[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Notices]
[Pages 11274-11275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04732]
[[Page 11274]]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
Privacy Act of 1974; CMS Computer Match No. 2016-11; HHS Computer
Match No. 1601; Effective Date--April 2, 2016; Expiration Date--October
2, 2017
AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of
Health and Human Services (HHS).
ACTION: Notice of computer matching program.
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SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended, this notice announces the establishment of a computer
matching program that CMS plans to conduct with the State-based
Administering Entities.
DATES: Comments are invited on all portions of this notice. Submit
public comments on or before April 1, 2016. The computer matching
program will become effective no sooner than 40 days after the report
of the computer matching program is sent to the Office of Management
and Budget (OMB) and copies of the agreement are sent to Congress, or
30 days after publication in the Federal Register, whichever is later.
ADDRESSES: The public should send comments to: CMS Privacy Officer,
Division of Security, Privacy Policy and Governance, Information
Security and 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, Email:
[email protected].
SUPPLEMENTARY INFORMATION: The Computer Matching and Privacy Protection
Act of 1988 (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 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 their 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.
Walter Stone,
CMS Privacy Officer, Centers for Medicare & Medicaid Services.
CMS Computer Match No. 2016-11
HHS Computer Match No. 1601
Name: ``Computer Matching Agreement between the Department of
Health and Human Services, Centers for Medicare & Medicaid Services and
the State-Based Administering Entities for Determining Eligibility for
Enrollment in Applicable State Health Subsidy Programs under the
Patient Protection and Affordable Care Act.''
SECURITY CLASSIFICATION:
Unclassified.
PARTICIPATING AGENCIES:
Department of Health and Human Services (HHS), Centers for Medicare
& Medicaid Services (CMS), and the State-Based Administering Entities.
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
applying for and determining eligibility for enrollment in applicable
State health subsidy programs and authorizes the use of secure,
electronic interfaces and an on-line system for the verification of
eligibility.
The Computer Matching and Privacy Protection Act of 1988 (CMPPA)
(Pub. L. 100-503), amended the Privacy Act (5 U.S.C. 552a) requires the
parties participating in a matching program to execute a written
agreement specifying the terms and conditions under which the matching
will be conducted. CMS has determined that status verification checks
to be conducted by the Federally-facilitated Exchange (FFE), and State-
based Administering Entities using the data transmitted through the CMS
Federal Data Services Hub constitute a ``computer matching program'' as
defined in the CMPPA.
PURPOSE(S) OF THE MATCHING PROGRAM:
The purpose of the Computer Matching Agreement is to establish the
terms, conditions, safeguards, and procedures under which CMS will
disclose certain information to State-based Administering Entities 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 (Pub. L. 111-152), which are referred to
collectively as the Affordable Care Act (ACA), amendments to the Social
Security Act made by the ACA, and the implementing regulations. The
Administering Entities will use the data, accessed through the Hub, to
make eligibility determinations for enrollment in an applicable State
health subsidy program. This Computer Matching Agreement also
establishes the terms, conditions, safeguards, and procedures under
which State Medicaid/CHIP agencies shall provide data to CMS (as the
Federally-facilitated Marketplace (FFM)), State-based Marketplaces
(SBMs) and BHPs to verify whether an applicant or enrollee who has
submitted an application to the FFM or a SBM has current eligibility or
enrollment in a Medicaid/CHIP program.
DESCRIPTION OF RECORDS TO BE USED IN THE MATCHING PROGRAM:
This computer matching program will be conducted with data
maintained by CMS in the Health Insurance Exchanges Program, CMS System
No. 09-70-0560, as amended. The system is described in the System of
Records Notice published at 78 FR 63211 (Oct. 23, 2013).
INCLUSIVE DATES OF THE MATCH:
The matching program will become effective no sooner than 40 days
after the report of the matching program is sent to the Office of
Management and Budget and copies of the agreement are sent to Congress,
or 30 days after
[[Page 11275]]
publication in the Federal Register, whichever is later. 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. 2016-04732 Filed 3-2-16; 8:45 am]
BILLING CODE 4120-03-P