[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]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF PERSONNEL MANAGEMENT
Privacy Act of 1974; System of Records
AGENCY: Office of Personnel Management.
ACTION: Notice of new system of records.
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
[[Page 36892]]
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