[Federal Register Volume 78, Number 135 (Monday, July 15, 2013)]
[Pages 42080-42081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16845]



Centers for Medicare & Medicaid Services

Privacy Act of 1974; CMS Computer Match No. 2013-07; HHS Computer 
Match No. 1303; DoD-DMDC Match No. 18

AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of 
Health and Human Services (HHS).

ACTION: Notice of Computer Matching Program (CMP).


SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, this notice announces the establishment of a CMP that 
CMS plans to conduct with the Department of Defense (DoD), Defense 
Manpower Data Center (DMDC). We have provided background information 
about the proposed matching program in the ``Supplementary 
Information'' section below. Although the Privacy Act requires only 
that CMS provide an opportunity for interested persons to comment on 
the proposed matching program, CMS invites comments on all portions of 
this notice. See ``Effective Dates'' section below for comment period.

DATES: Effective Dates: Public comments are due 30 days after 
publication. The matching program shall become effective no sooner than 
40 days after the report of the Matching Program is sent to OMB and 
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 Privacy Policy, Privacy Policy and Compliance Group, Office 
of E-Health Standards & Services, Offices of Enterprise Management, 
CMS, Room S2-24-25, 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.

Verifications Policy & Operations Branch, Division of Eligibility and 
Enrollment Policy and Operations, Center for Consumer Information and 
Insurance Oversight, CMS, 7501 Wisconsin Avenue, Bethesda, MD 20814, 
Office Phone: (301) 492-4416, Facsimile: (443) 380-5531, Email: 
[email protected].


I. Description of the Matching Program

A. General

    The Computer Matching and Privacy Protection Act of 1988 (Public 
Law (Pub. L.) 101-503), 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 
    3. Furnish detailed reports about matching programs to Congress and 
    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.

B. CMS Computer Matches Subject to the Privacy Act

    CMS has taken action to ensure that all CMPs that this Agency 
participates in comply with the requirements of the Privacy Act of 
1974, as amended.

    Dated: July 6, 2013.
Michelle Snyder,
Chief Operating Officer, Centers for Medicare & Medicaid Services.
CMS Computer Match No. 2013-07
HHS Computer Match No. 1303
DoD-DMDC Match No. 18

    ``Computer Matching Agreement between the Department of Health and 
Human Services, Centers for Medicare & Medicaid Services and the 
Department of Defense, Defense Manpower Data Center for the 
Determination of Eligibility for the Advance Premium Tax Credit and 
Cost Sharing Reductions under the Affordable Care Act.''


    Department of Health and Human Services (HHS), Centers for Medicare 
& Medicaid Services (CMS), and Department of Defense (DoD), Defense 
Manpower Data Center (DMDC).

    This Computer Matching Program (CMP) is executed to comply with the 
provisions of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, the 
Office of Management and Budget (OMB) Circular A-130 entitled, 
``Management of Federal Information Resources,'' at 61 FR 6428-6435 
(February 20, 1996), and OMB guidelines pertaining to computer

[[Page 42081]]

matching at 54 FR 25818 (June 19, 1989) and 56 FR 18599 (April 23, 
1991); and the computer matching portions of Appendix I to OMB Circular 
No. A-130 as amended at 61 Fed. Reg. 6428 (February 20, 1996).

    This Computer Matching Agreement (CMA) establishes the terms, 
conditions, safeguards, and procedures under which DoD will provide 
records, information, or data to CMS for purposes of determining 
eligibility for advance payment of premium tax credits and cost sharing 
reductions under 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).
    Under this CMA, DoD will assist CMS by providing certain DoD data 
which is needed to make Eligibility Determinations. Data will be 
matched for the purpose of assisting CMS or a State-based Exchange to 
determine eligibility for the following benefits: (1) An advance 
premium tax credit under 26 U.S.C. 36B and (2) a cost sharing reduction 
under Section 1402 of the ACA. Specifically, CMS will use DoD data to 
verify an Applicant or Enrollee's eligibility for TRICARE health care 
as required under Sec.  1411(c) of the ACA, which constitutes minimum 
essential coverage as defined in section 5000A(f) of the Internal 
Revenue Code of 1986, 26 U.S.C. 5000A, as amended by Sec.  1501 of the 
ACA. This data will be used by CMS in its capacity as a Federally-
facilitated Exchange, and by State-based Exchanges that will receive 
the results of verifications using DoD data accessed through the CMS 
Data Services Hub.

Records Maintained by CMS
    The matching program will be conducted with data maintained by CMS 
in the ``Health Insurance Exchanges (HIX) Program,'' System No. 09-70-
0560, established at 78 FR 8538 on February 6, 2013, and amended at 78 
FR 32256 on May 29, 2013.
    The matching program will also be conducted with data maintained by 
DoD in the Defense Enrollment Eligibility Reporting System (DEERS), 
System No. DMDC 02 DoD, published November 21, 2012, 77 FR 69807, 
located at the EDS Service Management Center in Auburn Hills, MI.

    The CMP shall become effective no sooner than 40 days after the 
report of the Matching Program is sent to OMB and Congress, or 30 days 
after 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. 2013-16845 Filed 7-12-13; 8:45 am]