[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Notices]
[Pages 14123-14124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05192]


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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 a 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 computer matching program between CMS and the 
Department of Homeland Security (DHS)/United States Citizenship and 
Immigration Services (USCIS), ``Verification of United States 
Citizenship and Immigration Status Data for Eligibility 
Determinations.''

DATES: The deadline for comments on this notice is April 12, 2021. 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 
20, 2021 to October 19, 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 by mail at: Director, Division of Security, Privacy Policy & 
Governance, Information Security & Privacy Group, Office of Information 
Technology, CMS, 7500 Security Blvd., Baltimore, MD 21244-1870, 
Mailstop: N1-14-56, or by email to: [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

[[Page 14124]]

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, 
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 Homeland Security (DHS), United States Citizenship and 
Immigration Services (USCIS) is the source agency.

Authority for Conducting the Matching Program

    The principal authority for conducting the matching program is 42 
U.S.C. 18001 et seq.

Purpose(s)

    The matching program will provide CMS with USCIS data 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 for 
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, citizenship, and immigration status records. The data 
elements are described below.
    To request information from USCIS, CMS will submit a file to SSA 
that contains the following mandatory data elements: Last Name; First 
Name; Middle Name; Date of Birth; One or More Immigration Number(s) 
(e.g., Alien Registration/USCIS Number, Arrival-Departure Record I-94 
Number, SEVIS ID Number, Certificate of Naturalization Number, 
Certificate of Citizenship Number, or Unexpired Foreign Passport 
Number); and Other Information From Immigration Documentation (e.g., 
Country of Birth, Date of Entry, Employment Authorization Category).
    When USCIS is able to match the information provided by CMS, USCIS 
will provide CMS with the following about each individual, as relevant: 
Last Name; First Name; Middle Name; Date of Birth; One or More 
Immigration Number(s) (e.g., Alien Registration/USCIS Number, Arrival-
Departure Record I-94 Number, SEVIS ID Number, Certificate of 
Naturalization Number, Certificate of Citizenship Number, or Unexpired 
Foreign Passport Number); Citizenship or Immigration Data (e.g., 
immigration class of admission and/or employment authorization); 
Sponsorship Data (e.g., name, address, and social security number of 
Form I-864/I-864EZ sponsors and Form I-864A household members, when 
applicable); and Case Verification Number.

System(s) of Records

    The records used in this matching program are 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), 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 supports CMS' disclosures to 
USCIS for use in this matching program.

B. System of Records Maintained by USCIS

    DHS/USCIS-004 Systematic Alien Verification for Entitlements 
Program, 85 FR 31798 (May 27, 2020). Routine use I permits USCIS' 
disclosures to CMS.

[FR Doc. 2021-05192 Filed 3-11-21; 8:45 am]
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