[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Notices]
[Pages 50419-50420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20173]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services


Privacy Act of 1974; CMS Computer Match No. 2013-10; HHS Computer 
Match No. 1310

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 Department of Homeland Security (DHS), 
United States Citizenship and Immigration Services (USCIS).

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, E-Mail: 
[email protected].

SUPPLEMENTARY INFORMATION: The Computer Matching and Privacy Protection 
Act of 1988 (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

[[Page 50420]]

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 14, 2013.
Michelle Snyder,
Chief Operating Officer, Centers for Medicare & Medicaid Services.

CMS Computer Match No. 2013-10; HHS Computer Match No. 1310

    Name: ``Computer Matching Agreement between the Centers for 
Medicare & Medicaid Services and the Department of Homeland Security, 
United States Citizenship and Immigration Services, for the 
Verification of United States Citizenship and Immigration Status Data 
for Eligibility Determinations''.
    Security Classification: Unclassified.
    Participating Agencies: Department of Health and Human Services 
(HHS), Centers for Medicare & Medicaid Services (CMS), and Department 
of Homeland Security (DHS), United States Citizenship and Immigration 
Services (USCIS).
    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 and certifications of Exemption; in 
addition, these sections authorize use of secure, electronic interfaces 
and an on-line system for the verification of data and information 
related to Eligibility Determinations.
    Purpose(s) of the Matching Program: The purpose of the Computer 
Matching Agreement is to establish the terms, conditions, safeguards, 
and procedures under which USCIS will provide records, information, or 
data to CMS. CMS will access USCIS data needed to make Eligibility 
Determinations in its capacity as a Federally-facilitated Exchange, and 
Administering Entities (state agencies that administer Medicaid or the 
Children's Health Insurance Program, and State-based Exchanges) will 
receive the results of verifications using USCIS data accessed through 
the CMS Data Services Hub to make Eligibility Determinations. 
Eligibility Determinations include initial determinations made upon 
application, renewals, annual or periodic redeterminations, and 
appeals.
    Data will be matched by CMS for the purpose of Eligibility 
Determinations enrollment in Insurance Affordability Programs and 
Eligibility Determinations for Exemptions. Specifically, USCIS will 
provide CMS with electronic access to immigrant, nonimmigrant, and 
naturalized or derived citizen status information contained within or 
accessed by the USCIS Verification Information System. Access to this 
information will assist with verification whether an applicant is 
lawfully present, a qualified non-citizen, a naturalized or derived 
citizen, and whether the 5 year bar applies and has been met in order 
to determine eligibility for the previously mentioned programs.
    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 FR 8538 (Feb. 6, 2013) and 78 FR 32256 (May 29, 2013).
    The matching program will also be conducted with data maintained by 
DHS in the Systematic Alien Verification for Entitlements (SAVE) System 
of Records Notice (SAVE SORN): DHS/USCIS-004 Systematic Alien 
Verification for Entitlements Program System of Records Notice, 77 FR 
47415 (August 8, 2012).
    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. 2013-20173 Filed 8-16-13; 8:45 am]
BILLING CODE 4120-01-P