[Federal Register Volume 78, Number 157 (Wednesday, August 14, 2013)]
[Notices]
[Pages 49525-49526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19719]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services


Privacy Act of 1974; CMS Computer Match No. 2013-06; HHS Computer 
Match No. 1308

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,

[[Page 49526]]

as amended, this notice announces the establishment of a CMP that CMS 
plans to conduct with the Veterans Health Administration (VHA), an 
Administration of the Department of Veterans Affairs (VA).

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 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 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: August 9, 2013.
Michelle Snyder,
Chief Operating Officer, Centers for Medicare & Medicaid Services.
CMS Computer Match No. 2013-06
HHS Computer Match No. 1308

NAME:
    ``Computer Matching Agreement between the Department of Health and 
Human Services, Centers for Medicare & Medicaid Services, and the 
Department of Veterans Affairs, Veterans Health Administration, for the 
Determination of Eligibility for the Advance Premium Tax Credit and 
Cost Sharing Reductions under the Affordable Care Act''

SECURITY CLASSIFICATION:
    Unclassified

PARTICIPATING AGENCIES:
    Department of Health and Human Services (HHS), Centers for Medicare 
& Medicaid Services (CMS), and Department of Veterans Affairs (VA), 
Veterans Health Administration (VHA).

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 
applying for and determining eligibility for advance payments of the 
premium tax credit and cost sharing reductions 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 is to establish the 
terms, conditions, safeguards, and procedures under which VHA will 
provide records, information, or data to CMS for making eligibility 
determinations for advance payments of the premium tax credit (APTC) 
and cost sharing reductions (CSR). The data will be used by CMS in its 
capacity as a Federally-facilitated Exchange, and by State-based 
Exchanges that will receive the results of verifications using VHA data 
obtained through the CMS Data Services Hub.
    Data will be matched for the purpose of assisting CMS or a State-
based Exchange to determine eligibility for the following benefits: (1) 
APTC under 26 U.S.C. Sec.  36B and (2) CSR under Section 1402 of the 
ACA. Specifically, CMS will use VHA data to verify an Applicant or 
Enrollee's eligibility for VHA health care programs that constitute 
minimum essential coverage as defined in section 5000A(f) of the 
Internal Revenue Code of 1986, 26 U.S.C. Sec.  5000A, as amended by 
Sec.  1501 of the ACA.

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 (HIX) Program, CMS System No. 09-70-
0560, as amended. The system is described in System of Records Notices 
(SORNs) published at 78 Federal Register (Fed. Reg.) 8538 (Feb. 6, 
2013) and 78 Fed. Reg. 32256 (May 29, 2013).
    The matching program will also be conducted with data maintained in 
two VHA systems of records. The VHA systems are described in the 
following SORNs:
     147VA16 Enrollment and Eligibility Records (VA) published 
at 74 Fed. Reg. 44901 (August 31, 2009);
     54VA16 Health Administration Center Civilian Health 
Medical Record--VA (CHAMPVA), and Spina Bifida Healthcare Program 
published at 74 Fed. Reg. 34398 (July 15, 2009).

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. 2013-19719 Filed 8-13-13; 8:45 am]
BILLING CODE 4120-03-P