[Federal Register Volume 67, Number 73 (Tuesday, April 16, 2002)]
[Notices]
[Pages 18625-18626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9205]


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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-
07)

AGENCY: Department of Health and Human Services (HHS), Centers for 
Medicare & Medicaid Services (CMS).

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 the establishment of a CMP that 
CMS plans to conduct with the Health Administration Center (HAP) of the 
Department of Veteran Affairs. 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 28, 2002. To ensure that all parties have adequate time 
in which to comment, the modified or altered system of records, 
including routine uses, will become effective 40 days from the 
publication of the notice, or from the date it was submitted to OMB and 
the congress, whichever is later, unless CMS receives comments that 
require alterations to this notice.

ADDRESSES: The public should address comments to: Director, Division of 
Data Liaison and Distribution (DDLD), Office of Information Services 
(OIS), CMS, Mail-stop 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 standard time.

FOR FURTHER INFORMATION CONTACT: Maribel Franey, Health Insurance 
Specialist, DDLD, OIS, CMS, Mail-stop N2-04-27, 7500 Security 
Boulevard, Baltimore, Maryland 21244-1850. The telephone number is 410-
786-0757.

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 (SOR) 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 approval of the match 
agreements;
    1. Furnish detailed reports about matching programs to Congress and 
OMB;
    2. Notify applicants and beneficiaries that the records are subject 
to matching; and,
    3. 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 CMPs that this Agency 
participates in comply with the requirements of the Privacy Act of 
1974, as amended.

    Dated: March 28, 2002.
Thomas A. Scully,
Administrator, Centers for Medicare & Medicaid Services.
Computer Match No. 2001-07

NAME:
    Computer Matching Agreement between the Centers for Medicare & 
Medicaid Services (CMS) and the Health Administration Center (HAC) of 
the Department of Veterans Affairs for Verification of CHAMPVA 
Eligibility.

SECURITY CLASSIFICATION:
    Level Three Privacy Act Sensitive.

PARTICIPATING AGENCIES:
    The Centers for Medicare & Medicaid Services, and Health 
Administration Center (HAC) of the Department of Veterans Affairs.

AUTHORITY FOR CONDUCTING MATCHING PROGRAM:
    This Computer Matching Program (CMP) is executed to comply with the 
Provisions of Public Laws (Pub. L.) 93-82, 94-581, 102-190, and 107-14 
(codified at Title 38 United States Code (U.S.C.) Sec. 1713) restrict 
CHAMPVA eligibility for benefits dependent upon a beneficiary's 
Medicare (Part A) and (Part B) status. This computer match will match 
CHAMPVA applicants and beneficiaries with Medicare Part A and B 
beneficiaries.

PURPOSE(S) OF THE MATCHING PROGRAM:
    The purpose of this computer matching agreement is to establish the 
conditions, safeguards and procedures under which the CMS and HAC will 
conduct a computer-matching program to determine entitlement to CHAMPVA 
benefits. Under the terms of this matching agreement, HAC will provide 
to CMS a list of social security numbers (SSN) for all CHAMPVA eligible 
beneficiaries who may also be eligible for Medicare benefits. This 
information is maintained in HAC's SOR (SOR) entitled ``Health 
Administration Center Civilian Health and Medical Program Records-VA.'' 
CMS agrees to conduct a computer match of the SSNs of beneficiaries 
provided by HAC against the information found in CMS's Health Insurance 
Master Record (HIMR) SOR, HAC will receive the results of the computer 
match in order to determine a beneficiary's eligibility for care under 
CHAMPVA.

CATEGORIES OF RECORDS AND INDIVIDUALS COVERED BY THE MATCH:
    Upon establishment of the CHAMPVA program under Pub.L. 93-82, 
CHAMPVA entitlement will be

[[Page 18626]]

terminated when any individual becomes eligible for Medicare Part A 
(Hospital Insurance) on a non-premium basis. Pub. L. 94-581 provided 
for reinstatement of CHAMPVA as second payer for beneficiaries aged 65 
and over whom exhausted a period of Medicare Part A (Hospital 
Insurance). These beneficiaries must also be enrolled in Medicare Part 
B (Medical Insurance) in order to retain their CHAMPVA entitlement. 
Pub. L. 102-190 extended CHAMPVA benefit to age 65 for any beneficiary 
eligible for Medicare Part A on the basis of disability/end stage renal 
disease (ESRD) only if that individual is also enrolled in Medicare 
Part B. Pub. L. 107-14 provided for extending benefit coverage for 
beneficiaries over the age of 65 years if the beneficiary is in receipt 
of Medicare Part A and Medicare Part B.

DESCRIPTION OF RECORDS TO BE USED IN THE MATCHING PROGRAM:
Systems of Records:
    Records Maintained by HAC.
    The information used in this matching program are maintained in the 
HAC system identified as 54VA17, entitled ``Health Administration 
Center Civilian Health and Medical Program Records-VA,'' last published 
at 65 FR 81572 (Dec. 26, 2000). SSNs of CHAMPVA beneficiaries will be 
released to CMS pursuant to the routine use number 23 as set forth in 
the system notice.

Records Maintained by CMS:
    The matching program will be conducted with data maintained by CMS 
in the HIMR, System No. 09-70-0502, published at 55 FR 47394 (November 
13, 1990) (for future references, the HIMR is being amended and will 
soon be re-named the Enrollment Database). Matched data will be 
released to HAC pursuant to the routine use number 11 as set forth in 
the system notice.

INCLUSIVE DATES OF THE MATCH:
    The CMP 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, 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. 02-9205 Filed 4-15-02; 8:45 am]
BILLING CODE 4120-03-P