[Federal Register Volume 81, Number 53 (Friday, March 18, 2016)]
[Notices]
[Pages 14852-14854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06125]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[CMS Computer Match No. 2016-02]
HHS Computer Match No. 1603; DoD-DMDC Match No. 12
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 re-establishes a computer matching
agreement between CMS and the Department of Defense (DoD). We have
provided background information about the proposed matching program in
the SUPPLEMENTARY INFORMATION section below. The Privacy Act requires
that CMS provide an opportunity for interested persons to comment on
the proposed matching program. We may defer implementation of this
matching program if we receive comments that persuade us to defer
implementation. See ``Effective Dates'' section below for comment
period.
DATES: Effective Dates: Comments are invited on all portions of this
Notice. Public comments must be submitted within 30-days of publication
of this Notice. This 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 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 Act 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
[[Page 14853]]
Friday from 9:00 a.m.-3:00 p.m., Eastern Time zone.
FOR FURTHER INFORMATION CONTACT: Karen Mandelbaum, Director, Division
of Security, Privacy Policy & Governance, Information Security &
Privacy Group, Office of Enterprise Information, CMS, Mail stop N1-24-
08, 7500 Security Boulevard, Baltimore, Maryland 21244-1850, Office
Phone: 410-786-1762, Email: [email protected].
SUPPLEMENTARY INFORMATION: The Computer Matching and Privacy
Protection Act of 1988 (Pub. L. 100-503), amended the Privacy Act of
1974 (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 matching
agreements;
3. Furnish detailed reports about matching programs to Congress and
the Office of Management and Budget;
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.
CMS Computer Matches Subject to the Privacy Act
CMS has taken action to ensure that all computer matching programs
that this Agency participates in comply with the requirements of the
Privacy Act of 1974, as amended.
Emery Csulak,
Director, ISPG, Chief Information Security Officer, and Senior Official
for Privacy, Centers for Medicare & Medicaid Services.
CMS Computer Match No. 2016-02
HHS Computer Match No. 1603
DoD-DMDC Match No. 12
NAME:
Computer Matching Agreement between the Centers for Medicare &
Medicaid Services and the Defense Manpower Data Center Department of
Defense for Disclosure of Enrollment and Eligibility Information for
Military Health System Beneficiaries who are Medicare Eligible''
SECURITY CLASSIFICATION:
Unclassified.
PARTICIPATING AGENCIES:
The Centers for Medicare & Medicaid Services (CMS); and Department
of Defense (DoD), Defense Manpower Data Center and the Office of the
Assistant Secretary of Defense Health Affairs/Defense Health Agency.
AUTHORITY FOR CONDUCTING MATCHING PROGRAM:
This computer matching agreement is executed to comply with the
Privacy Act of 1974 (Title 5 United States Code (U.S.C.) 552a), as
amended, (as amended by Public Law (Pub. L.) 100-503, the Computer
Matching and Privacy Protection Act of 1988), the Office of Management
and Budget, Circular A-130, titled ``Management of Federal Information
Resources'', 61 Federal Register 6435 (February 20, 1996), and the
Office of Management and Budget guidelines pertaining to computer
matching, 54 Federal Register 25818 (June 19, 1989).
Prior to 1991, CHAMPUS entitlement terminated when any individual
became eligible for Medicare Part A on a non-premium basis. The
National Defense Authorization Act(s) (NDAA) for Fiscal Years (FY) 1992
and 1993 (Pub. L. 102-190) Sec. 704, provide for reinstatement of
CHAMPUS as second payer for beneficiaries entitled to Medicare on the
basis of disability/End Stage Renal Disease (ESRD) only if they also
enroll in Medicare Part B.
This agreement implements the information matching provisions of
the following section NDAA, FY 1992 (Pub. L. 102-190) Sections 704 and
713; FY 1993 (Pub. L. 102-484) Section 705. FY 1996 (Pub. L. 104-106)
Section 732, directed the administering Secretaries to develop a
mechanism for notifying beneficiaries of their ineligibility for
CHAMPUS when is due to enrollment in Medicare Part A only; and FY 2001
(Pub. L. 106-398) Sections 711 and 712.
PURPOSE(S) OF THE MATCHING PROGRAM:
The purpose of this agreement is to establish the conditions,
safeguards and procedures under which CMS will disclose Medicare
enrollment information to the DoD, Defense Manpower Data Center, and
Health Affairs/Defense Health Agency. The disclosure by CMS will
provide Defense Health Agency with the information necessary to
determine if Military Health System beneficiaries (other than
dependents of active duty personnel), who are enrolled in Medicare Part
B, are also eligible to receive continued military health care
benefits. This disclosure will provide the Defense Health Agency with
the information necessary to meet the Congressional mandate outlined in
legislative provisions in the NDAA listed above.
Current law requires the Defense Health Agency to discontinue
military health care benefits to Military Health System beneficiaries
who become Medicare eligible without enrolling in Medicare Part B. In
order for the Defense Health Agency to meet the requirements of current
law, CMS agrees to disclose certain Medicare Part A and Part B
enrollment data on the Military Health System beneficiary population,
which will be used to determine the primary payer of healthcare claims
for Military Health System beneficiaries. Defense Manpower Data Center
will receive the results of the computer match performed by CMS and
provide that information to the Defense Health Agency for use in
coordinating the payment of healthcare claims.
DESCRIPTION OF RECORDS TO BE USED IN THE MATCHING PROGRAM:
DoD will use the system of records identified as Defense Manpower
Data Center 02 DoD, entitled Defense Enrollment Eligibility Reporting
System (DEERS), 77 Federal Register 69807 (November 21, 2012). Social
Security Numbers of DoD beneficiaries will be released to CMS pursuant
to the routine use set forth in the system notice, which provides that
data may be released to CMS for the purpose of identifying DoD eligible
beneficiaries both over and under 65 who are Medicare eligible.
Identification and Medicare status of Military Health System
eligible beneficiaries will be provided to the Defense Health Agency to
determine enrollment in Medicare Part B so that CMS and DoD are able to
identify the primary payer of healthcare claims. Therefore, eligibility
and enrollment information may also be maintained in the system of
records identified as Defense Health Agency 07, entitled Military
Health Information System
[[Page 14854]]
(MHIS), 71 Federal Register 16127 (March 30, 2006).
CMS will use data from Enrollment Database (EDB), System No. 09-70-
0502, 73 Federal Register 10249 (February 26, 2008) to perform them
matches against the DEERS data. Matched data will be released pursuant
to routine use No. 2 as set forth in the EDB system notice to Defense
Manpower Data Center and will be maintain in the DEERS.
INCLUSIVE DATES OF THE MATCH:
The matching program shall become effective no sooner than 40 days
after sending the report to the Office of Management and Budget, and 30
days after publication in the Federal Register and notice Congress, or
whichever is later. The matching program will continue for 18 months
from the effective date and may be renewed for an additional 12 month
period as long as the statutory language for the matching program
exists and other conditions are met.
[FR Doc. 2016-06125 Filed 3-17-16; 8:45 am]
BILLING CODE 4120-03-P