[Federal Register Volume 87, Number 118 (Tuesday, June 21, 2022)]
[Notices]
[Pages 36889-36892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13216]


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OFFICE OF PERSONNEL MANAGEMENT


Privacy Act of 1974; System of Records

AGENCY: Office of Personnel Management.

ACTION: Notice of new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Office of 
Personnel Management (OPM) proposes to establish a new system of 
records titled ``OPM/Central-26, FEDVIP, FLTCIP, and FSAFEDS Records.'' 
This system of records contains information about individuals and their 
family members who have applied for, are enrolled in, or have been 
enrolled in any of three benefit programs administered by OPM: the 
Federal Employees Dental and Vision Insurance Program (FEDVIP), the 
Federal Long Term Care Insurance Program (FLTCIP), and the Federal 
Flexible Spending Account Program (FSAFEDS). This newly established 
system of records will be included in OPM's inventory of record 
systems.

DATES: Please submit comments on or before July 21, 2022. This new 
system is effective upon publication in the Federal Register, with the 
exception of the routine uses, which become effective July 26, 2022.

ADDRESSES: You may submit written comments by the following method:
    Federal Rulemaking Portal ( https://www.regulations.gov): Follow 
the instructions for submitting comments. All submissions received must 
include the agency name and docket number for this Federal Register 
document. The general policy for comments and other submissions from 
members of the public is to make these submissions available for public 
viewing at https://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact 
Dyan Dyttmer, 202-606-1412. For privacy questions, please contact 
Kellie Cosgrove Riley, Chief Privacy Officer, 202-360-6065.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
5 U.S.C. 552a, the Office of Personnel Management proposes to establish 
a new system of records titled ``OPM/Central-26, FEDVIP, FLTCIP, and 
FSAFEDS Records.'' This system of records is being established to 
support OPM's administration of the Federal Employees Dental and Vision 
Insurance Program (FEDVIP), the Federal Long Term Care Insurance 
Program (FLTCIP), and the Federal Flexible Spending Account Program 
(FSAFEDS) and will contain information about individuals and their 
family members who have applied for, are covered under, or have been 
covered under one or more of these programs. The primary purpose of 
this system of records is to support the administration of these three 
programs, including enrollment confirmation, enrollment transactions, 
and premium/allotment processing and reconciliation, as well as to 
evaluate the effectiveness of these programs through statistical 
analysis, policy planning, and reporting.
    FEDVIP is the Federal program that provides dental and vision 
insurance to eligible individuals, including Federal and United States 
Postal Service employees and annuitants, employees of the District of 
Columbia courts, miscellaneous groups enumerated at 5 U.S.C. 8901(1), 
retired members of the uniformed services, survivors of uniformed 
service members, and their eligible family members (dental and vision), 
family members of active duty uniformed services members, and reserve 
members of the uniformed services and their eligible family members 
(vision only). Under certain circumstances, a family member of a 
sponsor \1\ may enroll in FEDVIP even though the sponsor is not an 
enrollee. In these circumstances where the sponsor is not an enrollee, 
the TRICARE Eligible Individual (TEI) family member may accept 
responsibility as ``TEI certifying family member'' to self-certify as 
an enrollee. Individuals eligible for FEDVIP enroll voluntarily for 
dental and/or vision insurance. Eligible individuals pay 100 percent of 
the premium for the plan they select. Individuals have the opportunity 
to enroll upon entry on duty and the opportunity to enroll or change 
enrollment during the annual Federal Benefits Open Season or upon 
experiencing a qualifying life event (QLE), such as marriage or the 
birth of a child. Individuals eligible for FEDVIP enroll using a secure 
enrollment website operated by an OPM contractor.
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    \1\ Under 5 CFR 894.101, a sponsor is defined as the individual 
who is eligible for medical or dental benefits under 10 U.S.C. 
chapter 55 based on his or her direct affiliation with the uniformed 
services (including members of the National Guard and Reserves), in 
accordance with Sec.  894.804. The relationship to a sponsor conveys 
TEI status to a TEI family member.
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    FLTCIP is the Federal program that provides group long-term care 
insurance to eligible Federal and United States Postal Service 
employees and annuitants, active and retired members of the uniformed 
services, and their qualified relatives. Individuals eligible for 
FLTCIP pay 100 percent of the premium for the plan they select. 
Eligible individuals may apply at any time by completing a full 
underwriting application. There is no regular open season for FLTCIP 
enrollment. Individuals eligible for FLTCIP may apply by accessing 
information and application materials from a website operated by an OPM 
contractor and submitting an application to this contractor.
    FSAFEDS is the Federal program that permits employees of the 
Executive Branch of the Federal Government, the United States Postal 
Service, and the other adopting employers of the Federal Flexible 
Benefits Plan (``FedFlex'') to set aside pre-tax earnings to pay for 
eligible health care expenses with a Health Care or Limited Expense 
Health Care Flexible Spending Account (FSA or LEXFSA) and to pay for 
eligible child care or elder care expenses with a Dependent Care FSA. 
Individuals have the opportunity to enroll upon entry on duty, during 
the annual Federal Benefits Open Season and have the opportunity to 
enroll or change enrollment upon experiencing a QLE, such as marriage 
or the birth of a child. Individuals eligible for FSAFEDS enroll using 
a secure

[[Page 36890]]

enrollment website operated by an OPM contractor.
    OPM uses several contractors to assist in the administration of 
these programs. One contractor operates BENEFEDS, an enrollment and 
premium processing portal (www.BENEFEDS.com and a toll-free number). 
BENEFEDS administers enrollment and premium payment processes for 
FEDVIP, administers premium payment processes for FLTCIP, and 
administers allotment collection for FSAFEDS. BENEFEDS is also 
responsible for processing billing, payment, and reconciliation tasks 
for these three programs. BENEFEDS communicates enrollment information 
directly to FEDVIP Carriers contracting with OPM to provide dental and 
vision insurance. BENEFEDS also communicates enrollment information to 
various Federal civilian and military payroll systems, OPM Retirement 
Services (RS), and other retirement systems for premium/allotment 
processing. BENEFEDS also communicates with Federal agencies, OPM RS, 
and other retirement systems to confirm enrollment.
    OPM also uses a contractor to administer FLTCIP, including 
enrollment, underwriting, long-term claims processing, and maintenance 
of the program website (www.LTCFEDS.com and a toll-free number). OPM 
uses another contractor to operate the enrollment and claims processing 
website for FSAFEDS (www.FSAFEDS.com and a toll-free number).
    The records contained in this new system of records to date have 
been included in OPM/Central-1, Civil Service Retirement and Insurance 
Records system of records (OPM/Central-1). However, OPM's 
organizational structure and its retirement and insurance programs have 
evolved, and OPM has determined that OPM/Central-1 no longer provides 
the public with clear and informative notice regarding the system of 
records, nor adequately facilitates individuals' ability to exercise 
their rights under the Privacy Act and OPM's ability to respond 
effectively.
    Accordingly, OPM is in the process of regrouping the records 
currently contained in OPM/Central-1 and publishing the corresponding 
system of records notices. Additional system of records notices related 
to other record sets currently encompassed in OPM/Central-1 have been 
published or will be published separately.
    FEDVIP, FLTCIP, and FSAFEDS records will now be governed through 
the system of records known as ``OPM/CENTRAL-26 FEDVIP, FLTCIP, and 
FSAFEDS Records.'' This newly established system of records will be 
included in OPM's inventory of records systems. In accordance with 5 
U.S.C. 552a(r), OPM has provided a report of this system of records to 
Congress and to the Office of Management and Budget.

Office of Personnel Management.
Stephen Hickman,
Federal Register Liaison.
System Name and Number:
    FEDVIP, FLTCIP, and FSAFEDS Records, OPM/Central-26.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Healthcare and Insurance, Office of Personnel Management, 1900 E 
Street NW, Washington, DC 20415, is responsible for this system of 
records. Records are maintained by OPM contractors in various 
locations. FLTCIP and FEDVIP records are maintained by a contractor in 
Portsmouth, New Hampshire, and FSAFEDS records are maintained by a 
contractor in Lexington, Kentucky.

SYSTEM MANAGER(S):
    Associate Director, Healthcare and Insurance, Office of Personnel 
Management, 1900 E Street NW, Washington, DC 20415.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    FEDVIP and FLTCIP are authorized by 5 U.S.C. Chapter 89A, Enhanced 
Dental Benefits; 5 U.S.C. Chapter 89B, Enhanced Vision Benefits; and 5 
U.S.C. Chapter 90, Long Term Care Insurance. FSAFEDS is operated in 
accordance with the Federal Flexible Benefits Plan (``FedFlex''), which 
qualifies as a ``cafeteria plan'' under Section 125 of the Internal 
Revenue Code of 1986, as amended, and corresponding regulations.

PURPOSE(S) OF THE SYSTEM:
    The primary purpose of this system of records is to support the 
administration, including enrollment confirmation, enrollment 
transactions, premium/allotment processing, and reconciliation, for 
three benefits programs administered by OPM: the Federal Employees 
Dental and Vision Insurance Program (FEDVIP), the Federal Long Term 
Care Insurance Program (FLTCIP), and the Federal Flexible Spending 
Account Program (FSAFEDS). In addition, the records in this system of 
records are used to support the evaluation of the effectiveness of 
these programs, including statistical analysis, policy planning, 
reporting, and enrollee inquiries.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Enrollees and their family members who are covered or have been 
covered under FEDVIP; applied, are covered or have been covered under 
FLTCIP; and individuals who are participating in or who have 
participated in FSAFEDS.
    Individuals eligible to enroll in FEDVIP include: Federal and 
United States Postal Service employees and annuitants, employees of the 
District of Columbia courts, various groups enumerated at 5 U.S.C. 
8901(1), retired members of the uniformed services, survivors of 
uniformed services members, and eligible family members (dental and 
vision); family members of active duty uniformed services members, and 
reserve members of the uniformed services and their eligible family 
members (vision only).
    Individuals eligible to apply and enroll in FLTCIP include: Federal 
and United States Postal Service employees and annuitants, active and 
retired members of the uniformed services, and their qualified 
relatives.
    Individuals eligible to participate in FSAFEDS include employees of 
the Executive Branch of the Federal Government, the United States 
Postal Service, and the other adopting employers of FedFlex.

CATEGORIES OF RECORDS IN THE SYSTEM:
    a. Name, including any former names;
    b. Social Security number (SSN) or other unique identification 
number(s);
    c. Date of birth;
    d. Gender;
    e. Home address;
    f. Work address;
    g. Marital status;
    h. Email address;
    i. Telephone number;
    j. Enrollee's employing agency;
    k. Enrollee's payroll office number;
    l. Enrollee's/Sponsor's Uniformed Services branch;
    m. Enrollee's/Sponsor's date of death;
    n. Effective date of plan coverage;
    o. Medicare status (and Medicare Beneficiary Identifier) of the 
enrollee and any eligible family members;
    p. Medicaid status of the enrollee and any eligible family members;
    q. Information about other health insurance, including a plan 
through the Federal Employees Health Benefits (FEHB) Program, covering 
the enrollee and any eligible family members;
    r. Information about other long-term care insurance policies in 
force;
    s. Medical information and medical records;

[[Page 36891]]

    t. FEDVIP plan and plan type, e.g., Self, Self Plus One, or Self 
and Family;
    u. Health and dependent care claims information;
    v. FLTCIP beneficiary information;
    w. Dependent relationship to Sponsor;
    x. Dependent eligibility date and eligibility end date;
    y. Dependent student indicator/incapable of self-support indicator;
    z. Payroll or banking information;
    aa. Information necessary to verify family member eligibility 
including but not limited to marriage certificates, birth certificates, 
and other information as set forth in OPM guidance;
    bb. Power of attorney designation; and
    cc. Any other record related to the enrollment and account 
administration of eligible individuals in FEDVIP, FLTCIP, or FSAFEDS.

RECORD SOURCE CATEGORIES:
    Records are obtained directly from enrollees during the enrollment 
process in FEDVIP and the application process in FLTCIP and directly 
from participants during the enrollment process in FSAFEDS. Records are 
also obtained from health care practitioners and health care facilities 
as part of the administration of FLTCIP. For purposes of enrollment 
confirmation and reconciliation, records are obtained from Federal 
agencies, OPM Retirement Services (RS), other retirement systems, 
FEDVIP Carriers, and the FLTCIP Carrier. For purposes of flexible 
spending claims processing, records are also obtained from FEDVIP and 
FEHB carriers.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside OPM as a 
routine use pursuant to 5 U.S.C. 552a(b)(3), as follows:
    a. To the Department of Justice, including Offices of the U.S. 
Attorneys; another Federal agency conducting litigation or in 
proceedings before any court, adjudicative, or administrative body; 
another party in litigation before a court, adjudicative, or 
administrative body; or to a court, adjudicative, or administrative 
body. Such disclosure is permitted only when it is relevant or 
necessary to the litigation or proceeding, and one of the following is 
a party to the litigation or has an interest in such litigation:
    (1) OPM, or any component thereof;
    (2) Any employee or former employee of OPM in his or her official 
capacity;
    (3) Any employee or former employee of OPM in his or her individual 
capacity where the Department of Justice or OPM has agreed to represent 
the employee;
    (4) The United States, a Federal agency, or another party in 
litigation before a court, adjudicative, or administrative body, upon 
the OPM General Counsel's approval, pursuant to 5 CFR part 295 or 
otherwise.
    b. To the appropriate Federal, State, or local agency responsible 
for investigating, prosecuting, enforcing, or implementing a statute, 
rule, regulation, or order, when a record, either on its face or in 
conjunction with other information, indicates or is relevant to a 
violation or potential violation of civil or criminal law or 
regulation.
    c. To a member of Congress from the record of an individual in 
response to an inquiry made at the request of the individual to whom 
the record pertains.
    d. To the National Archives and Records Administration (NARA) for 
records management inspections being conducted under the authority of 
44 U.S.C. 2904 and 2906.
    e. To appropriate agencies, entities, and persons when (1) OPM 
suspects or has confirmed that there has been a breach of the system of 
records; (2) OPM has determined that as a result of the suspected or 
confirmed breach, there is a risk of harm to individuals, OPM 
(including its information systems, programs, and operations), the 
Federal Government, or national security; and (3) the disclosure made 
to such agencies, entities, and persons is reasonably necessary to 
assist in connection with OPM's efforts to respond to the suspected or 
confirmed breach or to prevent, minimize, or remedy such harm.
    f. To another Federal agency or Federal entity, when OPM determines 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.
    g. To contractors, grantees, experts, consultants, or volunteers 
performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for OPM when OPM determines that it is 
necessary to accomplish an agency function related to this system of 
records. Individuals provided information under this routine use are 
subject to the same Privacy Act requirements and limitations on 
disclosure as are applicable to OPM employees.
    h. To FEDVIP Carriers and the FLTCIP Carrier, information necessary 
to identify enrollment in a plan, change existing enrollments, cancel, 
and terminate enrollments, reconcile enrollment, and correct enrollment 
discrepancies.
    i. To BENEFEDS, the enrollment information necessary for the 
purpose of premium processing for FEDVIP and FLTCIP and allotment 
processing for FSAFEDS.
    j. To FSAFEDS, the claims information necessary to administer 
paperless reimbursement for those participants who have elected this 
option.
    k. To any source from which information is requested, including 
Federal agencies and retirement systems, to establish an individual's 
eligibility for or enrollment in FEDVIP, FLTCIP, or FSAFEDS.
    l. To Federal civilian and military payroll providers and 
retirement systems, the information necessary for FEDVIP and FLTCIP 
premium collection and for FSAFEDS allotment collection.
    m. To an official of another Federal agency, uniformed services 
branch, or retirement system, the information needed to perform 
official duties related to employee benefits counseling, customer 
service, or operational readiness.
    n. To an official of another Federal agency, information needed in 
the performance of official duties related to reconciling or 
reconstructing data files; compiling descriptive statistics; and/or 
making analytical studies to support the function for which the records 
were collected and maintained.
    o. To an official of another Federal agency, information needed to 
adjudicate a claim for benefits under FEDVIP or the recipient's 
benefits program(s).

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The records in this system of records are stored electronically. 
Access to the electronic systems is restricted to authorized users with 
a need to know. The backends of the FEDVIP, FLTICIP and FSAFEDS systems 
are databases hosted in a secure network environment. Any paper records 
received are imaged, stored electronically, and securely shredded.

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POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    The records in this system of records are retrieved primarily by 
name and Social Security number but may be retrieved by any personal 
identifier.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    OPM contractors retain records for a time period no less than that 
described in their individual contracts. OPM is in the process of 
establishing a records schedule with the National Archives and Records 
Administration for the records in this system of records and other OPM 
Healthcare and Insurance records.
    Until a records retention schedule is in place, records will be 
treated as permanent. Once that schedule is established, the method(s) 
for disposing of records that are no longer eligible for retention will 
be determined and implemented.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in this system are protected from unauthorized access and 
misuse through various administrative, technical, and physical security 
measures. The security measures utilized by OPM and OPM's contractors 
are in compliance with the Federal Information Security Modernization 
Act (Pub L. 113-203), associated OMB policies, and applicable standards 
and guidance from the National Institute of Standards and Technology 
(NIST).

RECORD ACCESS PROCEDURES:
    Individuals seeking notification of and access to their records in 
this system of records may do so as follows:
    a. In some circumstances, individuals may be able to locate and 
access their records directly through the secure websites maintained by 
or the customer service assistance offered by the OPM contractors 
operating the enrollment systems for FEDVIP, FLTCIP, and FSAFEDS.
    b. Individuals may also submit a request in writing to the Office 
of Personnel Management, Office of Privacy and Information Management--
FOIA, 1900 E Street NW, Room 5415, Washington, DC 20415-7900 or by 
emailing [email protected]; ATTN: Healthcare and Insurance. Individuals must 
furnish the following information for their records to be located:
    1. Full name, including any former name.
    2. Date of birth.
    3. Social Security number.
    4. Name and address of employing agency, uniformed services branch, 
or retirement system.
    5. Reasonable specification of the requested information.
    6. The address to which the information should be sent.
    7. Signature.
    Individuals requesting access must also comply with OPM's Privacy 
Act regulations regarding verification of identity and access to 
records (5 CFR 297). Enrollees who request access to their records will 
have access to the entirety of their record, to include information 
about all covered individuals who are part of their enrollment record. 
Family members who request access to their records may have access only 
to their own information and not to that of the enrollee or other 
covered family members.

CONTESTING RECORD PROCEDURES:
    Individuals wishing to request amendment of their records in this 
system of records may do so by writing to the to the Office of 
Personnel Management, Office of Privacy and Information Management--
FOIA, 1900 E Street NW, Room 5415, Washington, DC 20415-7900 or by 
emailing [email protected]; ATTN: Healthcare and Insurance. Requests for 
amendment of records should include the words ``PRIVACY ACT AMENDMENT 
REQUEST'' in capital letters at the top of the request letter; if 
emailed, please include those words in the subject line. Individuals 
must furnish the following information for their records to be located:
    1. Full name, including any former name.
    2. Date of birth.
    3. Social Security number.
    4. Name and address of employing agency, uniformed services branch, 
or retirement system.
    5. Precise identification of the information to be amended.
    7. Signature.
    Individuals requesting amendment of their records must also comply 
with OPM's Privacy Act regulations regarding verification of identity 
and access to records (5 CFR 297). OPM may refer amendment requests to 
other entities when those entities are the original source of the 
record.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures''

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    OPM/Central-1, ``Civil Service Retirement and Insurance Records'', 
73 FR 15013 (March 20, 2008), 80 FR 74815 (November 30, 2015).

[FR Doc. 2022-13216 Filed 6-17-22; 8:45 am]
BILLING CODE 6325-64-P