[Federal Register Volume 69, Number 102 (Wednesday, May 26, 2004)]
[Notices]
[Pages 29958-29959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11937]


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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-
04)

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

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 announces the establishment of a 
computer-matching program that CMS plans to conduct with 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 
Effective Dates section below for comment period.

EFFECTIVE 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 April 30, 2004. 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 (DPCDD), Enterprise Databases 
Group, 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 time zone.

FOR FURTHER INFORMATION CONTACT: Maribel Franey, Health Insurance 
Specialist, DPCDD, Enterprise Databases Group, OIS, CMS, Mail stop N2-
04-27, 7500 Security Boulevard, N2-04-06, Baltimore, Maryland 21244-
1850. The telephone number is (410) 786-0757, or facsimile (410) 786-
5636.

SUPPLEMENTARY INFORMATION: 

I. Description of the Matching Program

A. General

    The Computer Matching and Privacy Protection Act (CMPPA) 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

[[Page 29959]]

records in a system of records 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 Boards (DIB) 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

    CMS has taken action to ensure that all of the computer matches 
programs that this agency participates in comply with the requirements 
of the Privacy Act of 1974, as amended.

    Dated: May 20, 2004.
Mark B. McClellan,
Administrator.
COMPUTER MATCH NO. 2001-04

NAME:
    ``Verification of TRICARE Eligibility''.

SECURITY CLASSIFICATION:
    Level Three Privacy Act Sensitive.

PARTICIPATING AGENCIES:
    Centers for Medicare & Medicaid Services (CMS); and Department of 
Defense (DoD).

AUTHORITY FOR CONDUCTING MATCHING PROGRAM:
    This Computer Matching Agreement is executed to comply with the 
Privacy Act of 1974 (5 U.S.C. 552a), as amended, the Office of 
Management and Budget (OMB) Circular A-130, entitled ``Management of 
Federal Information Resources'' (61 FR 6435, February 20, 1996), and 
OMB guidelines pertaining to computer matching (54 FR 25818, June 19, 
1989).
    This agreement implements the information matching provisions of 
the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2001 
(Public Law (Pub. L.) 106-398) Sec. Sec.  711 and 712; the NDAA for FY 
1993 (Pub. L. 102-484) Sec.  705, and the NDAA for FY 1992 (Pub. L. 
102-190 Sec. Sec.  704 and 713).

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 Part A 
entitlement and Part B enrollment information to the Department of 
Defense (DoD), Defense 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). 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 provide health care and medical 
benefits to Medicare eligible beneficiaries who are enrolled in the 
medical insurance program under Part B of the Medicare program. In 
order for TMA to meet these requirements, CMS agrees to disclose Part A 
entitlement and Part B enrollment data on this dual eligible 
population, which will be used to determine a beneficiary's eligibility 
for care under TRICARE. DEERS will receive the results of the computer 
match and provide the information provided 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) and date of birth for all DoD eligible beneficiaries whom 
may also be eligible for Medicare benefits. CMS will match the DEERS 
file against its ``Enrollment Database (EDB)'' system of records 
(formerly known as the Health Insurance Master Record), System No. 09-
70-0502, and will validate the identification of the beneficiary by 
providing the Health Insurance Claims Number (HICN) that matches 
against the SSN and date of birth provided by DEERS. CMS will also 
provide the Medicare Part A entitlement and Part B enrollment status of 
the beneficiary. CMS's data will help TMA to determine a beneficiary's 
eligibility for care under TRICARE. DEERS will receive the results of 
the computer match and provide the information provided in the reply 
file to TMA for use in its program.

INCLUSIVE DATES OF THE MATCH:
    The Computer 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 extended for an additional 12 months 
thereafter, if certain conditions are met.

[FR Doc. 04-11937 Filed 5-25-04; 8:45 am]
BILLING CODE 4120-03-P