[Federal Register Volume 88, Number 135 (Monday, July 17, 2023)]
[Notices]
[Pages 45427-45428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15027]


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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 August 16, 2023. 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 
September 9, 2023 to March 8, 2025) 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 Act 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 by email at [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 443-844-9966, 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 Act Officer, 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. 18081 
and 18083.

Purpose(s)

    The purpose of the matching program is to provide CMS with SSA 
information which CMS 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 
information, citizenship and death/disability indicators, incarceration 
information, and income information. 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

[[Page 45428]]

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.

Systems of Records

    The systems of records and routine uses that support this matching 
program are identified 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 authorizes CMS' 
disclosures of identifying information about applicants to SSA for use 
in this matching program.

B. Systems of Records Maintained by SSA

     Master Files of SSN Holders and SSN Applications (referred 
to as the Enumeration System), 60-0058, last fully published at 87 FR 
263 (Jan. 4, 2022);
     Prisoner Update Processing System (PUPS), 60-0269, last 
fully published at 64 FR 11076 (Mar. 8, 1999) and updated at 72 FR 
69723 (Dec. 10, 2007), 78 FR 40542 (July 5, 2013), and 83 FR 54969 
(Nov. 1, 2018);
     Master Beneficiary Record (MBR) 60-0090, last fully 
published at 71 FR 1826 (Jan. 11, 2006), and updated at 72 FR 69723 
(Dec. 10, 2007), at 78 FR 40542 (July 5, 2013), at 83 FR 31250 (July 3, 
2018) and at 83 FR 54969 (Nov. 1, 2018); and
     Earnings Recording and Self-Employment Income System 
(referred to as the Master Earnings File (MEF)), 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. 2023-15027 Filed 7-14-23; 8:45 am]
BILLING CODE 4120-03-P