[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Notices]
[Pages 8074-8075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03203]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers For Medicare & Medicaid Services
Privacy Act of 1974; CMS Computer Match No. 2016-10; HHS Computer
Match No. 1607; 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 Department of Homeland Security
(DHS), United States Citizenship and Immigration Services (USCIS).
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. 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. 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).
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. 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
[[Page 8075]]
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. 2016-10
HHS Computer Match No. 1607
NAME:
``Computer Matching Agreement between the Centers for Medicare &
Medicaid Services and the Department of Homeland Security, United
States Citizenship and Immigration Services, for the Verification of
United States Citizenship and Immigration Status Data for Eligibility
Determinations''
SECURITY CLASSIFICATION:
Unclassified
PARTICIPATING AGENCIES:
Department of Health and Human Services (HHS), Centers for Medicare
& Medicaid Services (CMS), and Department of Homeland Security (DHS),
United States Citizenship and Immigration Services (USCIS)
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.
PURPOSE(S) OF THE MATCHING PROGRAM:
The purpose of the Computer Matching Agreement is to re-establish
the terms, conditions, safeguards, and procedures under which USCIS
will provide records, information, or data to CMS under the ACA. CMS
will access USCIS data needed to make eligibility determinations in its
capacity as a Federally-facilitated Exchange, and state agencies that
administer Medicaid, a Basic Health Program, or the Children's Health
Insurance Program, and State-based Exchanges will receive the results
of verifications using USCIS data accessed through CMS Data Services
Hub to make eligibility determinations.
Data will be matched by CMS for the purpose for determining
eligibility for enrollment in state health subsidy programs and
eligibility determinations for exemptions. Specifically, USCIS will
provide CMS with electronic access to immigrant, nonimmigrant, and
naturalized or derived citizen status information contained within or
accessed by the USCIS Verification Information System. Access to this
information will assist CMS in determining whether an applicant is
lawfully present, a qualified non-citizen, a naturalized or derived
citizen, and whether the 5 year bar applies and has been met in order
to determine eligibility for the previously mentioned programs.
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 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 data maintained by
DHS in the Systematic Alien Verification for Entitlements (SAVE) System
of Records Notice (SAVE SORN): DHS/USCIS-004 Systematic Alien
Verification for Entitlements Program System of Records Notice, 77 FR
47415 (August 8, 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. 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. 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. 2016-03203 Filed 2-16-16; 8:45 am]
BILLING CODE 4120-03-P