Page Range51960-51961
FR Document2018-22405

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 re-established matching program between CMS and each State Based Administering Entity (AE), titled ``Determining Eligibility for Enrollment in Applicable State Health Subsidy Programs Under the Patient Protection and Affordable Care Act.''

Federal Register, Volume 83 Issue 199 (Monday, October 15, 2018)
[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)]
[Notices]
[Pages 51960-51961]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22405]


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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).

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 
re-established matching program between CMS and each State Based 
Administering Entity (AE), titled ``Determining Eligibility for 
Enrollment in Applicable State Health Subsidy Programs Under the 
Patient Protection and Affordable Care Act.''

DATES: The deadline for comments on this notice is November 14, 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 changes to the 
matching program and certify that the program has been conducted in 
compliance with the matching agreement.

ADDRESSES: Written comments can be sent 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.

Walter Stone,
CMS Privacy Act Officer, Information Security and Privacy Group, and 
Office of Information Technology, Centers for Medicare & Medicaid 
Service.

Participating Agencies

    Department of Health and Human Services (HHS), Centers for Medicare 
& Medicaid Services (CMS), and the AE in each state. Each is both a 
source and a recipient agency as explained in the Purpose(s) section 
below.
    AEs administer insurance affordability programs, and include 
Medicaid/Children's Health Insurance Program (CHIP) agencies, state-
based exchanges (SBEs), and basic health programs (BHPs). In states 
that operate a SBE, the AE would include the Medicaid/CHIP agency. 
Additionally, there are two states--Minnesota and New York--where the 
AE operates both a SBE and BHP. In states that have elected to utilize 
the federally-facilitated exchange (FFE), the AE would include only the 
Medicaid/CHIP agency.

Authority for Conducting the Matching Program

    The statutory authority for the matching program is 42 U.S.C. 
18001, et seq.

Purpose(s)

    The matching program will enable CMS to provide information 
(including information CMS receives from other federal agencies under 
related matching agreements) to AEs, to assist AEs in verifying 
applicant information as required by the Affordable Care Act to 
determine applicants' eligibility for enrollment in applicable state 
health subsidy programs, including exemption from the requirement to 
maintain minimum essential coverage (MEC) or from the individual 
responsibility payment. In addition, to avoid dual enrollment, 
information will be shared between CMS and AEs, and among AEs, for the 
purpose of verifying whether applicants and enrollees are currently 
eligible for or enrolled in a Medicaid/CHIP program. All information 
will be shared through a data services hub (Hub) established by CMS to 
support the federally-facilitated health insurance exchange (which CMS 
operates) and state-based exchanges.

Categories of Individuals

    The individuals whose information will be used in the matching 
program are consumers who apply for eligibility to enroll in applicable 
state health subsidy programs through an exchange established under ACA 
and other relevant individuals (such as, applicants' household 
members).

Categories of Records

    The categories of records that will be used in the matching program 
are identifying records; minimum essential coverage period records; 
return information (household income and family size information); 
citizenship status records; birth and death information; disability 
coverage and income information; and imprisonment status records.
    The data elements CMS will receive from AEs may include:
    1. Social security number (if applicable).
    2. last name.

[[Page 51961]]

    3. first name.
    4. date of birth.
    The data elements the AEs will receive from CMS may include:
    1. Validation of SSN.
    2. verification of citizenship or immigration status.
    3. incarceration status.
    4. eligibility and/or enrollment in certain types of minimum 
essential coverage.
    5. income, based on federal tax information (FTI), Title II 
benefits, and current income sources.
    6. quarters of coverage.
    7. death indicator.

System(s) of Records

    The records that CMS will disclose to AEs will be disclosed from 
the following systems of records, as authorized by routine use 3 
published in the System of Records Notices (SORNs ) cited below:
     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).

[FR Doc. 2018-22405 Filed 10-12-18; 8:45 am]
BILLING CODE 4120-03-P



                                               51960                        Federal Register / Vol. 83, No. 199 / Monday, October 15, 2018 / Notices

                                               Jeffrey M. Zirger,                           and Enrollment Group, Center for                                 programs (BHPs). In states that operate
                                               Acting Chief, Information Collection Review  Consumer Information and Insurance                               a SBE, the AE would include the
                                               Office, Office of Scientific Integrity, Office
                                                                                            Oversight, CMS, 7501 Wisconsin Ave.                              Medicaid/CHIP agency. Additionally,
                                               of the Associate Director for Science, OfficeBethesda, MD 20814, (410) 786–0639, or                           there are two states—Minnesota and
                                               of the Director, Centers for Disease Control by email at Jack.Lavelle1@cms.hhs.gov.                           New York—where the AE operates both
                                               and Prevention.                                                                                               a SBE and BHP. In states that have
                                                                                            SUPPLEMENTARY INFORMATION: The
                                               [FR Doc. 2018–22358 Filed 10–12–18; 8:45 am]                                                                  elected to utilize the federally-facilitated
                                                                                            Privacy Act of 1974, as amended (5
                                               BILLING CODE 4163–18–P
                                                                                            U.S.C. 552a) provides certain                                    exchange (FFE), the AE would include
                                                                                            protections for individuals applying for                         only the Medicaid/CHIP agency.
                                                                                            and receiving federal benefits. The law                          Authority for Conducting the Matching
                                               DEPARTMENT OF HEALTH AND
                                                                                            governs the use of computer matching                             Program
                                               HUMAN SERVICES
                                                                                            by federal agencies when records in a
                                                                                            system of records (meaning, federal                                The statutory authority for the
                                               Centers for Medicare & Medicaid                                                                               matching program is 42 U.S.C. 18001, et
                                               Services                                     agency records about individuals
                                                                                            retrieved by name or other personal                              seq.
                                               Privacy Act of 1974; Matching Program identifier) are matched with records of                                 Purpose(s)
                                                                                            other federal or non-federal agencies.
                                               AGENCY: Centers for Medicare &                                                                                   The matching program will enable
                                                                                            The Privacy Act requires agencies
                                               Medicaid Services (CMS), Department                                                                           CMS to provide information (including
                                                                                            involved in a matching program to:
                                               of Health and Human Services (HHS).                                                                           information CMS receives from other
                                                                                               1. Enter into a written agreement,
                                               ACTION: Notice of a new matching                                                                              federal agencies under related matching
                                                                                            which must be prepared in accordance
                                               program.                                                                                                      agreements) to AEs, to assist AEs in
                                                                                            with the Privacy Act, approved by the
                                                                                                                                                             verifying applicant information as
                                                                                            Data Integrity Board of each source and
                                               SUMMARY: In accordance with subsection                                                                        required by the Affordable Care Act to
                                                                                            recipient federal agency, provided to
                                               (e)(12) of the Privacy Act of 1974, as                                                                        determine applicants’ eligibility for
                                                                                            Congress and the Office of Management
                                               amended, the Department of Health and                                                                         enrollment in applicable state health
                                                                                            and Budget (OMB), and made available
                                               Human Services (HHS), Centers for                                                                             subsidy programs, including exemption
                                                                                            to the public, as required by 5 U.S.C.
                                               Medicare & Medicaid Services (CMS) is                                                                         from the requirement to maintain
                                                                                            552a(o), (u)(3)(A), and (u)(4).
                                               providing notice of a re-established            2. Notify the individuals whose                               minimum essential coverage (MEC) or
                                               matching program between CMS and             information will be used in the                                  from the individual responsibility
                                               each State Based Administering Entity        matching program that the information                            payment. In addition, to avoid dual
                                               (AE), titled ‘‘Determining Eligibility for   they provide is subject to verification                          enrollment, information will be shared
                                               Enrollment in Applicable State Health        through matching, as required by 5                               between CMS and AEs, and among AEs,
                                               Subsidy Programs Under the Patient           U.S.C. 552a(o)(1)(D).                                            for the purpose of verifying whether
                                               Protection and Affordable Care Act.’’           3. Verify match findings before                               applicants and enrollees are currently
                                               DATES: The deadline for comments on          suspending, terminating, reducing, or                            eligible for or enrolled in a Medicaid/
                                               this notice is November 14, 2018. The        making a final denial of an individual’s                         CHIP program. All information will be
                                               re-established matching program will         benefits or payments or taking other                             shared through a data services hub
                                               commence not sooner than 30 days after adverse action against the individual, as                              (Hub) established by CMS to support the
                                               publication of this notice, provided no      required by 5 U.S.C. 552a(p).                                    federally-facilitated health insurance
                                               comments are received that warrant a            4. Report the matching program to                             exchange (which CMS operates) and
                                               change to this notice. The matching          Congress and the OMB, in advance and                             state-based exchanges.
                                               program will be conducted for an initial annually, as required by 5 U.S.C.                                    Categories of Individuals
                                               term of 18 months (from approximately        552a(o)(2)(A)(i), (r), and (u)(3)(D).
                                               October 2018 to April 2020) and within                                                                          The individuals whose information
                                                                                               5. Publish advance notice of the
                                               3 months of expiration may be renewed matching program in the Federal                                         will be used in the matching program
                                               for one additional year if the parties                                                                        are consumers who apply for eligibility
                                                                                            Register as required by 5 U.S.C.
                                               make no changes to the matching                                                                               to enroll in applicable state health
                                                                                            552a(e)(12).
                                               program and certify that the program                                                                          subsidy programs through an exchange
                                                                                               This matching program meets these
                                               has been conducted in compliance with requirements.                                                           established under ACA and other
                                               the matching agreement.                                                                                       relevant individuals (such as,
                                                                                            Walter Stone,                                                    applicants’ household members).
                                               ADDRESSES: Written comments can be
                                               sent to: CMS Privacy Act Officer,            CMS Privacy Act Officer, Information Security                    Categories of Records
                                                                                            and Privacy Group, and Office of Information
                                               Division of Security, Privacy Policy &       Technology, Centers for Medicare & Medicaid                         The categories of records that will be
                                               Governance, Information Security &           Service.                                                         used in the matching program are
                                               Privacy Group, Office of Information                                                                          identifying records; minimum essential
                                               Technology, CMS, 7500 Security Blvd.,        Participating Agencies
                                                                                                                                                             coverage period records; return
                                               Baltimore, MD 21244–1870, Mailstop:             Department of Health and Human                                information (household income and
                                               N3–15–25, or by email to: walter.stone@ Services (HHS), Centers for Medicare &                                family size information); citizenship
                                               cms.hhs.gov. Comments received will be Medicaid Services (CMS), and the AE in                                 status records; birth and death
                                               available for review at this location, by    each state. Each is both a source and a
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                                                                                                                                                             information; disability coverage and
                                               appointment, during regular business         recipient agency as explained in the                             income information; and imprisonment
                                               hours, Monday through Friday from            Purpose(s) section below.                                        status records.
                                               9:00 a.m. to 3:00 p.m.                          AEs administer insurance                                         The data elements CMS will receive
                                               FOR FURTHER INFORMATION CONTACT: If          affordability programs, and include                              from AEs may include:
                                               you have questions about the matching        Medicaid/Children’s Health Insurance                                1. Social security number (if
                                               program, you may contact Jack Lavelle,       Program (CHIP) agencies, state-based                             applicable).
                                               Senior Advisor, Marketplace Eligibility      exchanges (SBEs), and basic health                                  2. last name.


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                                                                            Federal Register / Vol. 83, No. 199 / Monday, October 15, 2018 / Notices                                          51961

                                                 3. first name.                                        402–8010, email: CBERPublicEvents@                    following subjects: (1) The necessity and
                                                 4. date of birth.                                     fda.hhs.gov (subject line: Pathogen                   utility of the proposed information
                                                 The data elements the AEs will                        Reduction Technology and Blood                        collection for the proper performance of
                                               receive from CMS may include:                           Safety).                                              the agency’s functions; (2) the accuracy
                                                 1. Validation of SSN.                                 SUPPLEMENTARY INFORMATION:       In the               of the estimated burden; (3) ways to
                                                 2. verification of citizenship or                     Federal Register of Monday, September                 enhance the quality, utility, and clarity
                                               immigration status.                                     17, 2018 (83 FR 46959), in FR Doc.                    of the information to be collected; and
                                                 3. incarceration status.                                                                                    (4) the use of automated collection
                                                                                                       2018–20090, on page 46960, the
                                                 4. eligibility and/or enrollment in                                                                         techniques or other forms of information
                                                                                                       following correction is made:
                                               certain types of minimum essential                         On page 46960, in the second column,               technology to minimize the information
                                               coverage.                                               in section III, in the ‘‘Registration’’ and           collection burden.
                                                 5. income, based on federal tax                                                                                Information Collection Request Title:
                                                                                                       ‘‘Streaming Webcast of the Public
                                               information (FTI), Title II benefits, and                                                                     SF–271 Outlay Report and Request for
                                                                                                       Workshop’’ portions, ‘‘https://
                                               current income sources.                                                                                       Reimbursement for Construction
                                                                                                       www.eventbrite.com/e/pathogen-
                                                 6. quarters of coverage.                                                                                    Programs.
                                                                                                       reduction-technologies-for-blood-safety-
                                                 7. death indicator.                                                                                            Abstract: The SF–271 Outlay Report
                                                                                                       public-workshop-tickets-4464956605’’ is
                                               System(s) of Records                                    corrected to read ‘‘https://                          and Request for Reimbursement for
                                                                                                       www.eventbrite.com/e/pathogen-                        Construction Programs form is by used
                                                 The records that CMS will disclose to
                                                                                                       reduction-technologies-for-blood-safety-              grant awardees to request financial
                                               AEs will be disclosed from the
                                                                                                       public-workshop-tickets-44649566054.’’                assistance funds for the purpose of
                                               following systems of records, as
                                                                                                                                                             reimbursement of construction-related
                                               authorized by routine use 3 published                     Dated: October 9, 2018.
                                                                                                                                                             expenditures.
                                               in the System of Records Notices                        Leslie Kux,
                                                                                                                                                                Need and Proposed Use of the
                                               (SORNs ) cited below:                                   Associate Commissioner for Policy.
                                                 • CMS Health Insurance Exchanges                                                                            Information: The SF–271 Outlay Report
                                                                                                       [FR Doc. 2018–22364 Filed 10–12–18; 8:45 am]          and Request for Reimbursement for
                                               System (HIX), CMS System No. 09–70–
                                               0560, last published in full at 78 FR
                                                                                                       BILLING CODE 4164–01–P                                Construction Programs form is used by
                                               63211 (Oct. 23, 2013), as amended at 83                                                                       grant awardees in post-award financial
                                               FR 6591 (Feb. 14, 2018).                                                                                      activities related to Federal financial
                                                                                                       DEPARTMENT OF HEALTH AND                              assistance.
                                               [FR Doc. 2018–22405 Filed 10–12–18; 8:45 am]            HUMAN SERVICES
                                                                                                                                                                Likely Respondents: Federal financial
                                               BILLING CODE 4120–03–P
                                                                                                       [Document Identifier OS–04040–0011]                   assistance awardees.
                                                                                                                                                                Burden Statement: Burden in this
                                                                                                       Agency Information Collection                         context means the time expended by
                                               DEPARTMENT OF HEALTH AND                                Request. 60-Day Public Comment
                                               HUMAN SERVICES                                                                                                persons to generate, maintain, retain,
                                                                                                       Request                                               disclose or provide the information
                                               Food and Drug Administration                            AGENCY:   Office of the Secretary, HHS.               requested. This includes the time
                                                                                                       ACTION:   Notice.                                     needed to review instructions, to
                                               [Docket No. FDA–2018–N–0001]                                                                                  develop, acquire, install and utilize
                                                                                                       SUMMARY:   In compliance with the                     technology and systems for the purpose
                                               Pathogen Reduction Technologies for
                                                                                                       requirement of the Paperwork                          of collecting, validating and verifying
                                               Blood Safety; Public Workshop;
                                                                                                       Reduction Act of 1995, the Office of the              information, processing and
                                               Correction
                                                                                                       Secretary (OS), Department of Health                  maintaining information, and disclosing
                                               AGENCY:    Food and Drug Administration,                and Human Services, is publishing the                 and providing information, to train
                                               HHS.                                                    following summary of a proposed                       personnel and to be able to respond to
                                               ACTION: Notice of public workshop;                      collection for public comment.                        a collection of information, to search
                                               correction.                                             DATES: Comments on the ICR must be                    data sources, to complete and review
                                                                                                       received on or before December 14,                    the collection of information, and to
                                               SUMMARY:   The Food and Drug                            2018.                                                 transmit or otherwise disclose the
                                               Administration is correcting a document                                                                       information. The total annual burden
                                               that appeared in the Federal Register of                ADDRESSES:   Submit your comments to                  hours estimated for the ICs are
                                               September 17, 2018. The document                        ed.calimag@hhs.gov or (202) 690–7569.                 summarized in the table below.
                                               announced a public workshop entitled                    FOR FURTHER INFORMATION CONTACT:                         HHS estimates that the form will take
                                               ‘‘Pathogen Reduction Technologies for                   When submitting comments or                           1 hour to complete each form.
                                               Blood Safety; Public Workshop.’’ The                    requesting information, please include                   Once OMB approves the use of the
                                               document was published with an error                    the document identifier 4040–0011                     SF–271 Outlay Report and Request for
                                               in the website address to register for the              New–60D and project title for reference,              Reimbursement for Construction
                                               workshop. This document corrects that                   to Sherrette.funn@hhs.gov, or call 202–               Programs form as a common form,
                                               error.                                                  795–7714, the Reports Clearance                       federal agencies may request OMB
                                               FOR FURTHER INFORMATION CONTACT: Loni                   Officer.                                              approval to use this common form
                                               Warren Henderson or Sherri Revell,                      SUPPLEMENTARY INFORMATION:      Interested            without having to publish notices and
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                                               Center for Biologics Evaluation and                     persons are invited to send comments                  request public comments for 60 and 30
                                               Research, Food and Drug                                 regarding this burden estimate or any                 days. Each agency must account for the
                                               Administration, 10903 New Hampshire                     other aspect of this collection of                    burden associated with their use of the
                                               Ave., Silver Spring, MD 20993, 240–                     information, including any of the                     common form.




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Document Created: 2018-10-13 10:04:51
Document Modified: 2018-10-13 10:04:51
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 November 14, 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 changes 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 51960 

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