[Federal Register Volume 85, Number 32 (Tuesday, February 18, 2020)]
[Notices]
[Pages 8873-8874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03051]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services


Privacy Act of 1974; Matching Program

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

ACTION: Notice of New Matching Program.

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SUMMARY: In accordance with subsection (e)(12) of the Privacy Act of 
1974, as amended, the Department of Health and Human Services (HHS), 
Centers for Medicare & Medicaid Services (CMS) is providing notice of a 
new matching program between CMS and the Department of the Treasury 
(Treasury), Internal Revenue Services (IRS), ``Verification of 
Household Income and Family Size for Insurance Affordability Programs 
and Exemptions.''

DATES: The deadline for comments on this notice is March 19, 2020. The 
re-established matching program will commence not sooner than 30 days 
after publication of this notice, provided no comments are received 
that warrant a change to this notice. The matching program will be 
conducted for an initial term of 18 months (from approximately April 
2020 to October 2021) and within 3 months of expiration may be renewed 
for one additional year if the parties make no change to the matching 
program and certify that the program has been conducted in compliance 
with the matching agreement.

ADDRESSES: Interested parties may submit comments on the new matching 
program to the CMS Privacy Officer by mail at: Division of Security, 
Privacy Policy & Governance, Information Security & Privacy Group, 
Office of Information Technology, Centers for Medicare & Medicaid 
Services, Location: N1-14-56, 7500 Security Blvd., Baltimore, MD 21244-
1850, or [email protected].

FOR FURTHER INFORMATION CONTACT: If you have questions about the 
matching program, you may contact Anne Pesto, Senior Advisor, 
Marketplace Eligibility and Enrollment Group, Center for Consumer 
Information and Insurance Oversight, Centers for Medicare & Medicaid 
Services, at 410-786-3492, by email at [email protected], or by 
mail at 7500 Security Blvd., Baltimore, MD 21244.

SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, as amended (5 
U.S.C. 552a) provides certain protections for individuals applying for 
and receiving federal benefits. The law governs the use of computer 
matching by federal agencies when records in a system of records 
(meaning, federal agency records about individuals retrieved by name or 
other personal identifier) are matched with records of other federal or 
non-federal agencies. The Privacy Act requires agencies involved in a 
matching program to:
    1. Enter into a written agreement, which must be prepared in 
accordance with the Privacy Act, approved by the Data Integrity Board 
of each source and recipient federal agency, provided to Congress and 
the Office of Management and Budget (OMB), and made available to the 
public, as required by 5 U.S.C. 552a(o), (u)(3)(A), and (u)(4).
    2. Notify the individuals whose information will be used in the 
matching program that the information they provide is subject to 
verification through matching, as required by 5 U.S.C. 552a(o)(1)(D).
    3. Verify match findings before suspending, terminating, reducing, 
or making a final denial of an individual's benefits or payments or 
taking other adverse action against the individual, as required by 5 
U.S.C. 552a(p).
    4. Report the matching program to Congress and the OMB, in advance 
and annually, as required by 5 U.S.C. 552a(o) (2)(A)(i), (r), and 
(u)(3)(D).
    5. Publish advance notice of the matching program in the Federal 
Register as required by 5 U.S.C. 552a(e)(12).
    This matching program meets these requirements.

Barbara Demopulos,
Privacy Advisor, Division of Security, Privacy Policy and Governance, 
Information Security and Privacy Group, Office of Information 
Technology, Centers for Medicare & Medicaid Services.

Participating Agencies

    The Department of Health and Human Services (HHS), Centers for 
Medicare & Medicaid Services (CMS) is the recipient agency, and the 
Department of the Treasury (Treasury), Internal Revenue Services (IRS) 
is the source agency.

Authority for Conducting the Matching Program

    The statutory authority for the matching program is 42 U.S.C. 
18001.

Purpose(s)

    The purpose of the matching program is to provide CMS with IRS 
return information which CMS and state-based administering entities 
(AEs) will use to verify household income and family size for 
applicants and enrollees receiving eligibility determinations and 
redeterminations for benefits including: enrollment in a Qualified 
Health Plan (QHP) or a state's Basic Health Plan (BHP) through the 
federally-facilitated Exchange (FFE) or a state-based Exchange (SBE); 
advance payments of the premium tax credit (APTC); a cost sharing 
reduction (CSR); Medicaid and the Children's Health Insurance Program 
(CHIP); and certain certificates of exemption.

Categories of Individuals

    The individuals whose information will be used in the matching 
program are consumers (applicants and enrollees) who receive the 
eligibility determinations and redeterminations described in the 
preceding Purpose(s) section (in particular, taxpayers whose return 
information is requested from IRS to verify an applicant's or 
enrollee's household income and family size).

[[Page 8874]]

Categories of Records

    The categories of records used in the matching program are identity 
information and return information (specifically, household income and 
family size information). To request return information from IRS, CMS 
will provide IRS with the relevant taxpayer's name, social security 
number (SSN), and relationship to the applicant(s) or enrollee(s) 
(i.e., primary, spouse, or dependent). When IRS is able to match the 
SSN and name provided by CMS and return information is available, IRS 
will disclose to CMS the following items of return information with 
respect to that taxpayer:
    1. SSN;
    2. family size;
    3. tax filing status;
    4. modified adjusted gross income (MAGI);
    5. taxable year with respect to which the preceding information 
relates or, if applicable, the fact that such information is not 
available; and
    6. any other specified item of return information authorized 
pursuant to 26 U.S.C. 6103(1)(21) and its implementing regulations.

System(s) of Records

    The records used in this matching program will be disclosed from 
the following systems of records, as authorized by routine uses 
published in the System of Records Notices (SORNs) cited below:

A. System of Records Maintained by CMS

     CMS Health Insurance Exchanges System (HIX), CMS System 
No. 09-70-0560, last published in full at 78 FR 63211 (Oct. 23, 2013), 
as amended at 83 FR 6591 (Feb. 14, 2018).

B. System of Records Maintained by IRS

     Customer Account Data Engine (CADE) Individual Master 
File, Privacy Act SOR Treasury/IRS 24.030, published at 80 FR 54064 
(Sept. 8, 2015).

[FR Doc. 2020-03051 Filed 2-14-20; 8:45 am]
BILLING CODE 4120-03-P