[Federal Register Volume 69, Number 92 (Wednesday, May 12, 2004)]
[Notices]
[Pages 26419-26420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10726]


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OFFICE OF PERSONNEL MANAGEMENT


Privacy Act of 1974, as Amended: Computer Matching Program 
Between OPM/Centers for Medicare and Medicaid Services, Department of 
Health and Human Services

AGENCY: Office of Personnel Management.

ACTION: Notice of computer matching program.

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SUMMARY: In accordance with the provisions of the Privacy Act, as 
amended, the notice announces a computer matching program that OPM 
plans to conduct with CMS.

DATES: OPM will file a report of the subject matching program with the 
Committee on governmental Affairs of the Senate, the Committee on 
Government reform and Oversight of the House of Representatives and the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget (OMB). The matching program will be effective 40 days after the 
Federal Register notice has been published and the letter to Congress 
and OMB have been issued.

ADDRESSES: Interested parties may comment on this notice by writing to 
Maurice O. Duckett, Assistant Director for RIS Support Services 
Programs, Office of Personnel Management, 1900 E. Street, NW., Room 
1312, Washington, DC 20415. All comments received will be available for 
public inspection at this address.

FOR FURTHER INFORMATION CONTACT: Contact Marc Flaster, Chief, 
Management Information Branch 1900 E Street, NW., Room 4316 Washington, 
DC 20415, telephone number (202) 606-2115.

SUPPLEMENTARY INFORMATION:

A. General

    The Computer Matching and Privacy Protection Act of 1988 (Pub. L. 
100-503), amended the Privacy Act (5 U.S.C. 552a) by establishing the 
conditions under which computer matching involving the Federal 
government 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. 101-508) 
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. Among other 
things, it requires Federal agencies involved in computer matching 
programs to:
    (1) Negotiate written agreements with the other agency or agencies 
participating in the matching programs;
    (2) Obtain the approval of the match agreement by the Data 
Integrity Branch (DIB) of the participating Federal agencies.;
    (3) Furnish detailed reports about matching programs to Congress 
and OMB;
    (4) Notify applicants and beneficiaries that their records are 
subject to matching; and
    (5) Verify match findings before reducing suspending, terminating 
or denying an individual's benefits or payments.

B. OPM Computer Matches Subject to the Privacy Act

    We have taken action to ensure that all of OPM's computer matching 
programs with the requirements of the Privacy Act, as amended.

Kay Coles James,
Director, Office of Personnel Management.

Notice of Computer Matching Program, Office of Personnel Management 
(OPM) With the Centers for Medicare and Medicaid Services (CMS), 
Department of Health and Human Services

A. Participating Agencies

    OPM and CMS.

[[Page 26420]]

B. Purpose of the Matching Program

    The purpose of this agreement is to establish the conditions under 
which OPM and CMS can implement the terms and provisions of CMS's 
Employer Voluntary Data Sharing Agreement, which will also include the 
Internal Revenue Service/Social Security Administration/CMS Data Match 
Questionnaire process. Under the terms of the matching agreement, OPM 
agrees to provide coverage eligibility data to CMS ad furthermore CMS 
agrees to consider our compliance with this agreement to constitute 
satisfaction of its statutory obligations. CMS agrees to provide 
coverage eligibility data to OPM on active as well as inactive 
employees and their spouses for whom the employer provides group health 
coverage. These disclosures will provide CMS with information for use 
in determining the extent to which any Medicare beneficiary is covered 
under the Federal Employees Health Benefits Programs (FEHBP). These 
disclosures will enable CMS to identify instances where Medicare is the 
secondary payer for working, nonPostal, Federal civilian employees and 
their spouses who have primary insurance because of their Federal 
employment or because of their spouse's Federal employment. This 
computer-matching program will result in systematic, improved 
coordination of benefits between Medicare and FEHBP through data 
sharing.

C. Authority for Conducting the Matching Program

    The provisions of the Social Security Act known as the Medicare 
Secondary Payer (MSP) laws, codified at 42 U.S.C. 1395y(b), shift from 
Medicare to certain group health plans (GHPs) primary payment 
responsibility for certain Medicare beneficiaries to the extent that 
the medical expenses of those Medicare beneficiaries are also covered 
by a GHP. The MSP provisions are found at the above citation, as 
amended, excepting 42 U.S.C. 1395y(b)(2)(A)(ii) and the regulations 
related to the statute, as amended and currently found at 42 CFR 
411.20-.37, 411.100-.130, 411.160-.175, and 411.200-.206.

D. Categories of Records and Individuals Covered by the Match

    OPM will disclose information from two major records systems, the 
Central Personnel Data File, last published as OPM/GOV-1, General 
Personnel Records System (65 FR 24732, April 27, 2000), and the annuity 
roll systems, last published as OPM/Central-1, Civil Service Retirement 
and Insurance Records, (64 FR 54930, October 8, 1999, as amended May 3, 
2000 (65 FR 25775). CMS will use OPM's submission of data to update the 
CMS Common Working File, System Number 09-70-0526, published at 53 FR 
52792, December 29, 1988. CMS will further use its Enrollment Data 
Base, found in System No. 09-70-0502 to determine Medicare eligibility 
for the records exchanged between the two agencies.

E. Privacy Safeguard and Security

    The personal privacy of the individuals whose names are included in 
the tapes is protected by strict adherence to the provisions of the 
Privacy Act of 1974 and OMB's ``Guidance Interpreting the Provisions of 
Public Law 100-503, the Computer Matching and Privacy Protection Act of 
1988.'' Access to the records used in the data exchange is restricted 
to only those authorized employees and officials who need it to perform 
their official duties. Records matched or created will be stored in an 
area that is physically safe from access by unauthorized personnel 
during duty hours as well as nonduty hours or when not in use. Records 
used in this exchange and any records created by this exchange will be 
processed under the immediate supervision and control of authorized 
personnel in a manner which will protect the confidentiality of the 
records.
    Both OPM and CMS have the right to make onsite inspections or make 
other provisions to ensure that adequate safeguards are being 
maintained by the other agency.

F. Inclusive Dates of the Match

    The matching program shall become effective upon the signing of the 
agreement by both parties to the agreement and approval of the 
agreement by the Data Integrity Boards of the respective agencies, but 
no sooner than 40 days after notice of this matching program is sent to 
Congress and the Office of Management and Budget or 30 days after 
publication of this notice in the Federal Register, whichever 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. 04-10726 Filed 5-11-04; 8:45 am]
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