[Federal Register Volume 69, Number 170 (Thursday, September 2, 2004)]
[Notices]
[Pages 53728-53729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20096]
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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-
03)
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 a new computer matching
agreement that CMS plans to conduct with the Internal Revenue Service
(IRS), Social Security Administration (SSA), and Centers for Medicare &
Medicaid Services (CMS). We have provided background information about
the proposed matching program in the SUPPLEMENTARY INFORMATION section
below. The Privacy Act provides 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 August 19, 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, HCFA, Mailstop 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: John Albert, CMS, Center for Medicare
Management Services, 7500 Security Boulevard, Baltimore, Maryland
21244-1850. The telephone number is (410) 786-7457, or facsimile (410)
786-9963.
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 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 matching
programs that this agency participates in complies with the
requirements of the Privacy Act of 1974, as amended.
[[Page 53729]]
Dated: August 19, 2004.
Mark B. McClellan,
Administrator, Centers for Medicare & Medicaid Services.
CENTER FOR MEDICARE & MEDICAID SERVICES
Computer Match No. 2001-03
NAME:
Medicare Secondary Payer Program.
SECURITY CLASSIFICATION:
Level Three Privacy Act Sensitive.
PARTICIPATING AGENCIES:
Internal Revenue Service (IRS), Social Security Administration
(SSA) and Centers for Medicare & Medicaid Services (CMS).
AUTHORITY FOR CONDUCTING MATCHING PROGRAM:
This agreement implements the provisions of section 1862(b)(5) of
the Social Security Act, (42 U.S.C. 1395y(b)(5)), section 6103(l)(12)
of the Internal Revenue Code, (26 U.S.C 6103(1)(12)), and the Privacy
Act, (5 U.S.C. 552a) as amended.
PURPOSE(S) OF THE MATCHING PROGRAM:
1. The purpose of this agreement is to establish the conditions
under which:
a. The Internal Revenue Service (IRS) agrees to disclose return
information relating to taxpayer identity to the Social Security
Administration (SSA); and
b. The SSA agrees to disclose return information relating to
employer identity, commingled with taxpayer identity information
disclosed by the IRS, to the Centers for Medicare & Medicaid Services
(CMS).
2. These disclosures will provide CMS with information for use in
determining the extent to which any Medicare beneficiary is covered
under any Group Health Plan (GHP). This Matching Agreement between the
Department of the Treasury Internal Revenue Service (IRS), and the
Social Security Administration (SSA) and the Department of Health and
Human Services (HHS), Centers for Medicare & Medicaid Services (CMS) is
executed pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), as
amended and the Office of Management and the Budget (OMB) Final
Guidance interpreting that Act. This agreement implements the
information matching provisions of 26 U.S.C. 6103(1)(12) and 42 U.S.C.
1395y(b)(5).
CATEGORIES OF RECORDS AND INDIVIDUALS COVERED BY THE MATCH:
IRS--IRS will disclose taxpayer identity information from the
Individual Master File (IMF), Treas/IRS 24.030, published at 63 FR
69854 (12/17/ 98). The IRS component responsible for the disclosure of
the return information is the Office of Government Liaison and
Disclosure. SSA--SSA will extract identifying information of Medicare
beneficiaries from the Master Beneficiary Record (MBR), SSA/OSR 09-60-
0090, published at 65 FR 46997 (08/01/00). SSA will validate the
taxpayer SSN by matching information from the IMF against the Master
Files of Social Security Number Holders, (NUMIDENT), SSA/OSR 09-60-
0058, published at 63 FR 14165 (03/24/98). SSA will extract employer
identity information from the Earnings Recording and Self-Employment
Income System, SSA/0SR 09-60-0059, referred to as the Master Earnings
File (MEF), published at 62 FR 11939 (03/13/97). The SSA component
responsible for the disclosure of the return information is the Office
of Systems Requirements (OSR). CMS--CMS will utilize a database, System
Number 09-70-4001, published at 57 FR 60818 (12/22/92), of the GHP
information received from employers containing verified instances of
employment and GHP coverage for Medicare beneficiaries and Medicare
eligible spouses identified from the IMF and MEF extracts. CMS will
match the GHP information against the Carrier Medicare Claims Records,
System Number 09-70-0501, published at 59 FR 37243-02 (7/21/94),
maintained at the CMS Common Working File (CWF), System Number 09-70-
0526, published at 53 FR 52792 (12/29/88). CMS will match GHP
information against the Carrier Medicare Claims Records, System Number
09-70-0501, published at 59 FR 37243-02 (7/21/94), maintained at the
CMS Common Working File (CWF), System Number 09-70-0526, published at
53 FR 52792 (12/29/88), which is the repository database for current
MSP information. This file contains information or records needed to
properly process and pay medical insurance benefits to, or on behalf
of, entitled beneficiaries who have submitted claims for Supplementary
Medical Insurance Benefits (Medicare Part B). The file is accessed when
a claim is submitted for payment. CMS will match GHP information
against the Intermediary Claims Records, System Number 09-70-0503,
published at 59 FR 37243-02 (7/21/94), maintained at the CWF.
This file contains information or records needed to properly
process and pay Medicare benefits to, or on behalf of, eligible
individuals. The file is accessed when a claim is submitted for
payment. CMS will match GHP information against the National Claims
History (NCH), which is contained in the National Claims History File,
Privacy Act System, HHS, CMS, BDMS 09-70-0005 published at 59 FR 19181
(4/22/94), maintained at CMS Data Center (HDC), located in Baltimore,
Maryland. NCH contains records needed to facilitate obtaining Medicare
utilization review data that can be used to study the operation and
effectiveness of the Medicare program. The CMS component responsible
for receipt and verification of the return information is the Office of
Information Services (CMS/OIS).
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 extended for an additional 12 months
thereafter, if certain conditions are met.
[FR Doc. 04-20096 Filed 9-1-04; 8:45 pm]
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