[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