[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 7905-01