[Federal Register Volume 66, Number 204 (Monday, October 22, 2001)]
[Notices]
[Pages 53428-53429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26491]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services


Privacy Act of 1974; Computer Matching Program (Match No. 2001-
01)

AGENCY: Department of Health and Human Services (HHS), Centers for 
Medicare & Medicaid Services (CMS) (formerly the Health Care Financing 
Administration).

ACTION: Notice of Computer Matching Program.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, this notice announces the establishment of a computer 
matching program that CMS plans to conduct with the Social Security 
Administration (SSA). 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.

EFFECTIVE DATES: CMS filed a report of the Computer Matching Program 
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 October 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 defer implementation.

ADDRESSES: The public should address comments to: Director, Division of 
Data Liaison and Distribution), Enterprise Databases Group, Office of 
Information Services, CMS, Mailstop N2-04-27, 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 a.m.-3 p.m., eastern daylight time.

FOR FURTHER INFORMATION CONTACT: Robin Dalton, Health Insurance 
Specialist, Division of Data Liaison and Distribution, Enterprise 
Databases Group, Office of Information Services, CMS, Mailstop N2-04-
27, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. The 
telephone number is (410) 786-0184, or facsimile (410) 786-5636.

SUPPLEMENTARY INFORMATION:

I. Description of the Matching Program

A. General

    The Computer Matching and Privacy Protection Act 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 adding 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 computer matching 
programs to:
    1. Negotiate written agreements with the other agencies 
participating in the matching programs;
    2. Obtain the Data Integrity Board's approval of the match 
agreements;
    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. CMS Computer Matches Subject to the Privacy Act

    CMS 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.

Thomas A. Scully,
Administrator.
Computer Match No. 2001-01

Name:
    Medicare Beneficiary Identification and Non-utilization Information 
on Social Security Recipients.

Security Classification:
    Level Three Privacy Act Sensitive.

Participating Agencies:
    The Centers for Medicare & Medicaid Services (CMS); and the Social 
Security Administration (SSA).

Authority for Conducting Matching Program:
    This 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 implements the information matching provisions of 
sections 202 and 205 of the Social Security Act (Title 42 U.S.C. 402 
and 405 (c)).

Purpose(s) of the Matching Program:
    The purpose of this agreement is to establish the conditions, 
safeguards, and

[[Page 53429]]

procedures under which CMS will periodically disclose the identity of 
Medicare enrollees whose records have been inactive for a specific 
period of time (not to be less than 1 year). SSA will use the selected 
data as an indicator of cases that should be reviewed in order to 
determine continued eligibility to SSA-administered programs. Cases may 
be selected for review directly from the match of non-utilization of 
Medicare or may be used as a factor in a system to prioritize reviews. 
SSA's Office of Inspector General (OIG) will investigate individual 
cases alleging fraud, waste, and/or abuse referred to the OIG.

Categories of Records and Individuals Covered by the Match:
    SSA will furnish CMS with an electronic file containing Title II 
Claim Account Number and Title II Beneficiary Identification Code and 
any other information needed to accurately match the records. CMS will 
match the SSA file against its ``Enrollment Database'' system of 
records (formerly known as the Health Insurance Master Record), system 
No. 09-70-0502, and will disclose information on non-utilization of 
Medicare benefits by SSA recipients.

Inclusive Dates of the Match:
    The Computer 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. 01-26491 Filed 10-19-01; 8:45 am]
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