[Federal Register Volume 67, Number 96 (Friday, May 17, 2002)]
[Notices]
[Pages 35179-35182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12364]


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SOCIAL SECURITY ADMINISTRATION


Privacy Act of 1974; as Amended; New System of Records and New 
Routine Use Disclosures

AGENCY: Social Security Administration.

ACTION: New system of records and proposed routine uses.

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SUMMARY: In accordance with the Privacy Act (5 U.S.C. 552a(e)(4) and 
(e)(11)), we are issuing public notice of our intent to establish a new 
system of records, the Medicare Savings Programs Information System, 
60-0310 and routine uses applicable to this system.
    The Consolidated Appropriations Act, 2001, Appendix F, section 911 
amended the Social Security Act by adding section 1144. Section 1144 of 
the Social Security Act requires the Commissioner of Social Security to 
conduct outreach efforts to identify individuals entitled to benefits 
under the Medicare program under title XVIII who may be eligible for 
medical assistance for payment of the cost of Medicare cost-sharing 
under the Medicaid program.

DATES: We filed a report of the proposed new system of records and 
routine uses with the Chairman of the Senate Committee on Governmental 
Affairs, the Chairman of the House Reform Committee, and the Director, 
Office of Information and Regulatory Affairs, Office of Management and 
Budget (OMB) on May 10, 2002. The proposed system will become effective 
on June 19, 2002, unless we receive comments that would result in a 
contrary determination.

ADDRESSES: Interested individuals may comment on this publication by 
writing to the SSA Privacy Officer, Social Security Administration, 3-
A-6 Operations Building, 6401 Security Boulevard, Baltimore, Maryland 
21235-6401. All comments received will be available for public 
inspection at the above address.

FOR FURTHER INFORMATION CONTACT: Ms. Pamela McLaughlin, Social 
Insurance Specialist, Social Security Administration, Room 3-C-2 
Operations Building, 6401 Security Boulevard, Baltimore, Maryland 
21235-6401, telephone (410) 965-3677, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Purpose of the Proposed New System of Records, the 
Medicare Savings Programs Information System

A. General Background

    On December 21, 2000, the President signed into law the Medicare, 
Medicaid, and State Children's Health Insurance Program (SCHIP) 
Benefits Improvement and Protection Act of 2000, as Appendix F of 
Public Law 106-554, the Consolidated Appropriations Act, 2001. Section 
911 of Appendix F amended title XI of the Social Security Act by adding 
section 1144, which requires the Commissioner of Social Security to 
conduct outreach efforts to identify individuals entitled to benefits 
under the Medicare program under title XVIII who may be eligible for 
medical assistance for payment of the cost of Medicare cost-sharing 
under the Medicaid program.
    In conducting the outreach efforts, the Agency shall furnish the 
agency of each State responsible for the administration of the Medicaid 
program and any other appropriate State agency with information 
consisting of the name and address of individuals residing in the State 
that the Agency determines may be eligible for medical assistance for 
payment of the cost of Medicare cost-sharing under the Medicaid 
program. Additionally, information may be disclosed to the General 
Accounting Office for its evaluation of the effort as required by the 
statute.

[[Page 35180]]

B. Collection and Maintenance of Data for the Proposed New System of 
Records, the Medicare Savings Programs Information System

    The proposed system will maintain relevant information about Social 
Security beneficiaries who either meet, or are about to meet, the 
requirements for Medicare (i.e., attained age 65; disabled Social 
Security beneficiaries who have received 24 months of Social Security 
benefits); and for beneficiaries who have a disabling impairment(s) who 
lost entitlement to free Medicare Part A because of work; and certain 
individuals who suffer from end-stage renal disease. Information will 
be collected from existing SSA systems of records (e.g., Master 
Beneficiary Record, 60-0090 and the Supplemental Security Income Record 
and Special Veterans Benefits, 60-0103 and other sources available to 
SSA, such as, the Veterans Administration and the Office of Personnel 
Management benefits files) and may be stored in paper form or magnetic 
media (e.g., discs). The data will be indexed and retrieved by SSN.

II. Proposed Routine Use Disclosures of Data Maintained in the Proposed 
New System of Records, the Medicare Savings Programs Information System

A. Proposed Routine Use Disclosures

    We are proposing to establish routine uses of information that will 
be maintained in the proposed new system as discussed below.
1. To the Office of the President for the purpose of responding to an 
individual pursuant to an inquiry received from that individual or from 
a third party on his or her behalf.
    We will disclose information under this routine use only in 
situations in which an individual may contact the Office of the 
President, seeking that office's assistance in a SSA matter on his or 
her behalf. Information would be disclosed when the Office of the 
President makes an inquiry and presents evidence that the office is 
acting on behalf of the individual whose record is requested.
2. To a congressional office in response to an inquiry from that office 
made at the request of the subject of a record.
    We will disclose information under this routine use only in 
situations in which an individual may ask his or her congressional 
representative to intercede in an SSA matter on his or her behalf. 
Information would be disclosed when the congressional representative 
makes an inquiry and presents evidence that he or she is acting on 
behalf of the individual whose record is requested.
3. To third parties in situations where the party to be contacted has, 
or is expected to have, information relating to an individual's 
eligibility for, or entitlement to, benefits under a Social Security 
Act program when the data are needed to establish the validity of 
evidence or to verify the accuracy of information presented by the 
individual, and it concerns one or more of the following:
    (a) His or her eligibility for benefits under a Social Security Act 
program;
    (b) The amount of his or her benefit payment;
    (c) Any case in which the evidence is being reviewed as a result of 
suspected fraud, concern for program integrity, quality appraisal, or 
evaluation and measurement activities.
    We will disclose information under this routine use only as 
necessary to enable SSA to obtain information that will assist State or 
local governments (or their agents) in determining individuals' 
eligibility for medical assistance for payment of the cost of Medicare 
cost-sharing under the Medicaid programs.
4. To State and local agencies (or agents on their behalf), for the 
purpose of assisting SSA in the efficient administration of its 
programs
    We will disclose information under this routine use to State or 
local agencies to assist such agencies in administration of the 
Medicare Savings Programs. The purpose of this disclosure is to assist 
the agencies in establishing individuals' eligibility for such 
programs, to provide information necessary to enforce eligibility 
restrictions in such programs, and to combat and prevent fraud, waste 
and abuse in those programs.
5. To the Department of Justice (DOJ), a court, or other tribunal, or 
other party before such tribunal, when:
    (a) SSA, or any component thereof; or
    (b) Any SSA employee in his/her official capacity; or
    (c) Any SSA employee in his/her individual capacity where DOJ (or 
SSA where it is authorized to do so) has agreed to represent the 
employee; or
    (d) The United States or any agency thereof where SSA determines 
that the litigation is likely to affect the operations of SSA or any of 
its components is party to litigation or has an interest in such 
litigation, and SSA determines that the use of such records by DOJ, a 
court, or other tribunal is relevant and necessary to the litigation, 
provided, however, that in each case, SSA determines that such 
disclosure is compatible with the purpose for which the records were 
collected.
    Wage and other information which are subject to the disclosure 
provisions of the Internal Revenue Code (IRC) (26 U.S.C. 6103) will not 
be disclosed under this routine use unless disclosure is expressly 
permitted by the IRC.
    We will disclose information under this routine use only as 
necessary to enable DOJ, a court, or other tribunal, to effectively 
defend SSA disability beneficiaries and recipients.
6. To student volunteers and other workers, who technically do not have 
the status of Federal employees, when they are performing work for SSA 
as authorized by law, and they need access to personally identifiable 
information in SSA records in order to perform their assigned Agency 
functions.
    Under certain Federal statutes, SSA is authorized to use the 
service of volunteers and participants in certain educational, 
training, employment and community service programs. Examples of such 
statutes and programs are: 5 U.S.C. 311 regarding student volunteers; 
and 42 U.S.C. 2753 regarding the College Work-Study Program. We 
contemplate disclosing information under this routine use only when SSA 
uses the services of these individuals and they need access to 
information in this system to perform their assigned duties.
7. Non-tax return information which is not restricted from disclosure 
by federal law may be disclosed to the General Services Administration 
(GSA) and the National Archives and Records Administration (NARA) under 
44 U.S.C. 2904 and 2906, as amended by NARA Act of 1984, for the use of 
those agencies in conducting records management studies.
    The Administrator of GSA and the Archivist of NARA are charged by 
44 U.S.C. 2904, as amended, with promulgating standards, procedures and 
guidelines regarding record management and conducting records 
management studies. 44 U.S.C. 2906, as amended, provides that GSA and 
NARA are to have access to federal agencies' records and that agencies 
are to cooperate with GSA and NARA. In carrying out these 
responsibilities, it may be necessary for GSA and NARA to have access 
to information in this proposed system of records. In such instances, 
the routine use will facilitate disclosure.

[[Page 35181]]

B. Compatibility of Proposed Routine Uses

    The Privacy Act (5 U.S.C. 552a(b)(3)) and our disclosure 
regulations (20 CFR part 401) permit us to disclose information under a 
published routine use for a purpose, which is compatible with the 
purpose for which we collected the information. Section 401.150(c) of 
the regulations permits us to disclose information under a routine use 
where necessary to carry out SSA programs. Section 401.120 of the 
regulations provides that we will disclose information when a law 
specifically requires the disclosure. The proposed routine uses, 
numbered 1-6 above, will ensure efficient administration of the 
Medicare Savings Programs; the disclosure that would be made under 
routine use number 7 is required by Federal law. Thus, all of the 
routine uses are appropriate and meet the relevant statutory and 
regulatory criteria.

III. Records Storage Medium and Safeguards for the Proposed New System, 
the Medicare Savings Programs Information System

    We will maintain information in the proposed system of records in 
electronic and paper form. Only authorized SSA personnel and contractor 
personnel who have a need for the information in the performance of 
their official duties will be permitted access to the information. 
Security measures include the use of access codes to enter the computer 
systems that will maintain the data, and storage of the computerized 
records in secured areas that are accessible only to employees who 
require the information in performing their official duties. Any 
manually maintained records will be kept in locked cabinets or in 
otherwise secure areas. Contractor personnel having access to data in 
the proposed system of records will be required to adhere to SSA rules 
concerning safeguards, access and use of the data.
    SSA and contractor personnel having access to the data on this 
system will be informed of the criminal penalties of the Privacy Act 
for unauthorized access to or disclosure of information maintained in 
this system. See 5 U.S.C. 552a(i)(1).

IV. Effect of the Proposed System of Records, the Medicare Savings 
Programs Information System on the Rights of Individuals

    The proposed system will maintain information to determine a 
beneficiary's potential eligibility for Medicare Part B buy-in or for 
subsidized purchase of Medicare Part A. Information kept in the system 
will be used to increase Medicare buy-in applications and enrollments, 
and may be used by the General Accounting Office (GAO) for its 
evaluation of the effort as required by the statute. Therefore, we do 
not anticipate that the proposed system of records will have an 
unwarranted adverse effect on the rights of individuals.

    Dated: May 10, 2002.
Jo Anne B. Barnhart,
Commissioner.
60-0310

System name:
    Medicare Savings Programs Information System, Social Security 
Administration, Office of Program Benefits.

Security classification:
    None.

System location:
    Social Security Administration, Office of Systems Operations, 6401 
Security Boulevard, Baltimore, Maryland 21235.

Categories of individuals covered by the system:
    All Social Security beneficiaries who have attained age 65 or are 
about to attain age 65, disabled Social Security beneficiaries who have 
received 24 months of Social Security benefits, beneficiaries with a 
disabling impairment(s) who lost entitlement to free Medicare Part A 
because of work and certain individuals who suffer from end-stage renal 
disease.

Categories of records in the system:
    This system contains information about the beneficiary from records 
available to SSA. This information may include the individual's name, 
Social Security number (SSN), date of birth, address, marital status 
and income. Information will be obtained from other SSA systems of 
records (e.g., Master Beneficiary Record, 60-0090, Supplemental 
Security Income Record and Special Veterans Benefits, 60-0103 and from 
other databases available to SSA, such as the Veterans

Administration and Office of Personnel Management benefits files:
Authority for maintenance of the system:
    Section 1144 of the Social Security Act (42 U.S.C. 1320b-14) as 
added by Public Law 106-554, the Consolidated Appropriations Act, 2001.

Purpose(s):
    Information in this system will be used to determine a 
beneficiary's potential eligibility for Medicare Part B buy-in or for 
subsidized purchase of Medicare Part A. Information kept in the system 
will be used to increase Medicare buy-in applications and enrollments, 
and may be used by the General Accounting Office (GAO) for its 
evaluation of the effort as required by the statute.

Routine uses of records maintained in the system, including categories 
of users and the purpose of such uses:
    Disclosure may be made for routine uses as indicated below. 
However, disclosure of information constituting ``return or return 
information'' within the scope of the Internal Revenue Code (IRC) (26 
U.S.C. 6103) will not be disclosed unless disclosure is authorized by 
that statute.
    1. To the Office of the President for the purpose of responding to 
an individual pursuant to an inquiry received from that individual or 
from a third party on his or her behalf.
    2. To a congressional office in response to an inquiry from that 
office made at the request of the subject of a record.
    3. To third parties in situations where the party to be contacted 
has, or is expected to have, information relating to the individual's 
eligibility for, or entitlement to, benefits under a Social Security 
Act program when the data are needed to establish the validity of 
evidence or to verify the accuracy of information presented by the 
individual, and it concerns one or more of the following:
    (a) His or her eligibility for benefits under a Social Security Act 
program;
    (b) The amount of his or her benefit payment;
    (c) Any case in which the evidence is being reviewed as a result of 
suspected fraud, concern for program integrity, quality appraisal, or 
evaluation and measurement activities.
    4. To State or local agencies (or agents on their behalf), for the 
purpose of assisting SSA in the efficient administration of its 
programs.
    5. To the Department of Justice (DOJ), a court, or other tribunal, 
or other third party before such tribunal when:
    (a) SSA, or any component thereof, or
    (b) Any SSA employee in his/her official capacity; or
    (c) Any SSA employee in his/her individual capacity where DOJ (or 
SSA where it is authorized to do so) has agreed to represent the 
employee; or
    (d) The United States or any agency thereof where SSA determines 
that the litigation is likely to affect the operations of SSA of any of 
its components is party to litigation or has an interest in such 
litigation, and SSA determines that the use of such records

[[Page 35182]]

by DOJ, the court or other tribunal is relevant and necessary to the 
litigation, provided, however, that in each case, SSA determines that 
such disclosure is compatible with the purpose for which the records 
were collected.
    Wage and other information which are subject to the disclosure 
provisions of the IRC (26 U.S.C. 6103) will not be disclosed under this 
routine use unless disclosure is expressly permitted by the IRC.
    6. To student volunteers and other workers, who technically do not 
have the status of Federal employees, when they are performing work for 
SSA as authorized by law, and they need access to personally 
identifiable information in SSA records in order to perform their 
assigned Agency functions.
    7. Non-tax return information which is not restricted from 
disclosure by Federal law may be disclosed to the General Services 
Administration (GSA) and the National Archives and Records 
Administration (NARA) under 44 U.S.C. 2904 and 2906, as amended by the 
NARA Act of 1984, for the use of those agencies in conducting records 
management studies.

Policies and practices for storing, retrieving, accessing, retaining 
and disposing of records in the system:
Storage:
    Data may be stored in paper form and on magnetic media (e.g., 
discs).

Retrievability:
    Records in this system are indexed and retrieved by the SSN and/or 
address.

Safeguards:
    Security measures include the use of access codes to enter the 
computer system, which will maintain the data, and storage of the 
computerized records in secured areas which are accessible only to 
employees who require the information in performing their official 
duties. Any paper records will be kept in locked cabinets or in 
otherwise secured areas. Contractor personnel having access to data in 
the system of records will be required to adhere to SSA rules 
concerning safeguards, access and use of the data. SSA and contractor 
personnel having access to the data will be informed of the criminal 
penalties of the Privacy Act for unauthorized access to or disclosure 
of information maintained in this system of records.

Retention and disposal:
    Electronic files and other files with personal identifiers are 
retained in secure areas accessible only to authorized personnel and 
will be disposed of as soon as they are determined to be no longer 
needed for contractor or SSA analysis. Means of disposal will be 
appropriate to the storage medium (e.g., deletion of magnetic discs or 
shredding of paper records). Records used in administering the 
demonstration and experimental programs will be retained indefinitely.

System manager(s) and address:
    Director, Division of Representative Payment and Evaluation, Office 
of Program Benefits, Social Security Administration, 6401 Security 
Boulevard, Baltimore, Maryland 21235.

Notification procedure(s):
    An individual can determine if this system of records contains a 
record about him/her by writing to the systems manager(s) at the above 
address and providing his/her name, SSN or other information that may 
be in the system of records that will identify him/her. An individual 
requesting notification of records in person should provide the same 
information, as well as provide an identity document, preferably with a 
photograph, such as a driver's license. If an individual does not have 
identification documents sufficient to establish his/her identity, the 
individual must certify in writing that he/she is the person claimed to 
be and that he/she understands that the knowing and willful request 
for, or acquisition of, a record pertaining to another individual under 
false pretenses is a criminal offense.
    If notification is requested by telephone, an individual must 
verify his/her identity by providing identifying information that 
parallels the record to which notification is being requested. If it is 
determined that the identifying information provided by telephone is 
insufficient, the individual will be required to submit a request in 
writing or in person. If an individual is requesting information by 
telephone on behalf of another individual, the subject individual must 
be connected with SSA and the requesting individual in the same phone 
call. SSA will establish the subject individual's identity (his/her 
name, SSN, address, date of birth and place of birth along with one 
other piece of information such as mother's maiden name) and ask for 
his/her consent in providing information to the requesting individual.
    If a request for notification is submitted by mail, an individual 
must include a notarized statement to SSA to verify his/her identity or 
must certify in the request that he/she is the person claimed to be and 
that he/she understands that the knowing and willful request for, or 
acquisition of, a record pertaining to another individual under false 
pretenses is a criminal offense. These procedures are in accordance 
with SSA Regulations (20 CFR 401.40).

Record access procedure(s):
    Same as ``Notification procedures.'' Requesters should also 
reasonably specify the record contents being sought. These procedures 
are in accordance with SSA Regulations (20 CFR 401.50).

Contesting record procedure(s):
    Same as ``Notification procedures.'' Requesters also should 
reasonably identify the record, specify the information they are 
contesting, and state the corrective action sought and the reasons for 
the correction with supporting justification showing how the record is 
untimely, incomplete, inaccurate or irrelevant. These procedures are in 
accordance with SSA Regulations (20 CFR 401.65).

Record source categories:
    Data for the system are secured from other SSA systems of records 
(e.g., Master Beneficiary Record, 60-0090, Supplemental Security Income 
Record and Special Veterans Benefits, 60-0103 and from other databases 
available to SSA, such as the Veterans Administration and the Office of 
Personnel Management benefits files).

Systems exempted from certain provisions of the Act:
    None.

[FR Doc. 02-12364 Filed 5-16-02; 8:45 am]
BILLING CODE 4191-02-P