[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Notices]
[Pages 64464-64465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22568]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services


Privacy Act of 1974

    CMS Computer Match No. 2016-08; HHS Computer Match No. 1606; 
Effective Date--April 2, 2016; Expiration Date--October 2, 2017

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

ACTION: Corrected Notice of Computer Matching Program (CMP).

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SUMMARY: This notice is being republished in its entirety to correct 
the expiration date published in the heading of the notice at 81 FR, 
8075, February 17, 2016. The expiration date should read October 2, 
2017 instead of October 2, 2016. In accordance with the requirements of 
the Privacy Act of 1974, as amended, this notice announces the re-
establishment of a CMP that CMS plans to conduct with the Internal 
Revenue Service (IRS), a Bureau of the Department of the Treasury.

DATES: Effective Dates: The matching program described in the matching 
notice published on February 17, 2016 became effective on April 2, 
2016, based on that notice; this notice, correcting the expiration date 
of the matching program and republishing the full text of the matching 
notice, is effective upon publication. The effective date of the 
Computer Matching Agreement (CMA) is April 2, 2016. The following 
review periods elapsed prior to April 2, 2016: thirty (30) days from 
the date CMS published the February 17, 2016 Notice of Computer 
Matching in the Federal Register; thirty (30) days from the date the 
matching program report was transmitted to the Congressional committees 
of jurisdiction consistent with the provisions of 5 U.S.C. 552a(r), 
(o)(2)(A), and (o)(2)(B); and forty (40) days from the date the 
matching program report was sent to OMB, consistent with the provisions 
of 5 U.S.C. 552a(r) and OMB Circular A-130, Revised (Transmittal 
Memorandum No. 4), November 28, 2000, Appendix I, entitled ``Federal 
Agency Responsibilities for Maintaining Records about Individuals'' (A-
130 Appendix I).

ADDRESSES: The public may send comments to: CMS Privacy Officer, 
Division of Security, Privacy Policy & Governance, Information Security 
& Privacy Group, Office of Enterprise Information, CMS, Room N1-24-08, 
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: Elizabeth Kane, Acting Director, 
Verifications Policy & Operations Division, Eligibility and Enrollment 
Policy and Operations Group, Center for Consumer Information and 
Insurance Oversight, CMS, 7501 Wisconsin Avenue, Bethesda, MD 20814, 
Office Phone: (301) 492-4418, Facsimile: (443) 380-5531, e-mail: 
[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

[[Page 64465]]

denying an individual's benefits or payments.
    This matching program meets the requirements of the Privacy Act of 
1974, as amended.

Walter Stone,
 Privacy Act Officer, Centers for Medicare & Medicaid Services.
CMS Computer Match No. 2016-08

HHS Computer Match No. 1606

NAME:
    ``Computer Matching Agreement between the Department of Health and 
Human Services, Centers for Medicare & Medicaid Services, and the 
Department of the Treasury, Internal Revenue Service, for the 
Verification of Household Income and Family Size for Insurance 
Affordability Programs and Exemptions''.

SECURITY CLASSIFICATION:
    Unclassified.

PARTICIPATING AGENCIES:
    Department of Health and Human Services (HHS), Centers for Medicare 
& Medicaid Services (CMS), and Department of the Treasury, Internal 
Revenue Service (IRS).

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 state health subsidy programs, and 
certifications of exemption; and authorize use of secure, electronic 
interfaces and an on-line system for the verification of eligibility.
    Section 1414 of the ACA amended 26 U.S.C. Sec.  6103 to add 
paragraph (l)(21), which authorizes the disclosure of certain items of 
return information as part of the Eligibility Determination process for 
enrollment in the following state health subsidy programs: advance 
payments of the premium tax credit (APTC) under Sections 1401, 1411 and 
1412 of the ACA; cost-sharing reductions (CSRs) under Section 1402 of 
the ACA; Medicaid and the Children's Health Insurance Program (CHIP), 
under titles XIX and XXI of the Social Security Act, pursuant to 
Section 1413 of the ACA; or a State's Basic Health Program (BHP), if 
applicable, under Section 1331 of the ACA.

PURPOSE(S) OF THE MATCHING PROGRAM:
    The purpose of the Computer Matching Agreement (CMA) is to re-
establish the terms, conditions, safeguards, and procedures governing 
the disclosures of return information by IRS to CMS and by CMS to 
entities administering Medicaid, CHIP, or Basic Health Programs, and 
state-based Exchanges (also, called Marketplaces) through the CMS Data 
Services Hub to support the verification of household income and family 
size for an applicant receiving an eligibility determination under the 
ACA.
    Return information will be matched by CMS in its capacity as the 
Federally-facilitated Exchange (also, known as the Federally-
facilitated Marketplace) or by an administering entity for the purpose 
of determining eligibility for state health subsidy programs (APTC, 
CSR, Medicaid, CHIP or a BHP). Return information will also be matched 
for determining eligibility for certain certificates of exemption.

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 Federal Register (FR) 8538 (Feb. 6, 
2013), 78 FR 32256 (May 29, 2013) and 78 FR 63211 (October 23, 2013).
    The matching program will also be conducted with specified Return 
Information maintained by IRS in the Customer Account Data Engine 
(CADE) Individual Master File, Treasury/IRS 24.030, published at 77 FR 
47948 (August 10, 2012).

INCLUSIVE DATES OF THE MATCH:
    The effective date of the CMA is April 2, 2016, provided that the 
following review periods have lapsed: Thirty (30) days from the date 
CMS publishes a Notice of Computer Matching in the Federal Register; 
thirty (30) days from the date the matching program report is 
transmitted to the Congressional committees of jurisdiction consistent 
with the provisions of 5 U.S.C. Sec. Sec.  552a (r), (o)(2)(A), and 
(o)(2)(B); and forty (40) days from the date the matching program 
report is sent to OMB, consistent with the provisions of 5 U.S.C. Sec.  
552a (r) and OMB Circular A-130, Revised (Transmittal Memorandum No. 
4), November 28, 2000, Appendix I, entitled ``Federal Agency 
Responsibilities for Maintaining Records about Individuals'' (A-130 
Appendix I). 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. 2016-22568 Filed 9-19-16; 8:45 am]
 BILLING CODE 4120-03-P