[Federal Register Volume 78, Number 152 (Wednesday, August 7, 2013)]
[Notices]
[Pages 48170-48171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19014]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services


Privacy Act of 1974; CMS Computer Match No. 2013-12; HHS Computer 
Match No. 1307; SSA Computer Match No. 1097-1899

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

ACTION: Notice of Computer Matching Program (CMP).

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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 CMP that 
CMS plans to conduct with the Social Security Administration (SSA).

DATES: Effective Dates: Comments are invited on all portions of this 
notice. Public comments are due 30 days after publication. The matching 
program will become effective no sooner than 40 days after the report 
of the matching program is sent to the Office of Management and Budget 
(OMB) and Congress, or 30 days after publication in the Federal 
Register, whichever is later.

ADDRESSES: The public should send comments to: CMS Privacy Officer, 
Division of Privacy Policy, Privacy Policy and Compliance Group, Office 
of E-Health Standards & Services, Offices of Enterprise Management, 
CMS, Room S2-24-25, 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 9:00 a.m.-3:00 p.m., Eastern Time zone.

FOR FURTHER INFORMATION CONTACT: Aaron Wesolowski, Director, 
Verifications Policy & Operations Branch, Division of Eligibility and 
Enrollment Policy and Operations, Center for Consumer Information and 
Insurance Oversight, CMS, 7501 Wisconsin Avenue, Bethesda, MD 20814, 
Office Phone: (301) 492-4416, Facsimile: (443) 380-5531, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The Computer Matching and Privacy Protection 
Act 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

[[Page 48171]]

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 (SOR) 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 Board 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.
    This matching program meets the requirements of the Privacy Act of 
1974, as amended.

    Dated: July 31, 2013.
Michelle Snyder,
Chief Operating Officer, Centers for Medicare & Medicaid Services.
CMS Computer Match No. 2013-12
HHS Computer Match No. 1307
SSA Computer Match No. 1097-1899

NAME:
    ``Computer Matching Agreement between the Department of Health and 
Human Services, Centers for Medicare & Medicaid Services and the Social 
Security Administration for Determining Enrollment or Eligibility for 
Insurance Affordability Programs under the Patient Protection and 
Affordable Care Act''.

SECURITY CLASSIFICATION:
    Unclassified.

PARTICIPATING AGENCIES:
    Department of Health and Human Services (HHS), Centers for Medicare 
& Medicaid Services (CMS), and the Social Security Administration 
(SSA).

AUTHORITY FOR CONDUCTING MATCHING PROGRAM:
    Sections 1411 and 1413 of the Patient Protection and Affordable 
Care Act of 2010 (Pub. L. 111-148), as amended by the Health Care and 
Education Reconciliation Act of 2010 (Pub. L. 111-152) (collectively, 
the ACA) require the Secretary of HHS to establish a program for 
determining eligibility for certain Insurance Affordability Programs, 
certifications of Exemption, and authorize use of secure, electronic 
interfaces and an on-line system for the verification of eligibility.

PURPOSE(S) OF THE MATCHING PROGRAM:
    The purpose of the Computer Matching Agreement (CMA) is to 
establish the terms, conditions, safeguards, and procedures under which 
SSA will disclose information to CMS in connection with the 
administration of Insurance Affordability Programs under the ACA and 
its implementing regulations. SSA will provide data to CMS and CMS will 
use SSA data needed to make initial Eligibility Determinations, 
eligibility Redeterminations and Renewal decisions, including appeal 
determinations, for Insurance Affordability Programs and certifications 
of Exemption. Insurance Affordability Programs include:
    1. Qualified Health Plan through an Exchange established under the 
ACA,
    2. Advance payments of the premium tax credit and cost sharing 
reductions,
    3. Medicaid,
    4. Children's Health Insurance Program, and
    5. Basic Health Program.
    As set forth in the CMA, SSA will provide CMS the following 
information when relevant: (1) Social Security number (SSN) 
verifications, (2) a death indicator, (3) an indicator of a finding of 
disability by SSA under title II of the Social Security Act, (4) 
prisoner data, (5) monthly and annual Social Security benefit 
information under title II of the Social Security Act, (6) quarters of 
coverage, and (7) confirmation that an allegation of citizenship is 
consistent with SSA records.

DESCRIPTION OF RECORDS TO BE USED IN THE MATCHING PROGRAM:
    The matching program will be conducted with data maintained by CMS 
in the Health Insurance Exchanges System (HIX), CMS System No. 09-70-
0560, as amended, published at 78 FR 8538 (Feb. 6, 2013) and 78 FR 
32256 (May 29, 2013).
    The matching program will also be conducted with data maintained by 
SSA in the following SORs:
     Master Files of SSN Holders and SSN Applications, SSA/
OEEAS, 60-0058, 75 FR 82121 (December 29, 2010), as amended 78 FR 40542 
(July 5, 2013);
     Prisoner Update Processing System (PUPS), SSA/OPB, 60-
0269, 64 FR 11076 (March 8, 1999), as amended 72 FR 69723 (December 10, 
2007) and 78 FR 40542 (July 5 2013);
     Master Beneficiary Record, SSA/ORSIS, 60-0090, 71 FR 1826 
(January 11, 2006), as amended 72 FR 69723 (December 10, 2007) and 78 
FR 40542 (July 5, 2013);
     Earnings Recording and Self-Employment Income System, SSA/
OEEAS, 60-0059, 71 FR 1819 (January 11, 2006), as amended 78 FR 40542 
(July 5, 2013).

INCLUSIVE DATES OF THE MATCH:
    The CMP will 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, 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. 2013-19014 Filed 8-6-13; 8:45 am]
BILLING CODE 4120-01-P