[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Notices]
[Pages 60948-60949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19174]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services


Privacy Act of 1974; Matching Program

AGENCY: Center for Consumer Information and Insurance Oversight 
(CCIIO), 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 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 data exchange 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 October 6, 2023. The 
program will commence not sooner than 30 days after publication of this 
notice, provided that no comments are received that warrant a change to 
this notice. The program will be conducted for an initial term of 18 
months (from approximately October 20, 2023, to April 19, 2025) and 
within three months of expiration may be renewed for one additional 
year if the parties make no change to the program and certify that the 
program has been conducted in compliance with the agreement.

ADDRESSES: Interested parties may submit comments on the new 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, 7500 
Security Blvd., Baltimore, MD 21244-1850, Mailstop: N1-14-56, or by 
email at [email protected].

FOR FURTHER INFORMATION CONTACT: If you have questions about the 
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. In carrying out this Agreement, both Parties will 
follow requirements that apply to System of Records, and HHS will carry 
out all of the requirements that apply to matching programs--under the 
Privacy Act as amended (5 U.S.C. 552a) and the regulations and guidance 
promulgated thereunder, including Office of Management and Budget (OMB) 
Circular A-108 ``Federal Agency Responsibilities for Review, Reporting, 
and Publication under the Privacy Act'' published at 81 FR 94424 (Dec. 
23, 2016) and other OMB guidelines. The DHS Data Integrity Board has 
not approved this program, but DHS/USCIS has approved the data exchange 
agreement.
    The Privacy Act requires agencies involved in a program that meets 
the definition of a ``matching program'' in 5 U.S.C. 552a(a)(8) to 
comply with the below requirements. HHS will provide all of the 
required protections to:
    1. Enter into a written agreement, provide a copy of the agreement 
to Congress and the Office of Management and Budget (OMB), and make it 
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).

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 &

[[Page 60949]]

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 program is 42 U.S.C. 
18001 et seq.

Purpose(s)

    The 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 as amended by the Health Care and Education Reconciliation Act (42 
U.S.C. 18001 et seq.);
     Insurance Affordability Programs (IAPs);
     certificates of exemption from the shared responsibility 
payment; and
     redeterminations and renewal decisions, including appeal 
determinations.
    IAPs include advance payments of the premium tax credit and cost 
sharing reductions; Medicaid; Children's Health Insurance Program; and 
Basic Health Program.

Categories of Individuals

    The individuals whose information will be used in the 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 program are identity, 
citizenship, and immigration status records. The data elements are 
described below.
    To request information from USCIS, CMS will query USCIS' Systematic 
Alien Verification for Entitlements (SAVE) system using these 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 the above-listed data that CMS uses to query the SAVE system 
matches USCIS data in SAVE, USCIS will return query results to CMS that 
include these additional data elements about each individual, as 
relevant: Verification Case Number; Citizenship or Immigration Data 
(e.g., immigration status/category, immigration class of admission, 
and/or employment authorization); and 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).

System(s) of Records

    The records used in this program will be disclosed from the 
following systems of records, as authorized by routine uses published 
in the System of Records Notices (SORNs) cited below:
     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 permits CMS' 
disclosures to 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. 2023-19174 Filed 9-5-23; 8:45 am]
BILLING CODE 4120-03-P