[Federal Register Volume 68, Number 159 (Monday, August 18, 2003)]
[Notices]
[Pages 49480-49481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20777]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services


Privacy Act of 1974; Computer Matching Program (Match No. 2002-
02)

AGENCY: Department of Health and Human Services (HHS), Center 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 establishes a computer matching agreement 
between CMS and 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 CMS provide an opportunity for interested persons to 
comment on the proposed matching program, CMS invites comments on all 
portions of this notice. See DATES section below for comment period.

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 August 1, 2003. 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 
Privacy Compliance Data Development

[[Page 49481]]

(DPCDD), Enterprise Databases Group, Office of Information Services, 
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 daylight time.

FOR FURTHER INFORMATION CONTACT: Walter Stone, Senior Paralegal 
Specialist, Division of Data Liaison and Distribution, Enterprise 
Databases Group, Office of Information Services, CMS, Mail stop N2-04-
27, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. The 
telephone number is (410) 786-5357, 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 (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;
    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 and/or Privacy Rule

    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, and the Health Insurance Portability and 
Accountability Act (45 CFR parts 160 and 164, 65 FR 82462 (12-28-00), 
subparts A and E.

    Dated: August 1, 2003.
Thomas A. Scully,
Administrator, Centers for Medicare & Medicaid Services.

Computer Match No. 2002-02

Name:

    ``Verification of CHAMPUS/TRICARE Eligibility for Military Health 
System Beneficiaries Who are Medicare Eligible and Under the Age of 
65.''

Security Classification:

    Level Three Privacy Act Sensitive

Participating Agencies:

    The Centers for Medicare & Medicaid Services (CMS); and Department 
of Defense (DoD), 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).

Authority for Conducting Matching Program:

    This agreement implements the information matching provisions of 
the National Defense Authorization Acts (NDAA) for Fiscal Years (FY) 
1992 and 1993 (PL 102-190) Sec.  704, which provide for reinstatement 
of CHAMPUS as second payer for beneficiaries entitled to Medicare on 
the basis of disability/ESRD only if they also enroll in Part B, and 
the 1996 NDAA (Public Law 104-106) Sec.  732, which amended Sec.  
1086(d) of title 10, U.S.C., and directed the administering Secretaries 
to develop a mechanism for notifying beneficiaries of their 
ineligibility for CHAMPUS when loss of eligibility is due to disability 
status.

Purpose(s) of the Matching Program:

    The purpose of this agreement is to establish the conditions, 
safeguards and procedures under which CMS will disclose Medicare 
enrollment information to the DoD. 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 discontinue military health care 
benefits to disabled individuals when they become eligible for Medicare 
Part A because of disability or End Stage Renal Disease (ESRD), unless 
they are enrolled in Medicare Part B. In order for TMA to meet these 
requirements, CMS agrees to disclose Part A and Part B enrollment data 
on this dual eligible population, which will be used to determine a 
beneficiary's eligibility for continued care under TRICARE. DMDC/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 CMS 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 (SSN) for all DoD eligible beneficiaries under the age of 65 
who may also be eligible for Medicare benefits. CMS will match the 
DEERS file against its ``Enrollment Database'' system of records 
(formerly known as the Health Insurance Master Record), System No. 09-
70-0502, and will validate the identification of the beneficiary and 
provide the Health Insurance Claims Number (HICN) that matches against 
the SSN and date of birth provided by DEERS, and also provide the 
Medicare Part A entitlement status and Part B enrollment status of the 
beneficiary. CMS's data will help TMA to determine a beneficiary's 
eligibility for continued care under TRICARE. DEERS will receive the 
results of the computer match and provide the information provided 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, which ever is 
later. The matching program will continue for 18 months from the 
effective date and may be renewed every 12 months thereafter, as long 
as the statutory language for the match exists and other conditions are 
met.

[FR Doc. 03-20777 Filed 8-15-03; 8:45 am]
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