[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Notices]
[Pages 73719-73720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25551]


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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 
the re-establishment of a matching program between CMS and the Social 
Security Administration (SSA), ``Determining Enrollment or Eligibility 
for Insurance Affordability Programs Under the Patient Protection and 
Affordable Care Act.''

DATES: The deadline for comments on this notice is December 21, 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 
March 9, 2021 to September 8, 2022) and within three 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

[[Page 73720]]

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, 
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 
Social Security Administration (SSA) is the source agency.

AUTHORITY FOR CONDUCTING THE MATCHING PROGRAM:
    The statutory authority for the matching program is 42 U.S.C. secs. 
18081 and 18083.

PURPOSE(S):
    The purpose of the matching program is to provide CMS with SSA 
information which CMS and state-based administering entities will use 
to determine individuals' eligibility for initial enrollment in a 
Qualified Health Plan through an Exchange established under the Patient 
Protection and Affordable Care Act, for Insurance Affordability 
Programs (IAPs), and certificates of exemption from the shared 
responsibility payment; and to make eligibility redeterminations and 
renewal decisions, including appeal determinations. IAPs include:
    1. Advance payments of the premium tax credit (APTC) and cost 
sharing reductions (CSRs),
    2. Medicaid,
    3. Children's Health Insurance Program (CHIP), and
    4. Basic Health Program (BHP).

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.

CATEGORIES OF RECORDS:
    The categories of records used in the matching program are identity 
information, citizenship, death/disability indicators, incarceration 
information, and income. To request information from SSA, CMS will 
submit a submission file to SSA that contains the following mandatory 
specified data elements: Last name, first name, date of birth, Social 
Security Number (SSN), and citizenship indicator. When SSA is able to 
match the SSN and name provided by CMS and information is available, 
SSA will provide CMS with the following about each individual, as 
relevant: Last name, first name, date of birth, death indicator, 
disability indicator, incarceration information, Title II (annual and 
monthly) income information, and confirmation of attestations of 
citizenship status and SSN. SSA may also provide Quarters of Coverage 
data when CMS requests it.

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), and 
amended at 83 FR 6591 (Feb. 14, 2018). Routine use 3 authorizes CMS' 
disclosures of identifying information about applicants to SSA for use 
in this matching program.

B. Systems of Records Maintained by SSA
    The SSA SORNs and routine uses that support this matching program 
are identified below:
    (1) Master Files of SSN Holders and SSN Applications, 60-0058, last 
fully published at 75 FR 82121 (Dec. 29, 2010) and amended at 78 FR 
40542 (July 5, 2013), 79 FR 8780 (Feb. 13, 2014), 83 FR 31250 (July 3, 
2018), and 83 FR 54969 (Nov. 1, 2018);
    (2) Prisoner Update Processing System (PUPS), 60-0269, last fully 
published at 64 FR 11076 (Mar. 8, 1999) and amended at 72 FR 69723 
(Dec. 10, 2007), 78 FR 40542 (July 5, 2013), and 83 FR 54969 (Nov. 1, 
2018);
    (3) Master Beneficiary Record, 60-0090, last fully published at 71 
FR 1826 (Jan. 11, 2006), and amended at 72 FR 69723 (Dec. 10, 2007), 78 
FR 40542 (July 5, 2013), 83 FR 31250 (July 3, 2018) and 83 FR 54969 
(Nov. 1, 2018);
    (4) Earnings Recording and Self-Employment Income System, 60-0059, 
last fully published at 71 FR 1819 (Jan. 11, 2006) and amended at 78 FR 
40542 (July 5, 2013) and 83 FR 54969 (Nov. 1, 2018).

[FR Doc. 2020-25551 Filed 11-18-20; 8:45 am]
BILLING CODE 4120-03-P