[Federal Register Volume 71, Number 142 (Tuesday, July 25, 2006)]
[Notices]
[Pages 42159-42164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11782]


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SOCIAL SECURITY ADMINISTRATION


Privacy Act of 1974, as Amended; Alteration to Existing System of 
Records

AGENCY: Social Security Administration (SSA).

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

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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 entitled Medicare Part D and Part D Subsidy 
File, 60-0321. 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 entitled to Medicare Part A, Part B 
and Medicare Advantage Part C; and
    (2) Proposed new routine uses 17-21 providing for the release of 
information for purposes of efficient administration of Medicare 
Part A, Part B, Medicare Advantage Part C, and Medicare Part D.

We are also changing the name of the existing Medicare Part D and Part 
D Subsidy File system of records. The proposed new name is the Medicare 
Database, hereinafter referred to as the MDB File. The change reflects 
the establishment of a single repository for all Medicare-related data.
    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 alteration with the Chairman 
of the Senate Committee on Homeland Security and Governmental Affairs, 
the Chairman of the House Committee on Government Reform, and the 
Director, Office of Information and Regulatory Affairs, Office of 
Management and Budget (OMB) on July 18, 2006. The proposed alteration 
will become effective on August 26, 2006 unless we receive comments 
that will 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, Room 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: Ms. Christine W. Johnson, Lead Social 
Insurance Specialist, Office of Public Disclosure, Office of the 
General Counsel, Social Security Administration, Room 3-C-1 Operations 
Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401, 
telephone at (410) 965-8563, e-mail: mailto:[email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Purpose of Proposed Alteration to the MDB File System 
of Records

A. General Background

    On December 8, 2003, the Medicare Prescription Drug, Improvement, 
and Modernization Act (also known as the Medicare Modernization Act or 
MMA) of 2003, created a voluntary prescription drug coverage benefit 
program under new Part D of Medicare for all individuals eligible for 
Medicare Part A and/or Part B. The MMA also created a subsidy program 
to assist Medicare beneficiaries with limited means to pay for 
prescription drug coverage. The new Medicare Part D was implemented 
January 2006. We published a notice of system of records in the Federal 
Register to implement the Medicare Part D coverage on December 28, 
2004. The notice can be found at 70 FR 77816, December 28, 2004. 
Additionally, Section 811 of the MMA established a premium subsidy 
reduction which will result in an income-related adjustment amount 
being added to the standard monthly Medicare Part B premium amount.
    The Medicare Part B premium subsidy reduction becomes effective 
January 2007. Sections 101 and 201 of the MMA changed some of the terms 
and definitions for Medicare Part C (now Medicare Advantage) and 
provided for the implementation of the Medicare Advantage program.
    Medicare Part B is a voluntary program which provides medical 
insurance coverage for medical and health services such as physician 
services, diagnostic services and medical supplies. Medicare Part B 
beneficiaries are responsible for deductibles, co-insurance and monthly 
premiums towards the cost of covered services. Generally, the Part B 
premium covers approximately 25 percent of the Part B program costs and 
the remaining 75 percent of the program costs are subsidized by the 
Federal Government by contributions to the Federal Supplementary 
Medical Insurance Trust Fund. Certain Part B beneficiaries may also pay 
an increased premium for late reenrollment or for enrollment after a 
period without coverage.
    Beginning January 2007, the Medicare Part B premium subsidy will 
result in an income-related adjustment amount being added to the 
standard monthly Medicare Part B premium amount for an estimated 4 to 5 
percent of the approximately 40 million Part B beneficiaries who have 
income above an income threshold set by the MMA. Beneficiaries with 
modified adjusted gross income above a statutory income threshold will 
pay more of the cost of their Part B premiums through an income-related 
monthly adjustment amount. The income-related monthly adjustment amount 
is an additional amount of premium for Part B coverage that is added to 
the Part B standard monthly premium. The purpose of the income-related 
adjustment is to reduce the Federal subsidy to Medicare Part B 
beneficiaries with income above the statutory threshold.
    To implement the Medicare Part B premium subsidy reduction and 
establish eligibility for Part D subsidies, we must collect and 
maintain relevant information that will be used for these 
determinations. We will maintain the information in the MDB File. We 
currently maintain information about

[[Page 42160]]

Medicare Part A and Part C applicants and beneficiaries in other SSA 
systems of records (e.g., the Master Beneficiary Record and the Claims 
Folders System). To assist us in the efficient administration of 
Medicare Part A, Part B, Medicare Advantage Part C, and Medicare Part D 
programs, we are consolidating all of the relevant records into the MDB 
File. In addition to these changes, we are also establishing new 
routine use disclosures of MDB File information. To implement these 
changes, we must make alterations to the MDB File. The alterations are 
discussed in Section I, Subsections B and C below.

B. Expansion of the Categories of Individuals Covered by the MDB File 
System of Records

(1.) Expansion of the Categories of Individuals in the MDB File
    Currently, the records in the system pertain primarily to 
beneficiaries with limited means to pay for prescription drug coverage 
under Medicare Part D. The purpose of the proposed alteration is to 
expand the categories of individuals covered by this system to include 
beneficiaries who have medical insurance under Medicare Part A, Part B, 
Medicare Advantage Part C, and all beneficiaries who are covered or who 
will be eligible for facilitated enrollment under Part D plans. See the 
``Categories of individuals covered by the system'' in the system 
notice below for the inclusion of the additional categories of 
individuals and a full description of the information maintained 
therein.
(2.) Name Change for the Existing Medicare Part D and Part D Subsidy 
File System of Records
    We propose to change the name of the existing system to t he MDB 
File system of records to facilitate and reflect the formation of a 
single repository for the collection and maintenance of all Medicare-
related data.
C. Proposed New Routine Use Disclosures of Data Maintained in the MDB 
File System of Records
1. Establishment of New Routine Uses
    We are proposing to establish five new routine uses to allow 
disclosure of information maintained in the MDB File. The routine uses 
will facilitate disclosures to applicants, claimants, prospective 
applicants or claimants (other than the data subjects and their 
authorized representatives); the Centers for Medicare & Medicaid 
Services; the Railroad Retirement Board; the Office of Personnel 
Management; the Office of Medicare Hearings and Appeals; and the 
Medicare Appeals Council in the Department of Health and Human 
Services, in pursuit of Part B premium reduction based on participation 
in a Part C Medicare Advantage Plan; Medicare Part B and Part C premium 
collection; all Medicare enrollment, premium collection and reduction, 
and Part B premium income-related monthly adjustment amount 
determinations and appeals of determinations.
    Accordingly, proposed new routine uses numbered 17-21 that we are 
adding to the MDF File provide for the disclosure of information as 
follows:

    17. ``To applicants, claimants, prospective applicants or claimants 
(other than the data subjects and their authorized representatives) to 
the extent necessary for the purpose of pursuing Medicare Part B 
premium reduction based on participation in certain Part C Medicare 
Advantage plans;''
    18. ``To applicants, claimants, prospective applicants or claimants 
(other than the data subjects and their authorized representatives) to 
the extent necessary for the purpose of administering Medicare Part A, 
Part B, Medicare Advantage Part C, and Medicare Part D, including but 
not limited to pursuing Medicare Part B, Part C and Part D premium 
collection;''
    19. ``To the Centers for Medicare & Medicaid Services (CMS), for 
the purpose of administering Medicare Part A, Part B, Medicare 
Advantage Part C, and Medicare Part D, including but not limited to: 
Medicare Part C enrollment and premium collection processes; Part D 
enrollment and premium collection processes; Medicare Part B premium 
reduction based on participation in a Part C plan; and Medicare Part B 
enrollment and income-related monthly adjustment amount determinations, 
appeals of determinations, and premium collection;''
    20. ``To CMS, the Railroad Retirement Board and the Office of 
Personnel Management for purposes of administering Part A, Part B, 
Medicare Advantage Part C, and Medicare Part D, including, but not 
limited to, collecting Medicare Part B premiums, which include an 
income-related monthly adjustment amount,'' and
    21. ``To the Office of Medicare Hearings and Appeals and to the 
Medicare Appeals Council in the Department of Health and Human Services 
for purposes of appeals of determinations of Medicare Part B income-
related monthly adjustment amount determinations made by SSA.''
2. Compatibility of Proposed New Routine Uses
    The Privacy Act (5 U.S.C. 552a(b)(3)) and SSA's disclosure 
regulation (20 CFR Part 401) permit us to disclose information under a 
published routine use for a purpose that is compatible with the purpose 
for which we collected the information. The proposed routine uses above 
will ensure efficient administration of SSA programs administered 
through the MDB File. Therefore, the proposed routine uses are 
appropriate and meet the relevant statutory and regulatory criteria.

II. Records Storage Medium and Safeguards for the Proposed MDB File 
System of Records

    The MDB File is a repository of Medicare applicant and beneficiary 
information. Only authorized SSA personnel who have a need for the 
information in the performance of their official duties will be 
permitted access to the information. We will safeguard the security of 
the information by requiring the use of access codes to enter the 
computer systems that will maintain the data and will store 
computerized records in secured areas that are accessible only to 
employees who require the information to perform their official duties. 
Any manually maintained records will be kept in locked cabinets or in 
otherwise secure areas. Furthermore, SSA employees having access to SSA 
databases maintaining personal information must sign a sanction 
document annually, acknowledging their accountability for making 
unauthorized access to, or disclosure of, such information.
    Contractors generally do not have access to the MDB File; however, 
should this change in the future, contractor personnel having access to 
data in the MDB File will be required to adhere to SSA rules concerning 
safeguards, access and use of the data.
    SSA 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).

III. Effect of the Proposed MDB File System of Records on the Rights of 
Individuals

    The proposed alteration to the MDB File system of records pertains 
to SSA's responsibilities in expanding the categories of individuals 
maintained in the file to include beneficiaries who are eligible for 
Medicare Part A, Part B and Medicare Advantage Part C. We will adhere 
to all applicable statutory

[[Page 42161]]

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 alterations will have any unwarranted 
adverse effect on the rights of individuals.

IV. Change in the Name of the Existing Medicare Part D and Part D 
Subsidy File System of Records

    We will change the name of the existing system of records to the 
Medicare Database (MDB) File to reflect the establishment of a single 
repository for all Medicare-related information needed to efficiently 
administer the Medicare Part A, Part B, Medicare Advantage Part C and 
Medicare Part D programs.

    Dated: July 18, 2006.
Jo Anne B. Barnhart,
Commissioner.

Social Security Administration (SSA)

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

60-0321

System Name:
    Medicare Database (MDB) File, Social Security Administration, 
Deputy Commissioner for Disability and Income Security Programs.

Security Classification:
    None.

System Location:
    Social Security Administration, National Computer Center, Office of 
Systems, 6401 Security Boulevard, Baltimore, Maryland 21235.
    Other authorized Federal and State agencies that generally have 
access to information in SSA systems will also have access as needed to 
the MDB File. Contact the system manager for address information.

Categories of Individuals Covered by the System:
    Claimants, applicants, beneficiaries, ineligible spouses and 
potential claimants for Medicare Part A, Medicare Part B, Medicare 
Advantage Part C, Medicare Part D and for Medicare Part D prescription 
drug coverage subsidies.

Categories of Records in the System:
    This file contains the name, Social Security number (SSN) and 
income and resource data of the claimant or potential claimant for Part 
D subsidy; the subsidy application; supporting evidence and 
documentation for eligibility; documentation for income and resource 
verification; supporting evidence and documentation for appeal 
requests; premium payment documentation; correspondence to and from 
claimants and/or personal representatives; and leads information from 
third parties such as social service agencies and hospitals. Further, 
separate files may be maintained of certain actions which are entered 
directly into the MDB file. These relate to reports of changes of 
income and resources and other post-adjudicative reports. Separate data 
are also maintained for statistical purposes (e.g., subsidy denial, and 
demographic and statistical information relating to subsidy decisions).
    This file also contains information about Medicare Part A, Part B, 
Medicare Advantage Part C, and non-subsidy Medicare Part D 
beneficiaries. The information maintained in this system of records is 
collected from beneficiaries for Medicare Part A, Part B, Medicare 
Advantage Part C, Medicare Part D, and other source systems maintained 
by SSA. The information maintained for Part B also include: The 
individual's name and SSN; enrollment information; premium surcharge 
information; information from the Internal Revenue Service about such 
individual's modified adjusted gross income (MAGI) from his/her Federal 
tax return, including adjusted gross income (AGI), and other tax-exempt 
income, and tax filing status for each year that the MAGI exceeds a 
statutory income threshold. Also included is information about MAGI 
provided by a claimant or beneficiary; supporting evidence and 
documentation for new initial determinations and appeal requests; 
Medicare Part B income-related monthly adjustment amount 
determinations; reconsiderations and appeals of Medicare Part B income-
related monthly adjustment amount determinations; information essential 
to the deduction of premiums from Title II monthly benefits from 
Railroad Retirement annuities, Civil Service retirement benefits and 
direct billing by the Centers for Medicare & Medicaid Services; and 
data necessary to providing fiscal accounting of premiums withheld.
    The file may also contain data collected as a result of inquires or 
complaints, and evaluation and measurement studies of the effectiveness 
of Medicare Prescription Drug Improvement and Modernization Act (MMA) 
policies.

Authority for Maintenance of the System:
    Sections 202-205, 223, 226, 228, 1611, 1631, 1818, 1836, 1839, 1840 
and 1860D-1-1860D-15 of the Social Security Act (42 U.S.C. 402-405, 
423, 426, 428, 1382, 1383, 1395i-2, 1395o, 1395r-1, 1395s and 1395w-
101-1395w-115).

Purpose(s):
    The MDB File is used for the collection and maintenance of material 
related to Medicare Part A, Part B, Medicare Advantage Part C, and 
Medicare Part D, including, but not limited to: Part D participation 
and premium deductions, and where applicable, subsidized prescription 
drug coverage eligibility information; Medicare Part B enrollment, 
surcharge and premium reduction information for participants in certain 
Medicare Advantage plans and for maintaining information necessary to 
set income-related monthly adjustment amounts to Part B premiums for 
certain individuals who exceed an income threshold; and Part C premium 
deduction authorized by the MMA. The information in this file is used 
throughout SSA for the purposes of collecting, documenting, organizing 
and maintaining information and documents for making determinations 
about eligibility for subsidized benefits, premium reductions and 
deduction under the MMA.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Disclosures may be made for routine uses as indicated below. 
However, any information defined as ``return or return information'' 
under 26 U.S.C. 6103 of the Internal Revenue Code (IRC) will not be 
disclosed unless authorized by the IRC, 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 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 or any of 
its components is party to litigation or has an interest in such 
litigation, and SSA determines that the use of such records

[[Page 42162]]

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.
    4. Information may be disclosed to DOJ for:
    (a) Investigating and prosecuting violations of the Social Security 
Act to which criminal penalties attach;
    (b) Representing the Commissioner; or
    (c) Investigating issues of fraud by agency officers or employees, 
or violation of civil rights.
    5. To applicants, claimants, prospective applicants or claimants 
(other than the data subjects and their authorized representatives) to 
the extent necessary for the purpose of pursuing Medicare Part D and 
Part D subsidy entitlement or appeal rights.
    6. To Federal, State, or local agencies (or agents on their behalf) 
for administering cash or non-cash income maintenance or health 
maintenance programs (including programs under the Social Security 
Act). Such disclosures include, but are not limited to, release of 
information to:
    (a) The Railroad Retirement Board for administering provisions of 
the Railroad Retirement and Social Security Acts relating to railroad 
employment and for administering the Railroad Unemployment Insurance 
Act;
    (b) The Department of Veterans Affairs (VA) for administering 38 
U.S.C. 412, and upon request, information needed to determine 
eligibility for, or amount of, VA benefits or verifying other 
information with respect thereto;
    (c) The Department of Labor for administering provisions of Title 
IV of the Federal Coal Mine Health and Safety Act, as amended by the 
Black Lung Benefits Act;
    (d) State agencies for making determinations of Medicaid 
eligibility; and
    (e) State agencies for making determinations of food stamp 
eligibility under the food stamp program;
    (f) State audit agencies for auditing Medicaid eligibility 
considerations; and
    (g) State welfare departments pursuant to agreements with SSA for 
administration of State supplementation payments; for enrollment of 
welfare recipients for medical insurance under section 1843 of the Act; 
and for conducting independent quality assurance reviews of 
Supplemental Security Income recipient records, provided that the 
agreement for Federal administration of the supplementation provides 
for such an independent review.
    7. To the Internal Revenue Service, Department of the Treasury, for 
the purpose of auditing SSA's compliance with the safeguard provisions 
of the Internal Revenue Code of 1986, as amended.
    8. To the Centers for Medicare & Medicaid Services (CMS), for the 
purpose of administering Medicare Part D enrollment and premium 
collection and Medicare Advantage Part C premium collections, as well 
as Medicare Part B income-related monthly adjustment amounts.
    9. To Federal and State agencies administering Medicare Part D and 
Part D subsidy under the MMA of 2003. For example, release of 
information to:
    (a) The Bureau of Public Debt, Department of the Treasury;
    (b) The Internal Revenue Service;
    (c) The Office of Personnel Management;
    (d) The Railroad Retirement Board;
    (e) The Veterans Administration; and
    (f) The Office of Child Support Enforcement for the purpose of 
assisting in the verification of eligibility for the prescription drug 
subsidy.
    10. To a Federal, State, or congressional support agency (e.g., the 
Congressional Budget Office and the Congressional Research Service in 
the Library of Congress) for research, evaluation, or statistical 
studies. Such disclosures include, but are not limited to, release of 
information in assessing the extent to which one can predict 
eligibility for Supplemental Security Income (SSI) payments or Social 
Security disability insurance benefits; examining the distribution of 
Social Security benefits by economic and demographic groups and how 
these differences might be affected by possible changes in policy; 
analyzing the interaction of economic and non-economic variables 
affecting entry and exit events and duration in the Title II Old Age, 
Survivors, and Disability Insurance and the Title XVI SSI disability 
programs; and analyzing retirement decisions focusing on the role of 
Social Security benefit amounts, automatic benefit recomputation, the 
delayed retirement credit, and the retirement test, if SSA:
    (a) Determines that the routine use does not violate legal 
limitations under which the record was provided, collected, or 
obtained;
    (b) Determines that the purpose for which the proposed use is to be 
made:
    (i) Cannot reasonably be accomplished unless the record is provided 
in a form that identifies individuals;
    (ii) Is of sufficient importance to warrant the effect on, or risk 
to, the privacy of the individual which such limited additional 
exposure of the record might bring;
    (iii) Has reasonable probability that the objective of the use 
would be accomplished;
    (iv) Is of importance to the Social Security program or the Social 
Security beneficiaries or is for an epidemiological research project 
that relates to the Social Security program or beneficiaries;
    (c) Requires the recipient of information to:
    (i) Establish appropriate administrative, technical, and physical 
safeguards to prevent unauthorized use or disclosure of the record and 
agree to on-site inspection, by SSA's personnel, its agents, or by 
independent agents of the recipient agency, of those safeguards;
    (ii) Remove or destroy the information that enables the individual 
to be identified at the earliest time at which removal or destruction 
can be accomplished consistent with the purpose of the project, unless 
the recipient receives written authorization from SSA that it is 
justified, based on research objectives, for retaining such 
information;
    (iii) Make no further use of the records except
    (a) Under emergency circumstances affecting the health or safety of 
any individual following written authorization from SSA;
    (b) For disclosure to an identified person approved by SSA for the 
purpose of auditing the research project;
    (iv) Keep the data as a system of statistical records. A 
statistical record is one which is maintained only for statistical and 
research purposes and which is not used to make any determination about 
an individual;
    (d) Secures a written statement by the recipient of the information 
attesting to the recipient's understanding of, and willingness to abide 
by, the provisions.
    11. The Department of Homeland Security, Bureau of Citizenship and 
Immigration Services, upon request, to identify and locate aliens in 
the United States pursuant to section 290(b) of the Immigration and 
Nationality Act (8 U.S.C. 1360(b)).
    12. To contractors and other Federal agencies, as necessary, for 
the purpose of assisting SSA in the efficient administration of its 
programs. We contemplate disclosing information under this routine use 
only in situations in which SSA may enter a contractual or similar 
agreement with a third party to assist in accomplishing an agency 
function relating to this system of records.

[[Page 42163]]

    13. Addresses of beneficiaries who are obligated on loans held by 
the Secretary of Education or a loan made in accordance with 20 U.S.C. 
1071, et seq. (the Robert T. Stafford Student Loan Program) may be 
disclosed to the Department of Education as authorized by section 489A 
of the Higher Education Act of 1965.
    14. 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 who need access to personally 
identifiable information in SSA records in order to perform their 
assigned Agency functions.
    15. To Federal, State and local law enforcement agencies and 
private security contractors, as appropriate, information necessary:
     To enable them to protect the safety of SSA employees and 
customers, the security of the SSA workplace and the operation of SSA 
facilities; or
     To assist investigations or prosecutions with respect to 
activities that affect such safety and security or activities that 
disrupts the operation of SSA facilities.
    16. To the General Services Administration (GSA) and the National 
Archives Records Administration (NARA) under 44 U.S.C. 2904 and 2906, 
as amended by the NARA Act of 1984, non-tax return information which is 
not restricted from disclosure by Federal law for the use of those 
agencies in conducting records management studies.
    17. To applicants, claimants, prospective applicants or claimants 
(other than the data subjects and their authorized representatives) to 
the extent necessary for the purpose of pursuing Medicare Part B 
Premium Reduction based on participation in a Medicare Advantage Part C 
Plan.
    18. To applicants, claimants, prospective applicants or claimants 
(other than the data subjects and their authorized representatives) to 
the extent necessary for the purpose of administering Medicare Part A, 
Part B, Medicare Advantage Part C, and Medicare Part D, including, but 
not limited to, pursuing Medicare Part B, Part C and Part D premium 
collection.
    19. To the Centers for Medicare & Medicaid Services, for the 
purpose of administering Medicare Part A, Part B, Medicare Advantage 
Part C, and Medicare Part D, including but not limited to: Medicare 
Part C enrollment and premium collection processes; Part D enrollment 
and premium collection processes; Medicare Part B premium reduction 
based on participation in a Part C plan and Medicare Part B enrollment 
and income-related monthly adjustment amount determinations, appeals of 
determinations, and premium collection.
    20. To the Centers for Medicare & Medicaid Services, the Railroad 
Retirement Board and the Office of Personnel Management for the purpose 
of administering Medicare Part A, Part B, Medicare Advantage Part C, 
and Medicare Part D, including, but not limited to, collecting Medicare 
Part B premiums, some of which include an income-related monthly 
adjustment amount.
    21. To the Office of Medicare Hearings and Appeals and to the 
Medicare Appeals Council in the Department of Health and Human Services 
for purposes of appeals of determinations of Medicare Part B income-
related monthly adjustment amount determinations made by SSA.
    We will disclose information to the Office of Medicare Hearings and 
Appeals and to the Medicare Appeals Council under this routine use only 
for the purpose of assisting that office with appeals of Medicare Part 
B income-related monthly adjustment amount decisions.

Disclosure to Consumer Reporting Agencies:
    Disclosure pursuant to 5 U.S.C. 552a(b)(12) may be made to consumer 
reporting agencies as defined in the Fair Credit Reporting Act (15 
U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 
U.S.C. 3701, et seq.), as amended. The disclosure will be made in 
accordance with 31 U.S.C. 3711(e) when authorized by sections 204(f), 
808(e), or 1631(b)(4) of the Social Security Act (42 U.S.C. 404(f), 
1008(e), or 1383(b)(4)). The purpose of this disclosure is to aid in 
the collection of outstanding debts owed to the Federal government, 
typically, to provide an incentive for debtors to repay delinquent 
Federal government debts by making these debts part of their credit 
records. The information to be disclosed is limited to the individual's 
name, address, SSN, and other information necessary to establish the 
individual's identity, the amount, status, and history of the debt and 
the agency or program under which the debt arose.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Records are maintained electronically. Any manually maintained 
records will be kept in locked cabinets or in otherwise secure areas.

Retrievability:
    Records are retrieved electronically by SSN and alphabetically by 
name.

Safeguards:
    The MDB File is protected through limited access to SSA records. 
Access to the records is limited to those employees who require such 
access in the performance of their official duties. All employees are 
instructed about SSA confidentiality rules as a part of their initial 
orientation training.
    Safeguards for automated records have been established in 
accordance with the Systems Security Handbook. For computerized 
records, electronically transmitted between SSA's central office and 
field office locations (including organizations administering SSA 
programs under contractual agreements), safeguards include a lock/
unlock password system, exclusive use of leased telephone lines, a 
terminal oriented transaction matrix, and an audit trail.

Retention and Disposal:
    Pursuant to 36 CFR 1228.26, SSA will submit to NARA, for approval, 
a schedule for the MDB, no later than one year from implementation of 
this new program. Until a schedule is developed and approved, records 
may not be destroyed.

System Manager(s) and Address:
    Deputy Commissioner, Disability and Income Security Programs, 
Social Security Administration, 6401 Security Boulevard, Baltimore, MD 
21235.

Notification Procedure:
    An individual can determine if this system contains a record about 
him/her by writing to the system 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 or some other means of identification. If an 
individual does not have any 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

[[Page 42164]]

information that parallels information in the record for 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 
to 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(c)).

Record Access Procedures:
    Same as Notification procedures. Requesters should also reasonably 
specify the information they are seeking. These procedures are in 
accordance with SSA regulations (20 CFR 401.40(c)).

Contesting Record Procedures:
    Same as Notification procedures. Requesters should also 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 incomplete, 
untimely, inaccurate or irrelevant. These procedures are in accordance 
with SSA regulations (20 CFR 401.65(a)).

Record Source Categories:
    Information in this system is obtained from claimants, 
beneficiaries, applicants and recipients; accumulated by SSA from 
reports of employers or self-employed individuals; various local, 
State, and Federal agencies; claimant representatives and other sources 
to support factors of entitlement and continuing eligibility or to 
provide leads information.

Systems Exempted From Certain Provisions of the Privacy Act:
    None.


[FR Doc. E6-11782 Filed 7-24-06; 8:45 am]
BILLING CODE 4191-02-P