Privacy Act of 1974; Report of a New System of Records, 58432-58436 [05-19904]
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Health and Human Services, and
represents CDC on related scientific and
policy committees; (12) establishes
external advisory capacity and internal
advisory and action capacity; (13)
coordinates CDC-wide minority health
and health disparities elimination
initiatives; (14) synthesizes,
disseminates, and encourages use of
scientific evidence regarding effective
interventions to achieve health
disparities elimination outcomes; (15)
stimulates innovation in science and
practice; and (16) provides decision
support to the Executive Leadership
Board in allocating CDC resources to
agency-wide programs of surveillance,
research, intervention, and evaluation.
Office of Women’s Health (CAMG).
The Office of Women’s Health (OWH)
aims to promote and improve the
health, safety, and quality of life of
women. As a leader for women’s health
issues at CDC, the Office of Women’s
Health: (1) Advises the CDC Director on
matters relating to women’s health
research, programs and strategies; (2)
promotes the health and well-being of
women; (3) communicates health
information, research findings, and
prevention strategies to a diverse group
of providers, consumers, and
organizations; (4) advances sound
scientific knowledge for public health
action, promotes the role of prevention,
and works to improve the
understanding of women’s health
priorities; (5) fosters partnerships and
collaborations within CDC and with
other public and private organizations,
agencies, institutions, and others to
improve the health and safety of
women; (6) publishes newsletters and
other documents that highlight
prevention programs, research findings,
publications, health campaigns, health
promotion strategies, and other
information available at CDC; (7) leads
CDC Women’s Health Committee by
facilitating and coordinating agencywide efforts and enhancing channels for
communication and cooperation; (8)
supports the development of future
women’s health and public health
professionals through various training
and student positions within the office;
(9) prepares agency reports, briefing
documents, and other materials
addressing women’s health issues; (10)
stimulates and supports prevention
research, programs, and other activities
through funding; (11) represents the
agencies at meetings, committees,
workgroups, conferences, and briefings;
(12) serves as liaison for women’s health
between CDC and other agencies and
organizations; (13) develops
opportunities for, promotes, and
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supports the agency as a resource for
women’s health issues; and (14)
provides assistance to state and local
programs on women’s health issues.
Dated: September 23, 2005.
William H. Gimson,
Chief Operating Officer, Centers for Disease
Control and Prevention (CDC).
[FR Doc. 05–20057 Filed 10–5–05; 8:45 am]
BILLING CODE 4160–18–M
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
Privacy Act of 1974; Report of a New
System of Records
Department of Health and
Human Services (HHS), Centers for
Medicare & Medicaid Services (CMS).
ACTION: Notice of a New System of
Records (SOR).
AGENCY:
SUMMARY: In accordance with the
requirements of the Privacy Act of 1974,
we are proposing to establish a new
system titled ‘‘Medicare Physician
Group Practice Demonstration (PGPD),’’
System No. 09–70–0559. The PGPD tests
a payment methodology for physician
practices that combines Medicare feefor-service payments with performancebased payments for improvements in
patient management and quality of care.
Improvements in these areas are
expected to generate savings to the
Medicare program to offset the costs of
the performance payments. Mandated
by Section 412 of the Benefits
Improvement & Protection Act of 2000,
the PGPD seeks to provide incentives for
physicians to adopt care management
strategies and to improve quality as
defined by key measurable processes
and outcomes.
The primary purpose of the system is
to establish a pay-for-performance three
year pilot with physicians to encourage
the coordination of care, promote
investment in administrative structure
and process, and reward physicians for
improving health care processes and
outcomes. Information retrieved from
this system will also be disclosed to: (1)
Support regulatory, reimbursement, and
policy functions performed within the
agency or by a contractor or consultant;
(2) assist another Federal or state agency
with information to enable such agency
to administer a Federal health benefits
program, or to enable such agency to
fulfill a requirement of Federal statute
or regulation that implements a health
benefits program funded in whole or in
part with Federal funds; (3) assist an
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individual or organization for a research
project or in support of an evaluation
project related to the prevention of
disease or disability, the restoration or
maintenance of health, or payment
related projects; (4) support constituent
requests made to a congressional
representative; (5) support litigation
involving the agency; and (6) combat
fraud and abuse in certain health
benefits programs. We have provided
background information about the new
system in the ‘‘Supplementary
Information’’ section below. Although
the Privacy Act requires only that CMS
provide an opportunity for interested
persons to comment on the proposed
routine uses, CMS invites comments on
all portions of this notice. See EFFECTIVE
DATES section for comment period.
EFFECTIVE DATES: CMS filed a new
system report with the Chair of the
House Committee on Government
Reform and Oversight, the Chair of the
Senate Committee on Governmental
Affairs, and the Administrator, Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB) on September 27, 2005. In any
event, we will not disclose any
information under a routine use until 40
days after publication. We may defer
implementation of this system or one or
more of the routine use statements listed
below if we receive comments that
persuade us to defer implementation.
ADDRESSES: The public should address
comments to: CMS Privacy Officer,
Division of Privacy Compliance Data
Development, CMS, Mail Stop N2–04–
27, 7500 Security Boulevard, Baltimore,
Maryland 21244–1850. Comments
received will be available for review at
this location, by appointment, during
regular business hours, Monday through
Friday from 9 a.m.–3 p.m., eastern time
zone.
FOR FURTHER INFORMATION CONTACT: John
Pilotte, Research Analyst, Division of
Payment Policy, Medicare
Demonstration Programs Group, Office
of Research Development and
Information, CMS, Mail Stop C4–17–27,
7500 Security Boulevard, Baltimore,
Maryland 21244–1850. The telephone
number is (410) 786–6558 or e-mail
john.pilotte@cms.hhs.gov.
SUPPLEMENTARY INFORMATION: The PGPD
rewards physicians for improving the
quality and efficiency of health care
services delivered to Medicare fee-forservice beneficiaries. Mandated by
Section 412 of the Benefits
Improvement and Protection Act of
2000, the PGPD seeks to: (1) Encourage
coordination of Part A and Part B
services, (2) promote efficiency through
investment in administrative structure
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and process, and (3) reward physicians
for improving health outcomes.
During the three-year project, CMS
will reward physician groups that
improve patient outcomes by
coordinating care for chronically ill and
high cost beneficiaries in an efficient
manner. The Demonstration enables
CMS the ability to test physician groups’
responses to financial incentives for
improving care coordination, delivery
processes and patient outcomes, and the
effect on access, cost, and quality of care
to Medicare beneficiaries.
Physician groups participating in the
demonstration will continue to be paid
on a fee-for-service basis. Physician
groups will implement care
management strategies designed to
anticipate patient needs, prevent
chronic disease complications and
avoidable hospitalizations, and improve
quality of care.
Performance payments will be
derived from savings expected through
improvements in care coordination for
an assigned beneficiary population.
Performance payments will be allocated
between efficiency and quality, with an
increasing emphasis placed on quality
during the demonstration. The
demonstration will use a total of 32
measures that focus on common chronic
illnesses and preventive services for
measuring and rewarding quality.
CMS selected ten physician groups on
a competitive basis to participate in the
demonstration. The groups were
selected based on a variety of factors
including technical review panel
findings, organizational structure,
operational feasibility, geographic
location, and demonstration
implementation strategy.
I. Description of the New System of
Records
A. Statutory and Regulatory Basis for
System
The statutory authority for this system
is given under the provisions of Section
412 of the Benefits Improvement &
Protection Act of 2000.
B. Collection and Maintenance of Data
in the System
This system will maintain
individually identifiable data collected
on the Medicare expenditures of
beneficiaries assigned to the
participating physician practices. In
addition, data will be collected from the
physician practices on their
performance based on a series of quality
measures. The collected information
will include: provider name, unique
provider identification number, clinic
name, medical record number, health
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insurance claim number, first name, last
name, gender type, birth date, as well
as, background information relating to
Medicare or Medicaid issues.
4. Determines that the data are valid
and reliable.
II. Agency Policies, Procedures, and
Restrictions on the Routine Use
A. Entities Who May Receive
Disclosures Under Routine Use
The Privacy Act permits us to disclose
information without an individual’s
consent if the information is to be used
for a purpose that is compatible with the
purpose(s) for which the information
was collected. Any such disclosure of
data is known as a ‘‘routine use.’’ The
government will only release PGPD
information that can be associated with
an individual as provided for under
‘‘Section III. Proposed Routine Use
Disclosures of Data in the System.’’ Both
identifiable and non-identifiable data
may be disclosed under a routine use.
We will only collect the minimum
personal data necessary to achieve the
purpose of the PGPD. CMS has the
following policies and procedures
concerning disclosures of information
that will be maintained in the system.
Disclosure of information from the
system will be approved only to the
extent necessary to accomplish the
purpose of the disclosure and only after
CMS:
1. Determines that the use or
disclosure is consistent with the reason
that the data is being collected, e.g., to
collect and maintain data on the
Medicare expenditures of the
beneficiaries assigned to participating
physician practices and making
performance payments to participating
physician practices.
2. Determines that:
a. The purpose for which the
disclosure is to be made can only be
accomplished if the record is provided
in individually identifiable form;
b. The purpose for which the
disclosure is to be made is of sufficient
importance to warrant the effect and/or
risk on the privacy of the individual that
additional exposure of the record might
bring; and
c. There is a strong probability that
the proposed use of the data would in
fact accomplish the stated purpose(s).
3. Requires the information recipient
to:
a. Establish administrative, technical,
and physical safeguards to prevent
unauthorized use of disclosure of the
record;
b. Remove or destroy at the earliest
time all patient-identifiable information;
and
c. Agree to not use or disclose the
information for any purpose other than
the stated purpose under which the
information was disclosed.
The Privacy Act allows us to disclose
information without an individual’s
consent if the information is to be used
for a purpose that is compatible with the
purpose(s) for which the information
was collected. Any such compatible use
of data is known as a ‘‘routine use.’’ The
proposed routine uses in this system
meet the compatibility requirement of
the Privacy Act. We are proposing to
establish the following routine use
disclosures of information maintained
in the system:
1. To agency contractors or
consultants who have been engaged by
the agency to assist in the performance
of a service related to this system of
records and who need to have access to
the records in order to perform the
activity.
We contemplate disclosing
information under this routine use only
in situations in which CMS may enter
into a contractual or similar agreement
with a third party to assist in
accomplishing CMS function relating to
purposes for this system or records.
CMS occasionally contracts out
certain of its functions when doing so
would contribute to effective and
efficient operations. CMS must be able
to give a contractor or consultant
whatever information is necessary for
the contractor or consultant to fulfill its
duties. In these situations, safeguards
are provided in the contract prohibiting
the contractor or consultant from using
or disclosing the information for any
purpose other than that described in the
contract and requires the contractor or
consultant to return or destroy all
information at the completion of the
contract.
2. To another Federal or state agency
to:
a. Contribute to the accuracy of CMS’s
proper payment of Medicare benefits,
b. Enable such agency to administer a
Federal health benefits program, or as
necessary to enable such agency to
fulfill a requirement of a Federal statute
or regulation that implements a health
benefits program funded in whole or in
part with Federal funds, and/or
c. Assist Federal/state Medicaid
programs within the state.
Other Federal or state agencies in
their administration of a Federal health
program may require PGPD information
in order to support evaluations and
monitoring of Medicare claims
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III. Proposed Routine Use Disclosures
of Data in the System
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information of beneficiaries, including
proper reimbursement for services
provided.
3. To an individual or organization for
a research project or in support of an
evaluation project related to the
prevention of disease or disability, the
restoration or maintenance of health, or
payment related projects.
The PGPD data will provide for
research or in support of evaluation
projects, a broader, longitudinal,
national perspective of the status of
Medicare beneficiaries. CMS anticipates
that many researchers will have
legitimate requests to use these data in
projects that could ultimately improve
the care provided to Medicare
beneficiaries and the policy that governs
the care.
4. To a member of congress or to a
congressional staff member in response
to an inquiry of the congressional office
made at the written request of the
constituent about whom the record is
maintained.
Beneficiaries sometimes request the
help of a member of congress in
resolving an issue relating to a matter
before CMS. The member of congress
then writes CMS, and CMS must be able
to give sufficient information to be
responsive to the inquiry.
5. To the Department of Justice (DOJ),
court or adjudicatory body when:
a. The agency or any component
thereof, or
b. Any employee of the agency in his
or her official capacity, or
c. Any employee of the agency in his
or her individual capacity where the
DOJ has agreed to represent the
employee, or
d. the United States Government is a
party to litigation or has an interest in
such litigation, and by careful review,
CMS determines that the records are
both relevant and necessary to the
litigation and that the use of such
records by the DOJ, court or
adjudicatory body incompatible with
the purpose for which the agency
collected the records.
Whenever CMS is involved in
litigation, and occasionally when
another party is involved in litigation
and CMS’ policies or operations could
be affected by the outcome of the
litigation, CMS would be able to
disclose information to the DOJ, court or
adjudicatory body involved.
6. To a CMS contractor (including, but
not necessarily limited to fiscal
intermediaries and carriers) that assists
in the administration of a CMSadministered health benefits program,
or to a grantee of a CMS-administered
grant program, when disclosure is
deemed reasonably necessary by CMS to
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prevent, deter, discover, detect,
investigate, examine, prosecute, sue
with respect to, defend against, correct,
remedy, or otherwise combat fraud or
abuse in such program.
We contemplate disclosing
information under this routine use only
in situations in which CMS may enter
into a contractual relationship or grant
with a third party to assist in
accomplishing CMS functions relating
to the purpose of combating fraud and
abuse.
CMS occasionally contracts out
certain of its functions and makes grants
when doing so would contribute to
effective and efficient operations. CMS
must be able to give a contractor or
grantee whatever information is
necessary for the contractor or grantee to
fulfill its duties. In these situations,
safeguards are provided in the contract
prohibiting the contractor or grantee
from using or disclosing the information
for any purpose other than that
described in the contract and requiring
the contractor or grantee to return or
destroy all information.
7. To another Federal agency or to an
instrumentality of any governmental
jurisdiction within or under the control
of the United States (including any State
or local governmental agency), that
administers, or that has the authority to
investigate potential fraud or abuse in,
a health benefits program funded in
whole or in part by Federal funds, when
disclosure is deemed reasonably
necessary by CMS to prevent, deter,
discover, detect, investigate, examine,
prosecute, sue with respect to, defend
against, correct, remedy, or otherwise
combat fraud or abuse in such programs.
Other agencies may require PGPD
information for the purpose of
combating fraud and abuse in such
Federally-funded programs.
B. Additional Provisions Affecting
Routine Use Disclosures
This system contains Protected Health
Information (PHI) as defined by HHS
regulation ‘‘Standards for Privacy of
Individually Identifiable Health
Information’’ (45 CFR Parts 160 and 164,
65 FR 82462 (12–28–00), Subparts A
and E. Disclosures of PHI authorized by
these routine uses may only be made if,
and as, permitted or required by the
‘‘Standards for Privacy of Individually
Identifiable Health Information.’’
In addition, our policy will be to
prohibit release even of not directly
identifiable information, except
pursuant to one of the routine uses or
if required by law, if we determine there
is a possibility that an individual can be
identified through implicit deduction
based on small cell sizes (instances
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where the patient population is so small
that individuals who are familiar with
the enrollees could, because of the small
size, use this information to deduce the
identity of the beneficiary).
IV. Safeguards
CMS has safeguards in place for
authorized users and monitors such
users to ensure against excessive or
unauthorized use. Personnel having
access to the system have been trained
in the Privacy Act and information
security requirements. Employees who
maintain records in this system are
instructed not to release data until the
intended recipient agrees to implement
appropriate management, operational
and technical safeguards sufficient to
protect the confidentiality, integrity and
availability of the information and
information systems and to prevent
unauthorized access.
This system will conform to all
applicable Federal laws and regulations
and Federal, HHS, and CMS policies
and standards as they relate to
information security and data privacy.
These laws and regulations include but
are not limited to: the Privacy Act of
1974; the Federal Information Security
Management Act of 2002; the Computer
Fraud and Abuse Act of 1986; the
Health Insurance Portability and
Accountability Act of 1996; the EGovernment Act of 2002, the ClingerCohen Act of 1996; the Medicare
Modernization Act of 2003, and the
corresponding implementing
regulations. OMB Circular A–130,
Management of Federal Resources,
Appendix III, Security of Federal
Automated Information Resources also
applies. Federal, HHS, and CMS
policies and standards include, but are
not limited to, all pertinent National
Institute of Standards and Technology
publications, the HHS Information
Systems Program Handbook, and the
CMS Information Security Handbook.
V. Effects of the New System on
Individual Rights
CMS proposes to establish this system
in accordance with the principles and
requirements of the Privacy Act and will
collect, use, and disseminate
information only as prescribed therein.
Data in this system will be subject to the
authorized releases in accordance with
the routine uses identified in this
system of records.
CMS will take precautionary
measures (see item IV. above) to
minimize the risks of unauthorized
access to the records and the potential
harm to individual privacy or other
personal or property rights of patients
whose data is maintained in the system.
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CMS will collect only that information
necessary to perform the system’s
functions. In addition, CMS will make
disclosure from the proposed system
only with consent of the subject
individual, or his/her legal
representative, or in accordance with an
applicable exception provision of the
Privacy Act.
CMS, therefore, does not anticipate an
unfavorable effect on individual privacy
as a result of maintaining this system of
records.
Dated: September 27, 2005.
Charlene Brown,
Acting Chief Operating Officer, Centers for
Medicare & Medicaid Services.
System No.: 09–70–0559.
SYSTEM NAME:
‘‘Medicare Physician Group Practice
Demonstration (PGPD)’’ HHS/CMS/
ORDI.
SECURITY CLASSIFICATION:
Level 3 Privacy Act Sensitive.
SYSTEM LOCATION:
CMS Data Center, 7500 Security
Boulevard, North Building, First Floor,
Baltimore, Maryland 21244–1850 and
CMS contractors and agents at various
locations.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
This system will maintain
individually identifiable data collected
on the Medicare expenditures and
quality of care of beneficiaries assigned
to the participating physician practices.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system will maintain
individually identifiable data collected
on the Medicare expenditures of
beneficiaries assigned to the
participating physician practices. In
addition, data will be collected from the
physician practices on their
performance based on a series of quality
measures. The collected information
will include: provider name, unique
provider identification number, clinic
name, medical record number, health
insurance claim number (HICN), first
name, last name, gender type, birth date,
as well as, background information
relating to Medicare or Medicaid issues.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The statutory authority for this system
is given under the provisions of Section
412 of the Benefits Improvement &
Protection Act of 2000.
PURPOSE(S) OF THE SYSTEM:
The primary purpose of the system is
to establish a pay-for-performance three
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year pilot with physicians to encourage
the coordination of care, promote
investment in administrative structure
and process, and reward physicians for
improving health care processes and
outcomes. Information retrieved from
this system will also be disclosed to: (1)
Support regulatory, reimbursement, and
policy functions performed within the
agency or by a contractor or consultant;
(2) assist another Federal or state agency
with information to enable such agency
to administer a Federal health benefits
program, or to enable such agency to
fulfill a requirement of Federal statute
or regulation that implements a health
benefits program funded in whole or in
part with Federal funds; (3) assist an
individual or organization for a research
project or in support of an evaluation
project related to the prevention of
disease or disability, the restoration or
maintenance of health, or payment
related projects; (4) support constituent
requests made to a congressional
representative; (5) support litigation
involving the agency; and (6) combat
fraud and abuse in certain health
benefits programs.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
A. Entities Who May Receive
Disclosures Under Routine Use
The Privacy Act allows us to disclose
information without an individual’s
consent if the information is to be used
for a purpose that is compatible with the
purpose(s) for which the information
was collected. Any such compatible use
of data is known as a ‘‘routine use.’’ The
proposed routine uses in this system
meet the compatibility requirement of
the Privacy Act. We are proposing to
establish the following routine use
disclosures of information maintained
in the system:
1. To agency contractors or
consultants who have been engaged by
the agency to assist in the performance
of a service related to this system and
who need to have access to the records
in order to perform the activity.
2. To another Federal or state agency
to:
a. Contribute to the accuracy of CMS’s
proper payment of Medicare benefits,
b. Enable such agency to administer a
Federal health benefits program, or as
necessary to enable such agency to
fulfill a requirement of a Federal statute
or regulation that implements a health
benefits program funded in whole or in
part with Federal funds, and/or
c. Assist Federal/state Medicaid
programs within the state.
3. To an individual or organization for
a research project or in support of an
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evaluation project related to the
prevention of disease or disability, the
restoration or maintenance of health, or
payment related projects.
4. To a member of Congress or to a
congressional staff member in response
to an inquiry of the congressional office
made at the written request of the
constituent about whom the record is
maintained.
5. To the Department of Justice (DOJ),
court or adjudicatory body when:
a. The agency or any component
thereof, or
b. Any employee of the agency in his
or her official capacity, or
c. Any employee of the agency in his
or her individual capacity where the
DOJ has agreed to represent the
employee, or
d. The United States Government
is a party to litigation or has an interest
in such litigation, and by careful review,
CMS determines that the records are
both relevant and necessary to the
litigation and that the use of such
records by the DOJ, court or
adjudicatory body is incompatible with
the purpose for which the agency
collected the records.
6. To a CMS contractor (including, but
not necessarily limited to fiscal
intermediaries and carriers) that assists
in the administration of a CMSadministered health benefits program,
or to a grantee of a CMS-administered
grant program, when disclosure is
deemed reasonably necessary by CMS to
prevent, deter, discover, detect,
investigate, examine, prosecute, sue
with respect to, defend against, correct,
remedy, or otherwise combat fraud or
abuse in such program.
7. To another Federal agency or to an
instrumentality of any governmental
jurisdiction within or under the control
of the United States (including any State
or local governmental agency), that
administers, or that has the authority to
investigate potential fraud or abuse in,
a health benefits program funded in
whole or in part by Federal funds, when
disclosure is deemed reasonably
necessary by CMS to prevent, deter,
discover, detect, investigate, examine,
prosecute, sue with respect to, defend
against, correct, remedy, or otherwise
combat fraud or abuse in such programs.
B. Additional Provisions Affecting
Routine Use Disclosures
This system contains Protected Health
Information (PHI) as defined by HHS
regulation ‘‘Standards for Privacy of
Individually Identifiable Health
Information’’ (45 Code of Federal
Regulations (CFR)) Parts 160 and 164,
65 Fed. Reg. 82462 (12–28–00), Subparts
A and E. Disclosures of PHI authorized
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by these routine uses may only be made
if, and as, permitted or required by the
‘‘Standards for Privacy of Individually
Identifiable Health Information.’’
In addition, our policy will be to
prohibit release even if not directly
identifiable, except pursuant to one of
the routine uses or if required by law,
if we determine there is a possibility
that an individual can be identified
through implicit deduction based on
small cell sizes (instances where the
patient population is so small that
individuals who are familiar with the
enrollees could, because of the small
size, use this information to deduce the
identity of the beneficiary).
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
All records are stored on magnetic
media.
Information collected will be
retrieved by the name or other
identifying information of the
participating provider, and may also be
retrievable by HICN at the individual
beneficiary record level.
SAFEGUARDS:
CMS has safeguards in place for
authorized users and monitors such
users to ensure against excessive or
unauthorized use. Personnel having
access to the system have been trained
in the Privacy Act and information
security requirements. Employees who
maintain records in this system are
instructed not to release data until the
intended recipient agrees to implement
appropriate management, operational
and technical safeguards sufficient to
protect the confidentiality, integrity and
availability of the information and
information systems and to prevent
unauthorized access.
This system will conform to all
applicable Federal laws and regulations
and Federal, HHS, and CMS policies
and standards as they relate to
information security and data privacy.
These laws and regulations include but
are not limited to: the Privacy Act of
1974; the Federal Information Security
Management Act of 2002; the Computer
Fraud and Abuse Act of 1986; the
Health Insurance Portability and
Accountability Act of 1996; the EGovernment Act of 2002, the ClingerCohen Act of 1996; the Medicare
Modernization Act of 2003, and the
corresponding implementing
regulations. OMB Circular A–130,
Management of Federal Resources,
Appendix III, Security of Federal
19:52 Oct 05, 2005
Jkt 208001
RETENTION AND DISPOSAL:
CMS will retain identifiable
information maintained in the PGPD
system of records for a period of 6 years.
Data residing with the designated claims
payment contractor shall be returned to
CMS at the end of the project, with all
data then being the responsibility of
CMS for adequate storage and security.
All claims-related records are
encompassed by the document
preservation order and will be retained
until notification is received from the
DOJ.
SYSTEM MANAGER AND ADDRESS:
RETRIEVABILITY:
VerDate Aug<31>2005
Automated Information Resources also
applies. Federal, HHS, and CMS
policies and standards include, but are
not limited to, all pertinent National
Institute of Standards and Technology
publications, the HHS Information
Systems Program Handbook, and the
CMS Information Security Handbook.
Director, Medicare Demonstration
Programs Group, CMS, 7500 Security
Boulevard, Mail stop C4–17–27,
Baltimore, Maryland, 21244–1850.
NOTIFICATION PROCEDURE:
For purpose of access, the subject
individual should write to the system
manager who will require the system
name, and for verification purposes, the
subject individual’s name, provider
identification number, and the patient’s
Medicare number.
RECORD ACCESS PROCEDURE:
For purpose of access, use the same
procedures outlined in Notification
Procedures above. Requestors should
also reasonably specify the record
contents being sought. (These
procedures are in accordance with
Department regulation 45 CFR 5b.5
(a)(2)).
CONTESTING RECORD PROCEDURES:
The subject individual should contact
the system manager named above, and
reasonably identify the record and
specify the information to be contested.
State the corrective action sought and
the reasons for the correction with
supporting justification. (These
procedures are in accordance with
Department regulation 45 CFR 5b.7).
RECORD SOURCE CATEGORIES:
Information maintained in this system
will be collected from physicians
voluntarily participating through claims
data requesting payment for services.
The PGPD information will also be
collected from the reporting of
ambulatory care data by participating
physician groups.
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:
None.
[FR Doc. 05–19904 Filed 10–5–05; 8:45 am]
BILLING CODE 4120–03–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
Privacy Act of 1974; Report of New
System of Records
Department of Health and
Human Services (HHS), Centers for
Medicare & Medicaid Services (CMS).
ACTION: Notice of a new system of
records.
AGENCY:
SUMMARY: In accordance with the
requirements of the Privacy Act of 1974,
CMS is proposing to establish a new
system of records (SOR) titled
‘‘Medicare Drug Data Processing System
(DDPS),’’ System No. 09–70–0553. On
December 8, 2003, Congress passed the
Medicare Prescription Drug,
Improvement, and Modernization Act of
2003 (MMA) (Public Law (Pub. L.) 108–
173). MMA amends the Social Security
Act (the Act) by adding the Medicare
Part D Program under Title XVIII and
mandate that CMS establish a voluntary
Medicare prescription drug benefit
program effective January 1, 2006.
Under the new Medicare Part D benefit,
the Act allows Medicare payment to
plans that contract with CMS to provide
qualified Part D prescription drug
coverage as described in 42 Code of
Federal Regulations (CFR) § 423.401. As
a condition of payment, all Part D plans
must submit data and information
necessary for CMS to carry out payment
provisions (§ 1860D–15(c)(1)(C) and
(d)(2) of the Act, and 42 CFR 423.322).
The primary purpose of this system is
to collect, maintain, and process
information on all Medicare covered
and non-covered drug events, including
non-Medicare drug events, for Medicare
beneficiaries participating in the Part D
voluntary prescription drug coverage
under the Medicare program. The
system will process drug event
transactions and other drug events as
necessary for CMS to help determine
appropriate payment of covered drugs.
The DDPS will consist of the transaction
validation processing, storing and
maintaining the drug event data in a
large-scale database, and staging the
data into data marts to support
beneficiary and plan analysis of
incurred payment. Information in this
system will also be disclosed to: (1)
E:\FR\FM\06OCN1.SGM
06OCN1
Agencies
[Federal Register Volume 70, Number 193 (Thursday, October 6, 2005)]
[Notices]
[Pages 58432-58436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19904]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
Privacy Act of 1974; Report of a New System of Records
AGENCY: Department of Health and Human Services (HHS), Centers for
Medicare & Medicaid Services (CMS).
ACTION: Notice of a New System of Records (SOR).
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of the Privacy Act of
1974, we are proposing to establish a new system titled ``Medicare
Physician Group Practice Demonstration (PGPD),'' System No. 09-70-0559.
The PGPD tests a payment methodology for physician practices that
combines Medicare fee-for-service payments with performance-based
payments for improvements in patient management and quality of care.
Improvements in these areas are expected to generate savings to the
Medicare program to offset the costs of the performance payments.
Mandated by Section 412 of the Benefits Improvement & Protection Act of
2000, the PGPD seeks to provide incentives for physicians to adopt care
management strategies and to improve quality as defined by key
measurable processes and outcomes.
The primary purpose of the system is to establish a pay-for-
performance three year pilot with physicians to encourage the
coordination of care, promote investment in administrative structure
and process, and reward physicians for improving health care processes
and outcomes. Information retrieved from this system will also be
disclosed to: (1) Support regulatory, reimbursement, and policy
functions performed within the agency or by a contractor or consultant;
(2) assist another Federal or state agency with information to enable
such agency to administer a Federal health benefits program, or to
enable such agency to fulfill a requirement of Federal statute or
regulation that implements a health benefits program funded in whole or
in part with Federal funds; (3) assist an individual or organization
for a research project or in support of an evaluation project related
to the prevention of disease or disability, the restoration or
maintenance of health, or payment related projects; (4) support
constituent requests made to a congressional representative; (5)
support litigation involving the agency; and (6) combat fraud and abuse
in certain health benefits programs. We have provided background
information about the new system in the ``Supplementary Information''
section below. Although the Privacy Act requires only that CMS provide
an opportunity for interested persons to comment on the proposed
routine uses, CMS invites comments on all portions of this notice. See
Effective Dates section for comment period.
EFFECTIVE DATES: CMS filed a new system report with the Chair of the
House Committee on Government Reform and Oversight, the Chair of the
Senate Committee on Governmental Affairs, and the Administrator, Office
of Information and Regulatory Affairs, Office of Management and Budget
(OMB) on September 27, 2005. In any event, we will not disclose any
information under a routine use until 40 days after publication. We may
defer implementation of this system or one or more of the routine use
statements listed below if we receive comments that persuade us to
defer implementation.
ADDRESSES: The public should address comments to: CMS Privacy Officer,
Division of Privacy Compliance Data Development, CMS, Mail Stop N2-04-
27, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. Comments
received will be available for review at this location, by appointment,
during regular business hours, Monday through Friday from 9 a.m.-3
p.m., eastern time zone.
FOR FURTHER INFORMATION CONTACT: John Pilotte, Research Analyst,
Division of Payment Policy, Medicare Demonstration Programs Group,
Office of Research Development and Information, CMS, Mail Stop C4-17-
27, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. The
telephone number is (410) 786-6558 or e-mail john.pilotte@cms.hhs.gov.
SUPPLEMENTARY INFORMATION: The PGPD rewards physicians for improving
the quality and efficiency of health care services delivered to
Medicare fee-for-service beneficiaries. Mandated by Section 412 of the
Benefits Improvement and Protection Act of 2000, the PGPD seeks to: (1)
Encourage coordination of Part A and Part B services, (2) promote
efficiency through investment in administrative structure
[[Page 58433]]
and process, and (3) reward physicians for improving health outcomes.
During the three-year project, CMS will reward physician groups
that improve patient outcomes by coordinating care for chronically ill
and high cost beneficiaries in an efficient manner. The Demonstration
enables CMS the ability to test physician groups' responses to
financial incentives for improving care coordination, delivery
processes and patient outcomes, and the effect on access, cost, and
quality of care to Medicare beneficiaries.
Physician groups participating in the demonstration will continue
to be paid on a fee-for-service basis. Physician groups will implement
care management strategies designed to anticipate patient needs,
prevent chronic disease complications and avoidable hospitalizations,
and improve quality of care.
Performance payments will be derived from savings expected through
improvements in care coordination for an assigned beneficiary
population. Performance payments will be allocated between efficiency
and quality, with an increasing emphasis placed on quality during the
demonstration. The demonstration will use a total of 32 measures that
focus on common chronic illnesses and preventive services for measuring
and rewarding quality.
CMS selected ten physician groups on a competitive basis to
participate in the demonstration. The groups were selected based on a
variety of factors including technical review panel findings,
organizational structure, operational feasibility, geographic location,
and demonstration implementation strategy.
I. Description of the New System of Records
A. Statutory and Regulatory Basis for System
The statutory authority for this system is given under the
provisions of Section 412 of the Benefits Improvement & Protection Act
of 2000.
B. Collection and Maintenance of Data in the System
This system will maintain individually identifiable data collected
on the Medicare expenditures of beneficiaries assigned to the
participating physician practices. In addition, data will be collected
from the physician practices on their performance based on a series of
quality measures. The collected information will include: provider
name, unique provider identification number, clinic name, medical
record number, health insurance claim number, first name, last name,
gender type, birth date, as well as, background information relating to
Medicare or Medicaid issues.
II. Agency Policies, Procedures, and Restrictions on the Routine Use
The Privacy Act permits us to disclose information without an
individual's consent if the information is to be used for a purpose
that is compatible with the purpose(s) for which the information was
collected. Any such disclosure of data is known as a ``routine use.''
The government will only release PGPD information that can be
associated with an individual as provided for under ``Section III.
Proposed Routine Use Disclosures of Data in the System.'' Both
identifiable and non-identifiable data may be disclosed under a routine
use.
We will only collect the minimum personal data necessary to achieve
the purpose of the PGPD. CMS has the following policies and procedures
concerning disclosures of information that will be maintained in the
system. Disclosure of information from the system will be approved only
to the extent necessary to accomplish the purpose of the disclosure and
only after CMS:
1. Determines that the use or disclosure is consistent with the
reason that the data is being collected, e.g., to collect and maintain
data on the Medicare expenditures of the beneficiaries assigned to
participating physician practices and making performance payments to
participating physician practices.
2. Determines that:
a. The purpose for which the disclosure is to be made can only be
accomplished if the record is provided in individually identifiable
form;
b. The purpose for which the disclosure is to be made is of
sufficient importance to warrant the effect and/or risk on the privacy
of the individual that additional exposure of the record might bring;
and
c. There is a strong probability that the proposed use of the data
would in fact accomplish the stated purpose(s).
3. Requires the information recipient to:
a. Establish administrative, technical, and physical safeguards to
prevent unauthorized use of disclosure of the record;
b. Remove or destroy at the earliest time all patient-identifiable
information; and
c. Agree to not use or disclose the information for any purpose
other than the stated purpose under which the information was
disclosed.
4. Determines that the data are valid and reliable.
III. Proposed Routine Use Disclosures of Data in the System
A. Entities Who May Receive Disclosures Under Routine Use
The Privacy Act allows us to disclose information without an
individual's consent if the information is to be used for a purpose
that is compatible with the purpose(s) for which the information was
collected. Any such compatible use of data is known as a ``routine
use.'' The proposed routine uses in this system meet the compatibility
requirement of the Privacy Act. We are proposing to establish the
following routine use disclosures of information maintained in the
system:
1. To agency contractors or consultants who have been engaged by
the agency to assist in the performance of a service related to this
system of records and who need to have access to the records in order
to perform the activity.
We contemplate disclosing information under this routine use only
in situations in which CMS may enter into a contractual or similar
agreement with a third party to assist in accomplishing CMS function
relating to purposes for this system or records.
CMS occasionally contracts out certain of its functions when doing
so would contribute to effective and efficient operations. CMS must be
able to give a contractor or consultant whatever information is
necessary for the contractor or consultant to fulfill its duties. In
these situations, safeguards are provided in the contract prohibiting
the contractor or consultant from using or disclosing the information
for any purpose other than that described in the contract and requires
the contractor or consultant to return or destroy all information at
the completion of the contract.
2. To another Federal or state agency to:
a. Contribute to the accuracy of CMS's proper payment of Medicare
benefits,
b. Enable such agency to administer a Federal health benefits
program, or as necessary to enable such agency to fulfill a requirement
of a Federal statute or regulation that implements a health benefits
program funded in whole or in part with Federal funds, and/or
c. Assist Federal/state Medicaid programs within the state.
Other Federal or state agencies in their administration of a
Federal health program may require PGPD information in order to support
evaluations and monitoring of Medicare claims
[[Page 58434]]
information of beneficiaries, including proper reimbursement for
services provided.
3. To an individual or organization for a research project or in
support of an evaluation project related to the prevention of disease
or disability, the restoration or maintenance of health, or payment
related projects.
The PGPD data will provide for research or in support of evaluation
projects, a broader, longitudinal, national perspective of the status
of Medicare beneficiaries. CMS anticipates that many researchers will
have legitimate requests to use these data in projects that could
ultimately improve the care provided to Medicare beneficiaries and the
policy that governs the care.
4. To a member of congress or to a congressional staff member in
response to an inquiry of the congressional office made at the written
request of the constituent about whom the record is maintained.
Beneficiaries sometimes request the help of a member of congress in
resolving an issue relating to a matter before CMS. The member of
congress then writes CMS, and CMS must be able to give sufficient
information to be responsive to the inquiry.
5. To the Department of Justice (DOJ), court or adjudicatory body
when:
a. The agency or any component thereof, or
b. Any employee of the agency in his or her official capacity, or
c. Any employee of the agency in his or her individual capacity
where the DOJ has agreed to represent the employee, or
d. the United States Government is a party to litigation or has an
interest in such litigation, and by careful review, CMS determines that
the records are both relevant and necessary to the litigation and that
the use of such records by the DOJ, court or adjudicatory body
incompatible with the purpose for which the agency collected the
records.
Whenever CMS is involved in litigation, and occasionally when
another party is involved in litigation and CMS' policies or operations
could be affected by the outcome of the litigation, CMS would be able
to disclose information to the DOJ, court or adjudicatory body
involved.
6. To a CMS contractor (including, but not necessarily limited to
fiscal intermediaries and carriers) that assists in the administration
of a CMS-administered health benefits program, or to a grantee of a
CMS-administered grant program, when disclosure is deemed reasonably
necessary by CMS to prevent, deter, discover, detect, investigate,
examine, prosecute, sue with respect to, defend against, correct,
remedy, or otherwise combat fraud or abuse in such program.
We contemplate disclosing information under this routine use only
in situations in which CMS may enter into a contractual relationship or
grant with a third party to assist in accomplishing CMS functions
relating to the purpose of combating fraud and abuse.
CMS occasionally contracts out certain of its functions and makes
grants when doing so would contribute to effective and efficient
operations. CMS must be able to give a contractor or grantee whatever
information is necessary for the contractor or grantee to fulfill its
duties. In these situations, safeguards are provided in the contract
prohibiting the contractor or grantee from using or disclosing the
information for any purpose other than that described in the contract
and requiring the contractor or grantee to return or destroy all
information.
7. To another Federal agency or to an instrumentality of any
governmental jurisdiction within or under the control of the United
States (including any State or local governmental agency), that
administers, or that has the authority to investigate potential fraud
or abuse in, a health benefits program funded in whole or in part by
Federal funds, when disclosure is deemed reasonably necessary by CMS to
prevent, deter, discover, detect, investigate, examine, prosecute, sue
with respect to, defend against, correct, remedy, or otherwise combat
fraud or abuse in such programs.
Other agencies may require PGPD information for the purpose of
combating fraud and abuse in such Federally-funded programs.
B. Additional Provisions Affecting Routine Use Disclosures
This system contains Protected Health Information (PHI) as defined
by HHS regulation ``Standards for Privacy of Individually Identifiable
Health Information'' (45 CFR Parts 160 and 164, 65 FR 82462 (12-28-00),
Subparts A and E. Disclosures of PHI authorized by these routine uses
may only be made if, and as, permitted or required by the ``Standards
for Privacy of Individually Identifiable Health Information.''
In addition, our policy will be to prohibit release even of not
directly identifiable information, except pursuant to one of the
routine uses or if required by law, if we determine there is a
possibility that an individual can be identified through implicit
deduction based on small cell sizes (instances where the patient
population is so small that individuals who are familiar with the
enrollees could, because of the small size, use this information to
deduce the identity of the beneficiary).
IV. Safeguards
CMS has safeguards in place for authorized users and monitors such
users to ensure against excessive or unauthorized use. Personnel having
access to the system have been trained in the Privacy Act and
information security requirements. Employees who maintain records in
this system are instructed not to release data until the intended
recipient agrees to implement appropriate management, operational and
technical safeguards sufficient to protect the confidentiality,
integrity and availability of the information and information systems
and to prevent unauthorized access.
This system will conform to all applicable Federal laws and
regulations and Federal, HHS, and CMS policies and standards as they
relate to information security and data privacy. These laws and
regulations include but are not limited to: the Privacy Act of 1974;
the Federal Information Security Management Act of 2002; the Computer
Fraud and Abuse Act of 1986; the Health Insurance Portability and
Accountability Act of 1996; the E-Government Act of 2002, the Clinger-
Cohen Act of 1996; the Medicare Modernization Act of 2003, and the
corresponding implementing regulations. OMB Circular A-130, Management
of Federal Resources, Appendix III, Security of Federal Automated
Information Resources also applies. Federal, HHS, and CMS policies and
standards include, but are not limited to, all pertinent National
Institute of Standards and Technology publications, the HHS Information
Systems Program Handbook, and the CMS Information Security Handbook.
V. Effects of the New System on Individual Rights
CMS proposes to establish this system in accordance with the
principles and requirements of the Privacy Act and will collect, use,
and disseminate information only as prescribed therein. Data in this
system will be subject to the authorized releases in accordance with
the routine uses identified in this system of records.
CMS will take precautionary measures (see item IV. above) to
minimize the risks of unauthorized access to the records and the
potential harm to individual privacy or other personal or property
rights of patients whose data is maintained in the system.
[[Page 58435]]
CMS will collect only that information necessary to perform the
system's functions. In addition, CMS will make disclosure from the
proposed system only with consent of the subject individual, or his/her
legal representative, or in accordance with an applicable exception
provision of the Privacy Act.
CMS, therefore, does not anticipate an unfavorable effect on
individual privacy as a result of maintaining this system of records.
Dated: September 27, 2005.
Charlene Brown,
Acting Chief Operating Officer, Centers for Medicare & Medicaid
Services.
System No.: 09-70-0559.
SYSTEM NAME:
``Medicare Physician Group Practice Demonstration (PGPD)'' HHS/CMS/
ORDI.
SECURITY CLASSIFICATION:
Level 3 Privacy Act Sensitive.
SYSTEM LOCATION:
CMS Data Center, 7500 Security Boulevard, North Building, First
Floor, Baltimore, Maryland 21244-1850 and CMS contractors and agents at
various locations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system will maintain individually identifiable data collected
on the Medicare expenditures and quality of care of beneficiaries
assigned to the participating physician practices.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system will maintain individually identifiable data collected
on the Medicare expenditures of beneficiaries assigned to the
participating physician practices. In addition, data will be collected
from the physician practices on their performance based on a series of
quality measures. The collected information will include: provider
name, unique provider identification number, clinic name, medical
record number, health insurance claim number (HICN), first name, last
name, gender type, birth date, as well as, background information
relating to Medicare or Medicaid issues.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The statutory authority for this system is given under the
provisions of Section 412 of the Benefits Improvement & Protection Act
of 2000.
PURPOSE(S) OF THE SYSTEM:
The primary purpose of the system is to establish a pay-for-
performance three year pilot with physicians to encourage the
coordination of care, promote investment in administrative structure
and process, and reward physicians for improving health care processes
and outcomes. Information retrieved from this system will also be
disclosed to: (1) Support regulatory, reimbursement, and policy
functions performed within the agency or by a contractor or consultant;
(2) assist another Federal or state agency with information to enable
such agency to administer a Federal health benefits program, or to
enable such agency to fulfill a requirement of Federal statute or
regulation that implements a health benefits program funded in whole or
in part with Federal funds; (3) assist an individual or organization
for a research project or in support of an evaluation project related
to the prevention of disease or disability, the restoration or
maintenance of health, or payment related projects; (4) support
constituent requests made to a congressional representative; (5)
support litigation involving the agency; and (6) combat fraud and abuse
in certain health benefits programs.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
A. Entities Who May Receive Disclosures Under Routine Use
The Privacy Act allows us to disclose information without an
individual's consent if the information is to be used for a purpose
that is compatible with the purpose(s) for which the information was
collected. Any such compatible use of data is known as a ``routine
use.'' The proposed routine uses in this system meet the compatibility
requirement of the Privacy Act. We are proposing to establish the
following routine use disclosures of information maintained in the
system:
1. To agency contractors or consultants who have been engaged by
the agency to assist in the performance of a service related to this
system and who need to have access to the records in order to perform
the activity.
2. To another Federal or state agency to:
a. Contribute to the accuracy of CMS's proper payment of Medicare
benefits,
b. Enable such agency to administer a Federal health benefits
program, or as necessary to enable such agency to fulfill a requirement
of a Federal statute or regulation that implements a health benefits
program funded in whole or in part with Federal funds, and/or
c. Assist Federal/state Medicaid programs within the state.
3. To an individual or organization for a research project or in
support of an evaluation project related to the prevention of disease
or disability, the restoration or maintenance of health, or payment
related projects.
4. To a member of Congress or to a congressional staff member in
response to an inquiry of the congressional office made at the written
request of the constituent about whom the record is maintained.
5. To the Department of Justice (DOJ), court or adjudicatory body
when:
a. The agency or any component thereof, or
b. Any employee of the agency in his or her official capacity, or
c. Any employee of the agency in his or her individual capacity
where the DOJ has agreed to represent the employee, or
d. The United States Government
is a party to litigation or has an interest in such litigation, and by
careful review, CMS determines that the records are both relevant and
necessary to the litigation and that the use of such records by the
DOJ, court or adjudicatory body is incompatible with the purpose for
which the agency collected the records.
6. To a CMS contractor (including, but not necessarily limited to
fiscal intermediaries and carriers) that assists in the administration
of a CMS-administered health benefits program, or to a grantee of a
CMS-administered grant program, when disclosure is deemed reasonably
necessary by CMS to prevent, deter, discover, detect, investigate,
examine, prosecute, sue with respect to, defend against, correct,
remedy, or otherwise combat fraud or abuse in such program.
7. To another Federal agency or to an instrumentality of any
governmental jurisdiction within or under the control of the United
States (including any State or local governmental agency), that
administers, or that has the authority to investigate potential fraud
or abuse in, a health benefits program funded in whole or in part by
Federal funds, when disclosure is deemed reasonably necessary by CMS to
prevent, deter, discover, detect, investigate, examine, prosecute, sue
with respect to, defend against, correct, remedy, or otherwise combat
fraud or abuse in such programs.
B. Additional Provisions Affecting Routine Use Disclosures
This system contains Protected Health Information (PHI) as defined
by HHS regulation ``Standards for Privacy of Individually Identifiable
Health Information'' (45 Code of Federal Regulations (CFR)) Parts 160
and 164, 65 Fed. Reg. 82462 (12-28-00), Subparts A and E. Disclosures
of PHI authorized
[[Page 58436]]
by these routine uses may only be made if, and as, permitted or
required by the ``Standards for Privacy of Individually Identifiable
Health Information.''
In addition, our policy will be to prohibit release even if not
directly identifiable, except pursuant to one of the routine uses or if
required by law, if we determine there is a possibility that an
individual can be identified through implicit deduction based on small
cell sizes (instances where the patient population is so small that
individuals who are familiar with the enrollees could, because of the
small size, use this information to deduce the identity of the
beneficiary).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
All records are stored on magnetic media.
RETRIEVABILITY:
Information collected will be retrieved by the name or other
identifying information of the participating provider, and may also be
retrievable by HICN at the individual beneficiary record level.
SAFEGUARDS:
CMS has safeguards in place for authorized users and monitors such
users to ensure against excessive or unauthorized use. Personnel having
access to the system have been trained in the Privacy Act and
information security requirements. Employees who maintain records in
this system are instructed not to release data until the intended
recipient agrees to implement appropriate management, operational and
technical safeguards sufficient to protect the confidentiality,
integrity and availability of the information and information systems
and to prevent unauthorized access.
This system will conform to all applicable Federal laws and
regulations and Federal, HHS, and CMS policies and standards as they
relate to information security and data privacy. These laws and
regulations include but are not limited to: the Privacy Act of 1974;
the Federal Information Security Management Act of 2002; the Computer
Fraud and Abuse Act of 1986; the Health Insurance Portability and
Accountability Act of 1996; the E-Government Act of 2002, the Clinger-
Cohen Act of 1996; the Medicare Modernization Act of 2003, and the
corresponding implementing regulations. OMB Circular A-130, Management
of Federal Resources, Appendix III, Security of Federal Automated
Information Resources also applies. Federal, HHS, and CMS policies and
standards include, but are not limited to, all pertinent National
Institute of Standards and Technology publications, the HHS Information
Systems Program Handbook, and the CMS Information Security Handbook.
RETENTION AND DISPOSAL:
CMS will retain identifiable information maintained in the PGPD
system of records for a period of 6 years. Data residing with the
designated claims payment contractor shall be returned to CMS at the
end of the project, with all data then being the responsibility of CMS
for adequate storage and security. All claims-related records are
encompassed by the document preservation order and will be retained
until notification is received from the DOJ.
SYSTEM MANAGER AND ADDRESS:
Director, Medicare Demonstration Programs Group, CMS, 7500 Security
Boulevard, Mail stop C4-17-27, Baltimore, Maryland, 21244-1850.
NOTIFICATION PROCEDURE:
For purpose of access, the subject individual should write to the
system manager who will require the system name, and for verification
purposes, the subject individual's name, provider identification
number, and the patient's Medicare number.
RECORD ACCESS PROCEDURE:
For purpose of access, use the same procedures outlined in
Notification Procedures above. Requestors should also reasonably
specify the record contents being sought. (These procedures are in
accordance with Department regulation 45 CFR 5b.5 (a)(2)).
CONTESTING RECORD PROCEDURES:
The subject individual should contact the system manager named
above, and reasonably identify the record and specify the information
to be contested. State the corrective action sought and the reasons for
the correction with supporting justification. (These procedures are in
accordance with Department regulation 45 CFR 5b.7).
RECORD SOURCE CATEGORIES:
Information maintained in this system will be collected from
physicians voluntarily participating through claims data requesting
payment for services. The PGPD information will also be collected from
the reporting of ambulatory care data by participating physician
groups.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
[FR Doc. 05-19904 Filed 10-5-05; 8:45 am]
BILLING CODE 4120-03-P