[Federal Register Volume 69, Number 62 (Wednesday, March 31, 2004)]
[Notices]
[Pages 17019-17023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7069]


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SOCIAL SECURITY ADMINISTRATION


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

AGENCY: Social Security Administration (SSA).

ACTION: Altered system of records, including proposed new routine use.

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[[Page 17020]]

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 alter an 
existing system of records, the Medicare Savings Programs Information 
System, 60-0310. The proposed alterations will result in the following 
changes to the system of records:
    (1) Expansion of the categories of individuals covered by the 
system to include individuals who may be eligible for transitional 
assistance under the Medicare Prescription Drug Discount Card Program 
and premium and cost-sharing subsidies under the Prescription Drug Card 
Part D Program;
    (2) Expansion of the purposes for which SSA uses information 
maintained in the system; and
    (3) A proposed new routine use disclosure providing for the release 
of information to the Centers for Medicare & Medicaid Services in the 
Department of Health and Human Services.
    All of the proposed alterations are discussed in the Supplementary 
Information section below. We invite public comments on this proposal.

DATES: We filed a report of the proposed altered system of records and 
routine use with the Chairman of the Senate Committee on Governmental 
Affairs, the Chairman of the House Government Reform Committee, and the 
Director, Office of Information and Regulatory Affairs, Office of 
Management and Budget (OMB on March 19, 2004. The proposed altered 
system of records, including the proposed new routine use will become 
effective on April 28, 2004 unless we receive comments that would 
result in a contrary determination.

ADDRESSES: Interested individuals may comment on this publication by 
writing to the Executive Director, Office of Public Disclosure, Office 
of the General Counsel, 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: Mr. Willie J. Polk, Team Leader, 
Strategic Issues Team, Office of Public Disclosure, Office of the 
General Counsel, Social Security Administration, Room 3-A-6 Operations 
Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401, 
telephone (410) 965-1753, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Purpose of the Proposed Alterations to the Medicare 
Savings Programs Information System

A. General Background

    The Medicare Savings Programs Information System was established to 
implement provisions of section 1144 of the Social Security Act (Act) 
(42 U.S.C. 1320b-14). This statute requires the Commissioner of Social 
Security to conduct outreach efforts to identify individuals entitled 
to benefits, under the Medicare program under Title XVIII of the Act, 
who may be eligible for medical assistance for payment of the cost of 
Medicare cost-sharing under the Medicaid program. We published a notice 
of the Medicare Savings Programs Information System in the Federal 
Register (FR) on May 17, 2002. See 67 FR 35179. This system covered 
Medicare Parts A and B under Title XVIII of the Act.
    On December 8, 2003, the President signed into law Public Law 108-
173, the Medicare Prescription Drug, Improvement, and Modernization Act 
of 2003. This new law amended section 1144 of the Act to require the 
Commissioner of Social Security to conduct additional outreach efforts 
to identify individuals entitled to benefits, or enrolled under the 
Medicare program under title XVIII, who may be eligible for 
transitional assistance under the Medicare Prescription Drug Discount 
Card Program and premium and cost-sharing subsidies under the 
Prescription Drug Card Part D Program. The outreach responsibility to 
low-income Medicare beneficiaries for payment of Medicare cost-sharing 
under the Medicaid program continues.
    In conducting the outreach efforts under section 1144 of the Act, 
SSA will 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 SSA determines may be 
eligible for these types of assistance. Additionally, information may 
be disclosed to the General Accounting Office for its evaluation of the 
effort as required by the statute.

B. Discussion of Proposed Alterations to the Altered Medicare Savings 
Programs Information System

1. Expansion of the Categories of Individuals Covered by the Medicare 
Savings Programs Information System
    We are adding two new categories of individuals to the Medicare 
Savings Programs Information System: (1) Individuals eligible for 
transitional assistance under the Medicare Prescription Drug Discount 
Card Program and premium and cost-sharing subsidies under the 
Prescription Drug Card Part D Program, and (2) individuals eligible for 
premium and cost-sharing subsidies under the Prescription Drug Part D 
Program. In addition, we are clarifying language in the ``Categories of 
individuals covered by the system'' section of the Medicare Savings 
Programs Information system to indicate that the individuals covered by 
the system include Social Security beneficiaries who have attained age 
65, disabled Social Security beneficiaries with amyotrophic lateral 
sclerosis, disabled Social Security beneficiaries who have received 24 
months of benefits, and persons who meet certain eligibility criteria 
with end-stage renal disease. See the ``Categories of individuals 
covered by the system'' section in the Medicare Savings Programs 
Information System notice below for a full description of the 
information maintained.
2. Additional Use of Information in the Medicare Savings Programs 
Information System
    We are expanding the purposes for which we use the information 
maintained in the Medicare Savings Programs Information System to 
include use of the information to determine individuals' eligibility 
for transitional assistance under the Medicare Prescription Drug 
Discount Card Program and premium and cost-sharing subsidies under the 
Prescription Drug Card Part D Program.

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

A. Establishment of New Routine Use

    We are proposing to establish a new routine use which allows 
disclosure of information maintained in the Medicare Savings Programs 
Information System to the Centers for Medicare and Medicaid Services 
(CMS) in the Department of Health and Human Services to assist CMS in 
determining individuals' eligibility for transitional assistance under 
the Medicare Prescription Drug Discount Card Program and premium and 
cost-sharing subsidies under the Prescription Drug Card Part D Program. 
The proposed new routine use, numbered 8, provides for disclosure of 
information--

    To the Centers for Medicare and Medicaid Services in the 
Department of Health and Human Services for the purpose of

[[Page 17021]]

determining individuals' eligibility for transitional assistance 
under the Medicare Prescription Drug Discount Card Program and 
premium and cost-sharing subsidies under the Prescription Drug Card 
Part D Program.

    The disclosures to CMS will assist that agency in establishing 
individuals' eligibility for the transitional assistance under the 
Medicare Prescription Drug Discount Card Program and premium and cost-
sharing subsidies under the Prescription Drug Card Part D Program, 
provide information necessary to enforce eligibility restrictions in 
those programs, and combat and prevent fraud, waste and abuse in those 
programs.

B. Compatibility of Proposed New Routine Use Disclosure

    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 or assist other agencies in 
administering similar programs. The proposed new routine use, numbered 
8, will assist CMS in establishing individuals' eligibility for the 
transitional assistance under the Medicare Prescription Drug Discount 
Card Program and premium and cost-sharing subsidies under the 
Prescription Drug Card Part D Program. Thus, the proposed new routine 
use disclosure is appropriate and meets the relevant statutory and 
regulatory criteria.

C. Revision of Language in Routine Use, Numbered 5, Providing for 
Disclosure of Information to the Department of Justice (DOJ), a Court 
or Other Tribunal, or Another Party Before Such Court or Tribunal

    We have revised the language in this routine use as follows:
     In discussing the circumstances under which SSA 
will disclose information under this routine use, the current routine 
use states, in part: ``* * * SSA determines that the use of such 
records by DOJ, a court or other tribunal is relevant and necessary to 
the litigation * * *'' We are revising this phrase to include the 
bolded text below:
     ``* * * SSA determines that the use of such 
records by DOJ, a court or other tribunal, or another party before such 
tribunal is relevant and necessary to the litigation * * *''
    See routine use, numbered 5, in the notice below for the full text 
of the routine use statement.
     This routine use contains the statement: ``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 are revising this language to state:
     ``Disclosures of any information defined as 
``return or return information'' under 26 U.S.C. 6103 of the Internal 
Revenue Code (IRC) will not be made unless authorized by a statute, the 
Internal Revenue Service (IRS), or IRS regulations.''

III. Records Storage Medium and Safeguards for the Information 
Maintained in the Medicare Savings Programs Information System

    The Medicare Savings Programs Information System maintains 
information 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 are 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. Manually maintained records are 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 Alterations to the Medicare Savings Programs 
Information System on the Rights of Individuals

    The proposed alterations to the Medicare Savings Programs 
Information System pertain to SSA's responsibilities in collecting, 
maintaining, and disclosing information about individuals' potential 
eligibility for transitional assistance under the Medicare Prescription 
Drug Discount Card Program and premium and cost-sharing subsidies under 
the Prescription Drug Card Part D Program. We will adhere to all 
applicable statutory requirements, including those under the Social 
Security Act and the Privacy Act, in carrying out our responsibilities. 
Therefore, we do not anticipate that the proposed system of records 
will have an unwarranted adverse effect on the rights of individuals.

V. Minor Housekeeping Changes Relating to the Notice of the Medicare 
Savings Programs Information System

    1. System name--we have revised the name of the Medicare Savings 
Programs Information System to reflect the name of the SSA component 
having substantive responsibility for the system (see the System name 
section of the notice below).
    2. Authority for maintenance of the system--we have revised this 
section of the notice of the Medicare Savings Programs Information 
System by deleting reference to the Public Law, Public Law 106-554, 
that established the authority for the system. This section now simply 
cites the statutory authority for the system, section 1144 of the Act 
(42 U.S.C. 1320b-14).
    3. System manager(s) and address(es)--we have revised this section 
of the notice of the Medicare Savings Programs Information System to 
reflect the name of the current manager of the system.

    Dated: March 19, 2004.
Jo Anne B. Barnhart,
Commissioner.

Notice of System of Records Required by the Privacy Act of 1974; as 
Amended

System number: 60-0310

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

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; disabled Social 
Security beneficiaries with amyotrophic lateral sclerosis; 
beneficiaries with a disabling impairment(s) who lost entitlement to 
free Medicare Part A because of work and certain individuals who suffer 
from

[[Page 17022]]

end-stage renal disease; beneficiaries who may be eligible for 
subsidized transitional assistance prescription drug cards; and 
beneficiaries who may be eligible for subsidized payment of the cost of 
Medicare cost-sharing for voluntary prescription drug coverage under 
Medicare Part D.

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, and Supplemental 
Security Income Record and Special Veterans Benefits, 60-0103) and from 
other databases available to SSA, such as the Department of Veterans 
Affairs 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).

Purpose(s):
    Information in this system will be used to determine a 
beneficiary's potential eligibility for Medicare Part B buy-in; for 
subsidized purchase of Medicare Part A; for potential eligibility for 
subsidized transitional assistance prescription drug cards and for 
potential eligibility for subsidized Medicare Part D coverage. 
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 any information defined as ``return or return 
information'' under 26 U.S.C. 6103 of the Internal Revenue Code (IRC) 
will not be made unless authorized by a statute, the Internal Revenue 
Service (IRS), or IRS regulations.
    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 another 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 by DOJ, a 
court or other tribunal, or another party before such 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.
    Disclosures of any information defined as ``return or return 
information'' under 26 U.S.C. 6103 of the Internal Revenue Code (IRC) 
will not be made unless authorized by a statute, the Internal Revenue 
Service (IRS), or IRS regulations.
    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.
    8. To the Centers for Medicare and Medicaid Services in the 
Department of Health and Human Services for the purpose of determining 
individuals' eligibility for subsidized transitional assistance under 
the Medicare Prescription Drug Discount Card Program and premium and 
cost-sharing subsidies under the Prescription Drug Card Part D Program.

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 
name, 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(es):
    Director, Office of Beneficiary Determinations and Services, Office 
of Income Security Programs, Social Security Administration, 6401 
Security Boulevard, Baltimore, Maryland 21235.

[[Page 17023]]

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 and 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 Privacy Act:
    None.

[FR Doc. 04-7069 Filed 3-30-04; 8:45 am]
BILLING CODE 4191-02-P