[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Notices]
[Pages 40542-40544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16099]
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SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA-2013-0032]
Privacy Act of 1974, As Amended: Proposed New Routine Use
AGENCY: Social Security Administration.
ACTION: New Proposed Routine Use Applicable to Four Systems of Records.
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[[Page 40543]]
SUMMARY: In accordance with the Privacy Act of 1974 (5 U.S.C.
552a(e)(4) and (e)(11)) and our disclosure regulations (20 CFR Part
401), we are issuing public notice of our intent to publish a new
routine use applicable to our systems of records entitled:
Master Files of Social Security Number (SSN) Holders and
SSN Applications, (60-0058) (the Enumeration System)
Earnings Recording and Self-Employment Income System, (60-
0059)
Master Beneficiary Record (MBR), (60-0090)
Prisoner Update Processing System (PUPS), (60-0269)
The Patient Protection and Affordable Care Act of 2010 (Pub. L.
111-148), as amended by the Health Care and Education Reconciliation
Act of 2010 (Pub. L. 111-152) (collectively, the ACA) requires the use
of a single, streamlined application to determine eligibility for an
Insurance Affordability Program (IAP), which includes:
a Qualified Health Plan (QHP) through an Exchange,
Advance Payments of the Premium Tax Credit (APTC),
Cost-Sharing Reductions (CSR),
Medicaid,
the Children's Health Insurance Program (CHIP), and
the Basic Health Program (BHP).
As a part of the eligibility determination process, individuals may
apply for an exemption from the individual responsibility requirement
to maintain coverage (certification of exemption). The new routine use
will enable SSA to disclose information to the Department of Health and
Human Services (DHHS)/Centers for Medicare & Medicaid Services (CMS) to
confirm the accuracy of attestations made by an individual to determine
eligibility and entitlement to an IAP and identify individuals who
qualify for certifications of exemption under the ACA. We discuss the
routine use in detail in the Supplementary Information section below.
We invite public comment on this proposal.
DATES: We filed a report of the routine use with the Chairman of the
Senate Committee on Homeland Security and Governmental Affairs, the
Chairman of the House Committee on Oversight and Government Reform, and
the Director, Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB). The routine use will become effective on
August 31, 2013 unless we receive comments before that date that would
result in a contrary determination.
ADDRESSES: Interested persons may comment on this publication by
writing to the Executive Director, Office of Privacy and Disclosure,
Office of the General Counsel, Social Security Administration, Room 617
Altmeyer Building, 6401 Security Boulevard, Baltimore, Maryland 21235-
6401. All comments we receive will be available for public inspection
at the above address.
FOR FURTHER INFORMATION CONTACT: Keisha Mahoney, Government Information
Specialist, The Electronic Interchange and Liaison Division, Office of
Privacy and Disclosure, Office of the General Counsel, Social Security
Administration, Room 617 Altmeyer Building, 6401 Security Boulevard,
Baltimore, Maryland 21235-6401, telephone: (410) 966-9048, Email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Purpose of the Proposed New Routine Use
Section 1411(c) of the ACA requires the Secretary of DHHS/CMS to
establish a program meeting the requirements of the ACA to determine
eligibility for and enrollment in an IAP, including:
a QHP through the Exchange,
APTC,
CSRs,
Medicaid,
the CHIP, and
the BHP.
As a part of the eligibility determination process, individuals may
apply for certifications of exemption under the ACA. Specifically,
individuals must furnish their name, date of birth, Social Security
number (SSN), and attestation of citizenship status to the Secretary of
DHHS/CMS. The Secretary of DHHS/CMS will submit the information to the
Commissioner of SSA for a determination as to whether the information
submitted is consistent with the records of SSA. The ACA also permits
the Secretary of DHHS/CMS to request additional information that is
relevant to determining entitlement and eligibility to programs. To
accommodate such requests, SSA will disclose (1) Disability indicator,
(2) death indicator, (3) prisoner data, (4) quarters of coverage, and
(5) monthly and annual Social Security benefit information under title
II of the Social Security Act (Act). Section 1411(c)(4) of the ACA
requires DHHS/CMS and SSA to use an on-line system or a system
otherwise involving electronic exchange to support such transactions.
To support this need, we are establishing a new routine use to allow
for such disclosures by SSA to DHHS/CMS. DHHS/CMS will use the data for
the purpose of the administration of IAPs and for certifications of
exemption under the ACA.
II. Proposed New Routine Use
The Privacy Act requires that agencies publish a notice in the
Federal Register of ``each routine use of the records contained in the
system, including the categories of users and the purpose of such
use.'' 5 U.S.C. 552a(e)(4)(D). We developed the following new routine
use that will allow us to disclose information to DHHS/CMS:
To the Department of Health and Human Services (DHHS)/Centers for
Medicare and Medicaid Services (CMS) for the purpose of the
administration of Insurance Affordability Programs (IAP) and to
identify individuals who qualify for an exemption from the individual
responsibility requirement in accordance with the Patient Protection
and Affordable Care Act of 2010 (Pub. L. 111-148), as amended by the
Health Care and Education Reconciliation Act of 2010 (Pub. L. 111-152).
IAPs include a Qualified Health Plan through the Exchange, Advance
Payments of the Premium Tax Credit, Cost Sharing Reductions, Medicaid,
the Children's Health Insurance Program, and the Basic Health Program.
The new routine use will be included in the following systems of
records:
60-0058, Master Files of SSN Holders and SSN Applications,
last published on December 29, 2010 at 74 FR 62866, as new routine use
45;
60-0059, Earnings Recording and Self-Employment Income
System, last published on January 11, 2006 at 71 FR 1819, as new
routine use 34;
60-0090, Master Beneficiary Record, last published on
January 11, 2006 at 71 FR 1826, as new routine use 39; and
60-0269, Prisoner Update Processing System (PUPS), last
published on March 8, 1999 at 64 FR 11076, as new routine use 13.
SSA will rely on this routine use to disclose only those data
elements from SSA's system of records that DHHS/CMS has demonstrated
are necessary for the administration of IAPs and certifications of
exemption in accordance with the ACA.
III. Compatibility of Routine Use
In accordance with the Privacy Act (5 U.S.C. 552(a) and (b)(3)),
and our disclosure regulations (20 CFR Part 401), we are proposing to
establish a new routine use to support the ACA.
We can disclose information when the disclosure is required by law
(20 CFR 401.120).
[[Page 40544]]
Section 1411(c) of the ACA requires SSA to determine
whether the name, date of birth, SSN and attestation of citizenship of
individuals applying for IAPs under the ACA are consistent with
information in SSA's records.
Section 205(r)(3) of the Social Security Act (Act) permits
SSA to disclose, on a reimbursable basis, death information to a
Federal or State agency that administers a Federally-funded benefit
other than pursuant to the Act to ensure proper payment of such
benefit. Section 7213 of the Intelligence Reform and Terrorism
Prevention Act of 2004 provides SSA authority to add a death indicator
to verification routines that the agency deems appropriate.
Sections 202(x)(3)(B)(iv) and 1611(e)(1)(I)(iii) of the
Act permit SSA to disclose, on a reimbursable basis, prisoner
information to an agency administering a Federal or Federally-funded
cash, food, or medical assistance program for eligibility and other
administrative purposes under such program.
We can also disclose information when the purpose is compatible
with the purpose for which we collected the information and is
supported by a published routine use (20 CFR 401.150). The Privacy Act
allows us to disclose information maintained in a system of records
without consent of the record subject to another party if such
disclosure is pursuant to a routine use published in the system of
records. 5 U.S.C. 552a(b)(3). A ``routine use'' must be compatible with
the purpose for which SSA collected the information (5 U.S.C.
552a(a)(7)). Under SSA's regulations, SSA may publish a routine use
permitting it to disclose information to another government entity for
the administration of other government programs when the information
requested concerns eligibility, benefit amounts, or other matters of
benefit status in a Social Security program and is relevant to
determining the same matters in other programs. 20 CFR 401.150(c). SSA
collects information from applicants for, and beneficiaries of, Social
Security benefits to determine entitlement and eligibility to such SSA
benefits and the amount of those benefits. Under the new routine use
and in accordance with the ACA, SSA will disclose information
concerning eligibility, benefit amounts, or other matters of benefit
status in a Social Security program to DHHS/CMS for use in making
initial eligibility determinations, and eligibility redetermination and
renewal decisions, including appeal determinations for IAPs, and
certifications of exemption under the ACA. Specifically, DHHS/CMS will
use the information SSA provides to determine entitlement and
eligibility in QHPs offered through an Exchange, including the APTCs
under section 36B of the Internal Revenue Code of 1986 and CSRs under
section 1402 of the ACA; a State Medicaid program under title XIX of
the Act; the CHIP under title XXI of the Act; a State program under
section 1331 of the ACA establishing qualified BHPs; and a
certification of exemption pursuant to section 1311(d)(4)(H) of the
ACA. The verification and disclosure of information in our records to
DHHS/CMS for its use in administering the health and income maintenance
programs under ACA and the Act, meet the statutory and compatibility
requirements for routine use disclosures.
IV. Effect of the Routine Use on the Rights of Individuals
DHHS/CMS and SSA are subject to Privacy Act requirements. Our
disclosures to DHHS/CMS are compliant with the Privacy Act, the ACA,
and the Social Security Act. The Privacy Act requires that our routine
use be compatible with the purpose for which we collected the
information. 5 U.S.C. 552a(a)(7) and (b)(3). In this case, we collect
the information we plan to disclose in order to administer our
programs. We will disclose this information to DHHS/CMS in connection
with the administration of IAPs and certifications of exemption under
ACA. We have determined that this is a compatible purpose under the
Privacy Act and our regulation. After we disclose information to DHHS/
CMS under the new routine use, the information is subject to the
relevant DHHS System of Records Notices. We will enter into a Computer
Matching and Privacy Protection Act (CMPPA) agreement with DHHS/CMS to
support the new routine use disclosures. CMPPA agreements have specific
provisions to protect the privacy rights of record subjects; to protect
the confidentiality and integrity of the records; and to prohibit
unauthorized use of the records. Therefore, we do not anticipate that
the routine use will have an unwarranted adverse effect on the privacy
or other rights of individuals about whom we will disclose information.
Kirsten J. Moncada,
Executive Director, Office of Privacy and Disclosure, Office of the
General Counsel.
[FR Doc. 2013-16099 Filed 7-3-13; 8:45 am]
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