[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Notices]
[Pages 38259-38260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13803]
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SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA 2016-0066]
Privacy Act of 1974, as Amended; Computer Matching Program (SSA/
Centers for Medicare and Medicaid Services (CMS))--Match Number 1076
AGENCY: Social Security Administration (SSA).
ACTION: Notice of a renewal of an existing computer matching program
that will expire on April 19, 2016.
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SUMMARY: In accordance with the provisions of the Privacy Act, as
amended, this notice announces a renewal of an existing computer
matching program that we are currently conducting with CMS.
DATES: We will file a report of the subject matching program with the
Committee on Homeland Security and Governmental Affairs of the Senate;
the Committee on Oversight and Government Reform of the House of
Representatives; and the Office of Information and Regulatory Affairs,
Office of Management and Budget
[[Page 38260]]
(OMB). The matching program will be effective as indicated below.
ADDRESSES: Interested parties may comment on this notice by either
telefaxing to (410) 966-0869 or writing to the Executive Director,
Office of Privacy and Disclosure, Office of the General Counsel, Social
Security Administration, 617 Altmeyer Building, 6401 Security
Boulevard, Baltimore, MD 21235-6401. All comments received will be
available for public inspection at this address.
FOR FURTHER INFORMATION CONTACT: The Executive Director, Office of
Privacy and Disclosure, Office of the General Counsel, as shown above.
SUPPLEMENTARY INFORMATION:
A. General
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
conditions under which computer matching involving the Federal
government could be performed and adding certain protections for
persons 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 persons.
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 agency or agencies
participating in the matching programs;
(2) Obtain approval of the matching agreement by the Data Integrity
Boards of the participating Federal agencies;
(3) Publish notice of the computer matching program in the Federal
Register;
(4) Furnish detailed reports about matching programs to Congress
and OMB;
(5) Notify applicants and beneficiaries that their records are
subject to matching; and
(6) Verify match findings before reducing, suspending, terminating,
or denying a person's benefits or payments.
B. SSA Computer Matches Subject to the Privacy Act
We have taken action to ensure that all of our computer matching
programs comply with the requirements of the Privacy Act, as amended.
Glenn Sklar,
Acting Executive Director, Office of Privacy and Disclosure, Office of
the General Counsel.
Notice of Computer Matching Program, SSA With the Centers for Medicare
and Medicaid Services (CMS)
A. Participating Agencies
SSA and CMS.
B. Purpose of the Matching Program
The purpose of this matching program is to establish the terms,
conditions, and safeguards under which CMS will disclose to us certain
individuals' admission and discharge information for care received in a
nursing care facility. We will use this information to administer the
Supplemental Security Income (SSI) program efficiently and to identify
Special Veterans' Benefits (SVB) beneficiaries who are no longer
residing outside of the United States.
C. Authority for Conducting the Matching Program
The legal authority for this agreement is the Privacy Act (5 U.S.C.
552a), as amended by the Computer Matching and Privacy Protection Act
of 1988 (Pub. L. 100-503) and the regulations promulgated thereunder.
Legal authority for the SSI portion of the matching program is
contained in sections 1611(e)(1) and 1631(f) of the Social Security Act
(42 U.S.C. 1382(e)(1) and 1383(f)), and 20 CFR 416.211. Section
1611(e)(1)(B) of the Act (42 U.S.C. 1382(e)(1)(B)) limits the amounts
of SSI benefits that eligible individuals or their eligible spouse may
receive when that individual is, throughout any month, in a medical
treatment facility receiving payments (with respect to such individual
or spouse), under a State plan approved under Title XIX of the Act, or
the amount of benefits an eligible child under 18 may receive who is
receiving payments under any health insurance policy issued by a
private provider.
The legal authorities for the SVB portion of the matching program
are contained in sections 801 and 806(a) and (b) of the Act. (42 U.S.C.
1001 and 1006(a) and (b)).
The legal authority for CMS' disclosures under this CMA to our data
request is section 1631(f) of the Act (42 U.S.C. 1383(f)), which
requires Federal agencies to provide us with such information as
necessary to establish eligibility for SSI payments, or the amount of
benefits owed, and 45 CFR 164.512(a) Standard: Uses and disclosures
required by law (Health Insurance Affordability and Accountability Act
of 1996 (HIPPA) Privacy Rule).
The legal authority for the agencies to enter this interagency
transaction is the Economy Act, 31 U.S.C. 1535.
D. Categories of Records and Persons Covered by the Matching Program
We will use this information to administer the SSI program
efficiently and to identify SVB beneficiaries who are no longer
residing outside of the United States. We will provide CMS with a
finder file on a monthly basis extracted from our Supplemental Security
Income Record and Special Veterans Benefits (SSR/SVB), SSA/ODSSIS 60-
0103, last published on December 19, 2007 (72 FR 69723).
CMS will match our finder file against the system of records that
applies to individuals on the Long Term Care-Minimum Data Set (LTC/-MDS
09-70-0528) and submit its response file to us no later than 21 days
after receipt of our finder file.
This matching program employs CMS systems that contain Protected
Health Information (PHI), as defined by 45 CFR 160.103, and disclosures
of PHI are permitted under 45 CFR 164.512(a).
E. Inclusive Dates of the Matching Program
The effective date of this matching program is June 6, 2016,
provided that the following notice periods have lapsed: 30 days after
publication of this notice in the Federal Register and 40 days after
notice of the matching program is sent to Congress and OMB. The
matching program will continue for 18 months from the effective date
and, if both agencies meet certain conditions, it may extend for an
additional 12 months thereafter.
[FR Doc. 2016-13803 Filed 6-10-16; 8:45 am]
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