[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]
BILLING CODE 4120-01-P