[Federal Register Volume 66, Number 99 (Tuesday, May 22, 2001)]
[Notices]
[Pages 28188-28189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12763]



[[Page 28188]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Care Financing Administration


Privacy Act of 1974; Computer Matching Program (Match Number 
2001-04)

AGENCY: Department of Health and Human Services (HHS), Health Care 
Financing Administration (HCFA).

ACTION: Notice of Computer Matching Program (CMP).

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

EFFECTIVE DATES: HCFA filed a report of the CMP with the Chair of the 
House Committee on Government Reform and Oversight, the Chair of the 
Senate Committee on Governmental Affairs, and the Administrator, Office 
of Information and Regulatory Affairs, Office of Management and Budget 
(OMB) on May 16, 2001. We will not disclose any information under a 
matching agreement until 40 days after filing a report to OMB and 
Congress or 30 days after publication. We may defer implementation of 
this matching program if we receive comments that persuade us to do so.

ADDRESS: The public should address comments to: Director, Division of 
Data Liaison and Distribution (DDLD), HCFA, Mailstop N2-04-27, 7500 
Security Boulevard, Baltimore, Maryland 21244-1850. Comments received 
will be available for review at this location, by appointment, during 
hours specified, Monday through Friday from 9 a.m.-3 p.m., Eastern Time 
zone.

FOR FURTHER INFORMATION CONTACT: Maribel Franey, Health Insurance 
Specialist, Division of Data Liaison and Distribution, Enterprise 
Database Group, Office of Information Services, HCFA, Mailstop N2-04-
27, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. The 
telephone number is (410) 786-0757 or facsimile (410) 786-5636. The e-
mail address is [email protected].

SUPPLEMENTARY INFORMATION:

I. Description of the Matching Program

A. General

    The Computer Matching and Privacy Protection Act (CMPPA) of 1988 
(Public Law (Pub. L.) 100-503), amended the Privacy Act (5 U.S.C. 552a) 
by describing the manner in which computer matching involving Federal 
agencies could be performed and added certain protections for 
individuals applying for and receiving Federal benefits. Section 7201 
of the Omnibus Budget Reconciliation Act of 1990 (Pub. L. 100-508) 
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 CMPs:
    1. Negotiate written agreements with the other agencies 
participating in matching programs;
    2. Obtain the Data Integrity Board's (DIB) approval of the match 
agreement;
    3. Furnish detailed reports about matching programs to Congress and 
OMB;
    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. HCFA Computer Matches Subject to the Privacy Act

    HCFA has taken action to ensure that all of the computer match 
programs that this agency participates in comply with the requirements 
of the Privacy Act of 1974, as amended.

Michael McMullan,
Acting Deputy Administrator, Health Care Financing Administration.
Computer Match No. 2001-04

NAME:
    Verification of TRICARE Eligibility.

Security Classification:
    Level Three Privacy Act Sensitive.

Participating Agencies:
    The Health Care Financing Administration (HCFA); and the Department 
of Defense (DOD).

Authority for Conducting Matching Program:
    The Computer Matching Agreement is executed to comply with the 
Privacy Act of 1974 (5 U.S.C. 552a), as amended, the Office of 
Management and Budget (OMB) Circular A-130, titled ``Management of 
Federal Information Resources'' (61 FR 6435, February 20, 1996), and 
OMB guidelines pertaining to computer matching (54 FR 25818, June 19, 
1989).
    This agreement provides for information matching necessary to 
implement the information provisions of the National Defense 
Authorization Act (NDAA) 2001 (Pub. L. 106-398) sections 711 and 712; 
the NDAA for fiscal year (FY) 1993 (Pub. L. 102-484) section 705, and 
the NDAA for FY 1992 (Pub. L. 102-190) sections 704 and 713.

Purpose(s) of the Matching Program:
    The purpose of this agreement is to establish the conditions, 
safeguards, and procedures under which the Health Care Financing 
Administration (HCFA) will disclose Medicare enrollment information to 
the Department of Defense (DOD), Defense Manpower Data Center (DMDC), 
Defense Enrollment and Eligibility Reporting System Office (DEERS), and 
the Office of the Assistant Secretary of Defense (Health Affairs)/
TRICARE Management Activity (TMA). This disclosure will provide TMA 
with the information necessary to determine if an individual is 
eligible to receive extended TRICARE coverage.
    Current law requires TMA to provide health care and medical 
benefits to Medicare--Part A eligible beneficiaries who are enrolled in 
the medical insurance program under Part B of the Medicare program. In 
order for TMA to meet these requirements, HCFA agrees to disclose Part 
A entitlement and Part B enrollment data on this dual-eligible 
population, which will be used to determine a beneficiary's eligibility 
for care under TRICARE. DEERS will receive the results of the computer 
match and provide the information to TMA for use in its program.

Categories of Records and Individuals Covered by the Match:
    DEERS will furnish HCFA with an electronic file on a monthly basis 
extracted from DEERS system of records identified as S322.50, entitled 
``Defense Eligibility Records (DER),'' containing social security 
numbers (SSNs) and date of birth for all DOD-eligible beneficiaries who 
may also be eligible for Medicare benefits. HCFA will match the DEERS 
file against its ``Enrollment Database (EDB)'' system of records 
(formerly known as the Health Insurance Master Record), System No. 09-
70-0502, and will validate the identification of the beneficiary by 
providing the Health Insurance Claim

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Number (HICN) that matches against the SSN and date of birth provided 
by DEERS. The HICN uniquely identifies a Medicare eligible individual. 
Since Medicare remains the primary payer for many retiree health 
services, TRICARE will need this information to determine when Medicare 
has already paid for retiree benefits, so that TRICARE only pays when 
appropriate. HCFA will also provide the Medicare Part A entitlement and 
Part B enrollment status of the beneficiary. HCFA's data will help TMA 
to determine a beneficiary's eligibility for care under TRICARE. DEERS 
will receive the results of the computer match and provide the 
information provided in the reply file to TMA for use in its program.

Inclusive Dates of the Match:
    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. 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. 01-12763 Filed 5-21-01; 8:45 am]
BILLING CODE 4120-03-P