[Federal Register Volume 67, Number 73 (Tuesday, April 16, 2002)]
[Notices]
[Pages 18624-18625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9204]



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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-
05)

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 (CMP).

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, this notice proposes to establish a new CMP 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 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 March 29, 2002. 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 (DDLD), 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: Michael Collett, Health Insurance 
Specialist, Division of Provider/Supplier Enrollment, Program Integrity 
Group, Office of Financial Management, CMS, Mailstop N3-04-27, 7500 
Security Boulevard, Baltimore, Maryland 21244-1850. The telephone 
number is (410) 786-6121, or e-mail [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. 
Sec. 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 Boards' (DIB) 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 CMPs that this 
Agency participates in comply with the requirements of the Privacy Act 
of 1974, as amended.

    Dated: March 29, 2002.
Thomas A. Scully,
Administrator, Centers for Medicare & Medicaid Services.
Computer Match No. 2001-05

NAME:
    Computer Matching Agreement between the Centers for Medicare & 
Medicaid Services (CMS) (formerly the Health Care Financing 
Administration (HCFA)) and the Social Security Administration titled 
``Verification of Social Security Numbers (SSN)''.

SECURITY CLASSIFICATION:
    Level Three Privacy Act Sensitive.

PARTICIPATING AGENCIES:
    The Centers for Medicare & Medicaid Services; and Social Security 
Administration (SSA).

AUTHORITY FOR CONDUCTING MATCHING PROGRAM:
    This Computer Matching Agreement (CMA) is executed to implement the 
information provisions of sections 1631(e) and (f) of the Social 
Security Act (the Act) (42 U.S.C. 1383 (e) and (f)). Section 4313 of 
the Balanced Budget Act (BBA) of 1997 amended, sections 1124(a)(1) and 
1124A of the Act (42 U.S.C. sections 1320a-3(a)(1) and 1320a-3a) 
authorizes CMS to collect SSN following the publication of a Report to 
Congress as required in section 4313(d) of the Act. The Secretary of 
the Department of Health and Human Services (HHS) on January 26, 1999 
signed the Report to Congress on the confidentiality of SSN that are 
collected and verified by the SSA.

PURPOSE(S) OF THE MATCHING PROGRAM:
    The purpose of this CMA is to establish the conditions, safeguards, 
and procedures under which CMS will provide SSA with the information 
necessary to confirm the validity of identifying information submitted 
as part of the Medicare provider/supplier enrollment process. SSA will 
disclose information-matching SSNs provided by Medicare providers/
suppliers to CMS.

CATEGORIES OF RECORDS AND INDIVIDUALS COVERED BY THE MATCH:
    CMS will provide to the SSA, a real-time request or a batch file 
consisting of the name, SSN, and date of birth for all individual 
Medicare providers, owners, managing/directing employees, authorizing 
representatives, ambulance services Medical directors, ambulance crew 
members, technicians, chain organization administrators, Independent 
Diagnostic Testing Facilities (IDTF) supervising/directing physicians, 
and IDTF interpretation service providers that have been identified on 
one of the five applications in a series titled, ``Medicare Federal 
Health Care Provider/Supplier Enrollment Applications'' (HCFA Form 
855A, 855B, 855I, 855R, and 855S). SSA agrees to conduct a computer 
match of the data provided by CMS utilizing the processes defined in 
the State Online Query System (SOLQ) system and/or the State 
Verification and Exchange System (SVES) and the files accessed by the 
SOLQ and/or the SVES. SSA will confirm that the name, SSN, and date of 
birth combination assigned to the individual identified on the HCFA 
Form 855 series application.

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INCLUSIVE DATES OF THE MATCH:
    The matching program shall become effective no sooner than 40 days 
after the report of the CMA notice is sent to OMB and Congress, or 30 
days after publication in the Federal Register, which ever 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. 02-9204 Filed 4-15-02; 8:45 am]
BILLING CODE 4120-03-P