[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]
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