[Federal Register Volume 59, Number 154 (Thursday, August 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19576]


[[Page Unknown]]

[Federal Register: August 11, 1994]


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RAILROAD RETIREMENT BOARD

 

Privacy Act of 1974; Proposed Changes to Systems of Records

AGENCY: Railroad Retirement Board.

ACTION: Notice of proposed change to systems of records.

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SUMMARY: The purpose of this document is to give notice of a proposed 
routine use in one system of records and a modification of an existing 
routine use in another.

DATES: The systems of records for which a new routine use is proposed 
or revised shall be amended as proposed without further notice 30 
calendar days from the date of this publication.

ADDRESS: Send comments to Beatrice Ezerski, Secretary to the Board, 
Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 
60611-2092.

FOR FURTHER INFORMATION CONTACT:
LeRoy Blommaert, Privacy Act/FOIA Officer, Railroad Retirement Board, 
844 North Rush Street, Chicago, Illinois 60611-2092, (312) 751-4548.

SUPPLEMENTARY INFORMATION: The modification of an existing routine use 
(``n'' in RRB-20) would authorize the RRB to disclose to an insurance 
company administering a health and welfare plan for railroad workers 
information regarding Medicare eligibility. The Omnibus Budget 
Reconciliation Act of 1993 made substantial changes to the Medicare 
Secondary Payer (MSP) provisions. One change made Medicare the primary 
payer of benefits for disabled Medicare beneficiaries who do not have a 
current employment status with an employer. Previously, the private 
employer plan was the primary payer. Employers are required to notify 
the Medicare contractor of the name, date of birth, sex, social 
security number, and health insurance claim number of each Medicare 
beneficiary covered under the private plan who does not have a current 
employment status so that the carrier's records are annotated to show 
Medicare is the primary payer. To comply with the law an employer needs 
to know whether disabled employees are eligible under Medicare. For 
railroad employees, the Railroad Retirement Board is the best source 
for this information. The existing routine use permits disclosure of 
Medicare status to an employer, but only for the purpose of determining 
entitlement to benefits under the private plan. The modification would 
authorize the RRB to furnish Medicare status to the insurance company 
acting as agent of the employer for the purpose of enabling the 
employer to comply with the new provisions of the law.

    The Railroad Retirement Board has determined that this proposed 
routine use meets the compatibility requirement because it is a 
necessary and proper use.
    The proposed routine use (``ee'' for RRB-21) would authorize the 
RRB to disclose to an insurance company administering a medical 
insurance program for railroad workers non-medical information relating 
to determinations of sickness benefits by the RRB for purposes of 
determining entitlement to payment or reimbursement of medical expenses 
under the program. Presently, under certain circumstances, the 
insurance company cannot determine from the medical bills submitted for 
reimbursement or current data available to it whether a railroad worker 
remains disabled. In these cases, the insurance company requires the 
employee to furnish proof of disability. This usually requires the 
employee to have a form completed by the treating physician, which 
causes a delay in reimbursement and often additional cost to the 
employee. When the plan calls for direct payment by the insurance 
company, the inability of the insurance company or its agent to 
determine entitlement in such cases results in a delay and an 
inconvenience to the railroad worker. Disclosure of the information as 
proposed in this routine use would eliminate these problems for the 
affected railroad workers.
    The Railroad Retirement Board has determined that this proposed 
routine use meets the compatibility requirement because it is a 
necessary and proper use.

    By authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
RRB-20
    Health Insurance and Supplementary Medical Insurance Enrollment and 
Premium Payment System (Medicare)--RRB
* * * * *
* * * * *
    Routine use ``n'' is revised to read as follows:
* * * * *
    Pursuant to a request from an employer covered under the Railroad 
Retirement Act or the Railroad Unemployment Insurance Act or from an 
insurance company acting as an agent of an employer, information 
regarding the RRB's determination of Medicare entitlement, entitlement 
data, and present address may be released to the requesting employer or 
insurance company acting as its agent for the purposes of either 
determining entitlement to and rates of supplemental benefits under 
private employer welfare benefit plans or complying with requirements 
of law covering the Medicare program.
* * * * *
RRB-21
    Railroad Unemployment and Sickness Insurance Benefit System--RRB
* * * * *
* * * * *
    A new paragraph ``ee'' is added to read as follows:
    ee. Non-medical information relating to the determination of 
sickness benefits may be disclosed to an insurance company 
administering a medical insurance program for railroad workers for 
purposes of determining entitlement to benefits under that program.

[FR Doc. 94-19576 Filed 8-10-94; 8:45 am]
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