[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Notices]
[Pages 8075-8076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03185]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[CMS Computer Match No. 2016-08; HHS Computer Match No. 1606]
Privacy Act of 1974; Effective Date--April 2, 2016; Expiration
Date--October 2, 2016
AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of
Health and Human Services (HHS).
ACTION: Notice of Computer Matching Program (CMP).
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SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended, this notice announces the re-establishment of a CMP
that CMS plans to conduct with the Internal Revenue Service (IRS), a
Bureau of the Department of the Treasury.
DATES: Effective Dates: Comments are invited on all portions of this
notice. The effective date of the Computer Matching Agreement (CMA) is
April 2, 2016, provided that the following review periods have lapsed:
thirty (30) days from the date CMS publishes a Notice of Computer
Matching in the Federal Register; thirty (30) days from the date the
matching program report is transmitted to the Congressional committees
of jurisdiction consistent with the provisions of 5 U.S.C. Sec. Sec.
552a (r), (o)(2)(A), and (o)(2)(B); and forty (40) days from the date
the matching program report is sent to OMB, consistent with the
provisions of 5 U.S.C. Sec. 552a (r) and OMB Circular A-130, Revised
(Transmittal Memorandum No. 4), November 28, 2000, Appendix I, entitled
``Federal Agency Responsibilities for Maintaining
[[Page 8076]]
Records about Individuals'' (A-130 Appendix I).
ADDRESSES: The public should send comments to: CMS Privacy Officer,
Division of Security, Privacy Policy & Governance, Information Security
& Privacy Group, Office of Enterprise Information, CMS, Room N1-24-08,
7500 Security Boulevard, Baltimore, Maryland 21244-1850. Comments
received will be available for review at this location, by appointment,
during regular business hours, Monday through Friday from 9:00 a.m.-
3:00 p.m., Eastern Time zone.
FOR FURTHER INFORMATION CONTACT: Elizabeth Kane, Acting Director,
Verifications Policy & Operations Division, Eligibility and Enrollment
Policy and Operations Group, Center for Consumer Information and
Insurance Oversight, CMS, 7501 Wisconsin Avenue, Bethesda, MD 20814,
Office Phone: (301) 492-4418, Facsimile: (443) 380-5531, E-Mail:
[email protected].
SUPPLEMENTARY INFORMATION: The Computer Matching and Privacy Protection
Act of 1988 (Public Law (Pub. L.) 100-503), amended the Privacy Act (5
U.S.C. Sec. 552a) by describing the manner in which computer matching
involving Federal agencies could be performed and adding certain
protections for individuals applying for and receiving Federal
benefits. Section 7201 of the Omnibus Budget Reconciliation Act of 1990
(Pub. L. 101-508) further amended the Privacy Act regarding protections
for such individuals. The Privacy Act, as amended, regulates the use of
computer matching by Federal agencies when records in a system of
records are matched with other Federal, state, or local government
records. It requires Federal agencies involved in computer matching
programs to:
1. Negotiate written agreements with the other agencies
participating in the matching programs;
2. Obtain the Data Integrity Board approval of the match
agreements;
3. Furnish detailed reports about matching programs to Congress and
OMB;
4. Notify applicants and beneficiaries that the records are subject
to matching; and,
5. Verify match findings before reducing, suspending, terminating,
or denying an individual's benefits or payments.
This matching program meets the requirements of the Privacy Act of
1974, as amended.
Celeste Dade-Vinson,
Health Insurance Specialist, Centers for Medicare & Medicaid Services.
CMS Computer Match No. 2016-08
HHS Computer Match No. 1606
NAME:
``Computer Matching Agreement between the Department of Health and
Human Services, Centers for Medicare & Medicaid Services, and the
Department of the Treasury, Internal Revenue Service, for the
Verification of Household Income and Family Size for Insurance
Affordability Programs and Exemptions''
SECURITY CLASSIFICATION:
Unclassified
PARTICIPATING AGENCIES:
Department of Health and Human Services (HHS), Centers for Medicare
& Medicaid Services (CMS), and Department of the Treasury, Internal
Revenue Service (IRS)
AUTHORITY FOR CONDUCTING MATCHING PROGRAM:
Sections 1411 and 1413 of 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) require the Secretary of HHS to establish a program for
determining eligibility for certain state health subsidy programs, and
certifications of exemption; and authorize use of secure, electronic
interfaces and an on-line system for the verification of eligibility.
Section 1414 of the ACA amended 26 U.S.C. Sec. 6103 to add
paragraph (l)(21), which authorizes the disclosure of certain items of
return information as part of the Eligibility Determination process for
enrollment in the following state health subsidy programs: advance
payments of the premium tax credit (APTC) under Sections 1401, 1411 and
1412 of the ACA; cost-sharing reductions (CSRs) under Section 1402 of
the ACA; Medicaid and the Children's Health Insurance Program (CHIP),
under titles XIX and XXI of the Social Security Act, pursuant to
Section 1413 of the ACA; or a State's Basic Health Program (BHP), if
applicable, under Section 1331 of the ACA.
PURPOSE(S) OF THE MATCHING PROGRAM:
The purpose of the Computer Matching Agreement (CMA) is to re-
establish the terms, conditions, safeguards, and procedures governing
the disclosures of return information by IRS to CMS and by CMS to
entities administering Medicaid, CHIP, or Basic Health Programs, and
state-based Exchanges (also, called Marketplaces) through the CMS Data
Services Hub to support the verification of household income and family
size for an applicant receiving an eligibility determination under the
ACA.
Return information will be matched by CMS in its capacity as the
Federally-facilitated Exchange (also, known as the Federally-
facilitated Marketplace) or by an administering entity for the purpose
of determining eligibility for state health subsidy programs (APTC,
CSR, Medicaid, CHIP or a BHP). Return information will also be matched
for determining eligibility for certain certificates of exemption.
DESCRIPTION OF RECORDS TO BE USED IN THE MATCHING PROGRAM:
The matching program will be conducted with data maintained by CMS
in the Health Insurance Exchanges System (HIX), CMS System No. 09-70-
0560, as amended, published at 78 Federal Register (FR) 8538 (Feb. 6,
2013), 78 FR 32256 (May 29, 2013) and 78 FR 63211 (October 23, 2013).
The matching program will also be conducted with specified Return
Information maintained by IRS in the Customer Account Data Engine
(CADE) Individual Master File, Treasury/IRS 24.030, published at 77 FR
47948 (August 10, 2012).
INCLUSIVE DATES OF THE MATCH:
The effective date of the CMA is April 2, 2016, provided that the
following review periods have lapsed: Thirty (30) days from the date
CMS publishes a Notice of Computer Matching in the Federal Register;
thirty (30) days from the date the matching program report is
transmitted to the Congressional committees of jurisdiction consistent
with the provisions of 5 U.S.C. Sec. Sec. 552a(r), (o)(2)(A), and
(o)(2)(B); and forty (40) days from the date the matching program
report is sent to OMB, consistent with the provisions of 5 U.S.C. Sec.
552a (r) and OMB Circular A-130, Revised (Transmittal Memorandum No.
4), November 28, 2000, Appendix I, entitled ``Federal Agency
Responsibilities for Maintaining Records about Individuals'' (A-130
Appendix I). The matching program will continue for 18 months from the
effective date and may be extended for an additional 12 months
thereafter, if certain conditions are met.
[FR Doc. 2016-03185 Filed 2-16-16; 8:45 am]
BILLING CODE 4120-03-P