Privacy Act of 1974; Report of a New System of Records, 54495-54499 [E6-15130]

Agencies

• Centers for Medicare & Medicaid Services
• DEPARTMENT OF HEALTH AND HUMAN SERVICES

[Federal Register Volume 71, Number 179 (Friday, September 15, 2006)]
[Notices]
[Pages 54495-54499]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-15130]


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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), Center for 
Medicare & Medicaid Services (CMS).

ACTION: Notice of a New System of Records (SOR).

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, we are proposing to establish a new system titled, ``Chronic 
Condition Data Repository (CCDR), System No. 09-70-0573.'' The program 
is mandated by Section 723 of the Medicare Prescription Drug 
Improvement and Modernization Act of 2003 (MMA) (Public Law (Pub. L.) 
108-173), which was enacted into law on December 8, 2003, and amended 
Title XVIII of the Social Security Act (the Act). The CCDR program 
seeks to establish a data repository to study chronically ill Medicare 
beneficiaries. This data repository will integrate existing data to 
support studies for improving the quality of care and studies for 
reducing the cost of care for chronically ill Medicare beneficiaries. 
The statute is designed to reduce program spending, make current 
Medicare program data more readily available to researchers to study 
chronic illness in the Medicare population, improve process time for 
research data request, focus on analytic prospective verses 
operational, and utilize data extraction tools to organize the data.
    The data collected and maintained in this system are retrieved from 
the following databases: Medicare Drug Data Processing System, System 
No. 09-70-0553 (70 Federal Register (FR) 58436 (October 6, 2005)); 
Medicare Beneficiary Database, System No. 09-70-0536 (66 FR 63392 
(December 6, 2001)); Medicare Advantage Prescription Drug System, 
System No. 09-70-4001 (70 FR 60530 (October 18, 2005)); Medicaid 
Statistical Information System, System No. 09-70-6001 (67 FR 48906 
(July 26, 2002)); Retiree Drug Subsidy Program, System No. 09-70-0550 
(70 FR 41035 (July 15, 2005)); Common Working File, System No. 09-70-
0526 (67 FR 3210 (January 23, 2002)); National Claims History, System 
No. 09-70-0005 (67 FR 57015 (September 6, 2002)); Enrollment Database, 
System No. 09-70-0502 (67 FR 3203 (January 23, 2002)); Carrier Medicare 
Claims Record, System No. 09-70-0501 (67 FR 54428 (August 22, 2002)); 
Intermediary Medicare Claims Record, System No. 09-70-0503 (67 FR 65982 
(October 29, 2002)); Unique Physician/Provider Identification Number, 
System No. 09-70-0525 (69 FR 75316 (December 16, 2004)); Medicare 
Supplier Identification File, System No. 09-70-0530 (67 FR 48184 (July 
23, 2002)), A Current Beneficiary Survey, System No. 09-70-6002 (66 FR 
15496 (March 19, 2001)); National Plan & Provider Enumerator System, 
System No. 09-70-0008, (63 FR 40297 (July 28, 1998)); Long Term Care 
MDS, System No. 09-70-1517 (67 FR 6714 (February 13, 2002)); HHA 
Outcome and Assessment Information Set, System No. 09-70-9002 (66 FR 
66903 (December 27, 2001)); and Integrated Data Repository, System No. 
09-70-0571 (To be published).
    The purpose of this system is to collect and maintain a person-
level view of identifiable data to establish a data repository to study 
chronically ill Medicare beneficiaries. This system will utilize data 
extraction tools to support accessing data by chronic conditions and 
process complex customized research data requests related to chronic 
illnesses. Information retrieved from this system may be disclosed to: 
(1) Support regulatory, reimbursement, and policy functions performed 
within the agency or by a contractor, grantee, consultant or other 
legal agent; (2) assist another Federal or state agency with 
information to contribute to the accuracy of CMS's proper payment of 
Medicare benefits, 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) support 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 Quality Improvement Organizations (QIO); (5) support 
litigation involving the agency; and (6) combat fraud, waste, and abuse 
in certain Federally-funded 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.

DATES: Effective Date: CMS filed a new SOR report with the Chair of the 
House Committee on Government Reform and Oversight, the Chair of the 
Senate Committee on Homeland Security & Governmental Affairs, and the 
Administrator, Office of Information and Regulatory Affairs, Office of 
Management and Budget (OMB) on September 6, 2006. To ensure that all 
parties have adequate time in which to comment, the new system will 
become effective 30 days from the publication of the notice, or 40 days 
from the date it was submitted to OMB and the Congress, whichever is 
later. We may defer implementation of this system or one or more of the 
routine use statements listed below if we receive

[[Page 54496]]

comments that persuade us to defer implementation.

ADDRESSES: The public should address comment to the CMS Privacy 
Officer, Division of Privacy Compliance, Enterprise Architecture and 
Strategy Group, 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.

FOR FURTHER INFORMATION CONTACT: Linh Phuong, Health Insurance 
Specialist, Information and Methods Group, Office of Research, 
Development & Information, Mail Stop C3-18-06, Centers for Medicare & 
Medicaid Services, 7500 Security Boulevard, Baltimore, MD 21244-1849. 
She can be reached by telephone at 410-786-7055 or e-mail 
Linh.Phuong@cms.hhs.gov.

SUPPLEMENTARY INFORMATION: The CCDR will house data that will be easily 
linked, at the individual patient level, for all Medicare claims, 
eligibility data, nursing home and home health assessments, and CMS 
beneficiary survey data. This data repository will transform and 
summarize this administrative health insurance information into 
research data. Part of this process involves transforming diagnostic 
information on a beneficiary's Medicare claims into information about 
their chronic medical conditions. The data repository will be designed 
to support research, policy analysis, quality improvement activities, 
and demonstrations that attempt to foster a better understanding of how 
to improve the quality of life and contain the health care costs of the 
chronically ill.

I. Description of the Proposed System of Records

A. Statutory and Regulatory Basis for SOR

    The statutory authority for this system is given under the 
provisions of Section 723 of the Medicare Prescription Drug 
Improvement, and Modernization Act of 2003.

B. Collection and Maintenance of Data in the System

    This system will collect and maintain individually identifiable and 
other data collected on Medicare beneficiaries and their providers who 
provide service to such beneficiaries. Data will be collected from 
Medicare administrative and claims records. The collected information 
will include, but is not limited to Medicare claims and eligibility 
data, name, address, telephone number, health insurance claims number, 
social security number, race/ethnicity, gender, date of birth, date of 
death, enrollment in Part A and Part B information, provider name, 
unique provider identification number, as well as clinical, 
demographic, health/well-being, and background information relating to 
Medicare 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 CCDR 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 CCDR.
    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 
a person-level view of identifiable data to establish a data repository 
to study chronically ill Medicare beneficiaries.
    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

    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, consultants or grantees, who have been 
engaged by the agency to assist in the performance of a service related 
to this collection 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. 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, 
consultant or grantee 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, 
consultant or grantee from using or disclosing the information for any 
purpose other than that described in the contract and requires the 
contractor, consultant or grantee 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 CCDR information in order to 
support evaluations and monitoring of Medicare claims information of 
beneficiaries, including

[[Page 54497]]

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 CCDR data will provide for research or support of evaluation 
projects and 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 
policies that govern their care.
    4. To Quality Improvement Organizations (QIO) in connection with 
review of claims, or in connection with studies or other review 
activities conducted pursuant to Part B of Title XI of the Act, and in 
performing affirmative outreach activities to individuals for the 
purpose of establishing and maintaining their entitlement to Medicare 
benefits or health insurance plans.
    QIOs will work to implement quality improvement programs, provide 
consultation to CMS, its contractors, and to state agencies. QIOs will 
assist state agencies in related monitoring and enforcement efforts, 
assist CMS and intermediaries in program integrity assessment, and 
prepare summary information for release to CMS.
    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 
compatible 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, waste, or abuse in such program.
    We contemplate disclosing information under this routine use only 
in situations in which CMS may enter into a contractual, grantee, 
cooperative agreement or consultant relationship with a third party to 
assist in accomplishing CMS functions relating to the purpose of 
combating fraud, waste, and abuse. CMS occasionally contracts out 
certain of its functions or makes grants or cooperative agreements when 
doing so would contribute to effective and efficient operations. CMS 
must be able to give a contractor, grantee, consultant or other legal 
agent whatever information is necessary for the agent to fulfill its 
duties. In these situations, safeguards are provided in the contract 
prohibiting the agent from using or disclosing the information for any 
purpose other than that described in the contract and requiring the 
agent 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, 
waste, 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, waste, or abuse in such programs.
    Other agencies may require CCDR information for the purpose of 
combating fraud, waste, and abuse in such Federally-funded programs.

B. Additional Provisions Affecting Routine Use Disclosures

    To the extent 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, subparts A and E) 65 FR 82462 (12-28-00). Disclosures of such PHI 
that are otherwise 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.'' (See 45 CFR 
164.512(a)(1)).
    In addition, our policy will be to prohibit release even of data 
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 
because of the small size, use of this information could allow for the 
deduction of the identity of the beneficiary).

IV. Safeguards

    CMS has safeguards in place for authorized users and monitors of 
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 may apply 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 Proposed System of Records 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

[[Page 54498]]

the routine uses identified in this system of records.
    CMS will take precautionary measures 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 are 
maintained in this system. 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 information relating to individuals.

    Dated: September 1, 2006.
Charlene Frizzera,
Acting Chief Operating Officer, Centers for Medicare & Medicaid 
Services.
System No.: 09-70-0573.

System Name:
    ``Chronic Condition Data Repository (CCDR),'' HHS/CMS/ORDI.

Security Classification:
    Level Three Privacy Act Sensitive Data.

System Location:
    CMS Data Center, 7500 Security Boulevard, North Building, First 
Floor, Baltimore, Maryland 21244-1850 and at various other contractor 
locations.

Categories of Individuals Covered by the System:
    This system will collect and maintain individually identifiable and 
other data collected on Medicare beneficiaries and their providers who 
provide service to such beneficiaries. Data will be collected from 
Medicare administrative and claims records.

Categories of Records in the System:
    The collected information will include, but is not limited to 
Medicare claims and eligibility data, name, address, telephone number, 
health insurance claims number, social security number, race/ethnicity, 
gender, date of birth, date of death, enrollment in Part A and Part B 
information, provider name, unique provider identification number, as 
well as clinical, demographic, health/well-being, and background 
information relating to Medicare issues.

Authority for Maintenance of the System:
    The statutory authority for this system is given under the 
provisions of Section 723 of the Medicare Prescription Drug 
Improvement, and Modernization Act of 2003.

Purpose(s) of the System:
    The purpose of this system is to collect and maintain a person-
level view of identifiable data to establish a data repository to study 
chronically ill Medicare beneficiaries. This system will utilize data 
extraction tools to support accessing data by chronic conditions and 
process complex customized research data requests related to chronic 
illnesses. Information retrieved from this system may be disclosed to: 
(1) Support regulatory, reimbursement, and policy functions performed 
within the agency or by a contractor, grantee, consultant or other 
legal agent; (2) assist another Federal or state agency with 
information to contribute to the accuracy of CMS's proper payment of 
Medicare benefits, 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) support 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 Quality Improvement Organizations (QIO); (5) support 
litigation involving the agency; and (6) combat fraud and abuse in 
certain Federally-funded health benefits programs.

Routine Uses of Records Maintained in The System, Including Categories 
of Users and The Purposes of Such Uses:
    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, consultants or grantees, who have been 
engaged by the agency to assist in the performance of a service related 
to this collection 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 Quality Improvement Organizations (QIO) in connection with 
review of claims, or in connection with studies or other review 
activities conducted pursuant to Part B of Title XI of the Act, and in 
performing affirmative outreach activities to individuals for the 
purpose of establishing and maintaining their entitlement to Medicare 
benefits or health insurance plans.
    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 
compatible 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

[[Page 54499]]

against, correct, remedy, or otherwise combat fraud or abuse in such 
programs.
    B. Additional Provisions Affecting Routine Use Disclosures.
    To the extent 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, subparts A and E) 65 FR 82462 (12-28-00). Disclosures of such PHI 
that are otherwise 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.'' (See 45 CFR 
164.512(a)(1)).
    In addition, our policy will be to prohibit release even of data 
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 
because of the small size, use of this information could allow for the 
deduction of 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 electronic media.

Retrievability:
    The collected data are retrieved by an individual identifier; e.g., 
beneficiary name or HICN, and unique provider identification number.

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 may apply 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 information for a total period not to exceed 6 
years and 3 months. All claims-related records are encompassed by the 
document preservation order and will be retained until notification is 
received from DOJ.

System Manager and Address:
    Director, Division of Survey Management & Data Release, Information 
and Methods Group, Office of Research, Development & Information, Mail 
Stop C3-16-07, Centers for Medicare & Medicaid Services, 7500 Security 
Boulevard, Baltimore, MD 21244-1849.

Notification Procedure:
    For purposes of access, the subject individual should write to the 
system manager who will require the system name, employee 
identification number, tax identification number, national provider 
number, and for verification purposes, the subject individual's name 
(woman's maiden name, if applicable), HICN, and/or SSN (furnishing the 
SSN is voluntary, but it may make searching for a record easier and 
prevent delay).

Record Access Procedure:
    For purposes 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).

Records Source Categories:
    The data collected and maintained in this system are retrieved from 
the following databases: Medicare Drug Data Processing System, Medicare 
Beneficiary Database, Medicare Advantage Prescription Drug System, 
Medicaid Statistical Information System, Retiree Drug Subsidy Program, 
Common Working File, National Claims History, Enrollment Database, 
Carrier Medicare Claims Record, Intermediary Medicare Claims Record, 
Unique Physician/Provider Identification Number, Medicare Supplier 
Identification File, a Current Beneficiary Survey, National Plan & 
Provider Enumerator System, Long Term Care MDS, HHA Outcome and 
Assessment Information Set, and Integrated Data Repository.

Systems Exempted from Certain Provisions of the Act:
    None.

 [FR Doc. E6-15130 Filed 9-14-06; 8:45 am]
BILLING CODE 4120-03-P