Privacy Act of 1974; Report of a Modified or Altered System of Records, 65527-65531 [E6-18814]

Agencies

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

[Federal Register Volume 71, Number 216 (Wednesday, November 8, 2006)]
[Notices]
[Pages 65527-65531]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18814]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services


Privacy Act of 1974; Report of a Modified or Altered System of 
Records

AGENCY: Department of Health and Human Services (HHS), Centers for 
Medicare & Medicaid Services (CMS).

ACTION: Notice of a Modified or Altered System of Records (SOR).

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SUMMARY: In accordance with the Privacy Act of 1974, we are proposing 
to modify or alter an existing SOR, ``Medicaid Statistical Information 
System (MSIS),'' System No. 09-70-6001, last published at 67 FR 48906 
(July 26, 2002). CMS is reorganizing its databases because of the 
impact of the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003 (MMA) (Public Law (Pub. L.) 108-173) 
provisions and the large volume of information the Agency collects to 
administer the Medicare program. We propose to assign a new CMS 
identification number to this system to simplify the obsolete and 
confusing numbering system originally designed to identify the Bureau, 
Office, or Center that maintained the system of records. The new 
assigned identifying number for this system should read: System No. 09-
70-0541.
    We propose to modify existing routine use number 1 that permits 
disclosure to agency contractors and consultants to include disclosure 
to CMS grantees who perform a task for the agency. CMS grantees, 
charged with completing projects or activities that require CMS data to 
carry out that activity, are classified separate from CMS contractors 
and/or consultants. The modified routine use will remain as routine use 
number 1. We will delete routine use number 4 authorizing disclosure to 
support constituent requests made to a congressional representative. If 
an authorization for the disclosure has been obtained from the data 
subject, then no routine use is needed. The Privacy Act allows for 
disclosures with the ``prior written consent'' of the data subject.
    We will broaden the scope of routine uses number 5 and 6, 
authorizing disclosures to combat fraud and abuse in the Medicare and 
Medicaid programs to include combating ``waste'' which refers to 
specific beneficiary/recipient practices that result in unnecessary 
cost to all federally-funded health benefit programs.
    We are modifying the language in the remaining routine uses to 
provide a proper explanation as to the need for the routine use and to 
provide clarity to CMS's intention to disclose individual-specific 
information contained in this system. The routine uses will then be 
prioritized and reordered according to their usage. We will also take 
the opportunity to update any sections of the system that were affected 
by the recent reorganization or because of the impact of the Medicare 
Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) 
(Public Law 108-173) provisions and to update language in the 
administrative sections to correspond with language used in other CMS 
SORs.
    The primary purpose of this modified system is to establish an 
accurate, current, and comprehensive database containing standardized 
enrollment, eligibility, and paid claims of Medicaid beneficiaries to 
be used for the administration of Medicaid at the Federal level, 
produce statistical reports, support Medicaid related research, and 
assist in the detection of fraud and abuse in the Medicare and Medicaid 
programs. 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) support a research or evaluation project; (4) 
support litigation involving the agency; and (5) combat fraud, waste, 
and abuse. We have provided background information about the modified 
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 modified or altered routine uses, 
CMS invites comments on all portions of this notice. See Effective 
Dates section for comment period.

DATES: Effective Dates: CMS filed a modified or altered system 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 November 
2, 2006. To ensure that all parties have adequate time in which to 
comment, the modified system, including routine uses, will become 
effective 30 days from the publication of the notice, or 40 days from 
the date it was submitted to OMB and Congress, whichever is later, 
unless CMS receives comments that require alterations to this notice.

ADDRESSES: The public should address comments to: CMS Privacy Officer, 
Division of Privacy Compliance, Enterprise Architecture and Strategy 
Group, Office of Information Services, CMS, Room 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: Ron North, Division of Informational 
Analysis and Technical Assistance, Finance, Systems & Budget Group, 
Center for Medicaid and State Operations, CMS, Mail Stop S3-13-15, 7500 
Security Boulevard, Baltimore, Maryland 21244-1850. He can also be

[[Page 65528]]

reached by telephone at 410-786-5651, or via e-mail at 
Ronald.North@cms.hhs.gov.

SUPPLEMENTARY INFORMATION: In 1994, CMS established a new SOR under the 
authority of section 1902 (a)(6) of the Social Security Act (the Act) 
(42 Code of Federal Regulations (CFR) 1396(a)(6)), and the Balanced 
Budget Act (Public Law 105-33). Notice of this system, MSIS, was 
published in the Federal Register (FR) at 58 FR 41327 (August 1, 1994), 
an unnumbered routine use was added for the Social Security 
Administration (SSA) at 61 FR 6645 (February 21, 1996), three new fraud 
and abuse routine uses were added at 63 FR 38414 (July 16, 1998), two 
of the fraud and abuse routine uses were revised and a third deleted at 
65 FR 50552 (August 18, 2000), and three routine uses were deleted and 
the security classification was modified at 67 FR 48906 (July 26, 
2002).

I. Description of the Modified or Altered System of Records

A. Statutory and Regulatory Basis for SOR

    Authority for maintenance of the system is given under section 1902 
(a)(6) of the Social Security Act (42 U.S.C. 1396a (a)(6)), and Title 
IV of the Balanced Budget Act (Public Law 105-33).

B. Collection and Maintenance of Data in the System

    MSIS contains information on Medicaid beneficiaries, and physicians 
and other providers involved in furnishing services to Medicaid 
beneficiaries. Information contained in this system includes, but is 
not limited to: Assigned Medicaid identification number, social 
security number, health insurance claim number, date of birth, gender, 
ethnicity and race, medical services, equipment, and supplies for which 
Medicaid reimbursement is requested, and materials used to determine 
amount of benefits allowable under Medicaid. Information on physicians 
and other providers of services to the beneficiary consist of an 
assigned provider identification number, and information used to 
determine whether a sanction or suspension is warranted.

II. Agency Policies, Procedures, and Restrictions on the Routine Use

A. 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 MSIS 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 MSIS. CMS has the following policies and procedures 
concerning disclosures of information that will be maintained in the 
system. Disclosure of information from this 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 establish an 
accurate, current, and comprehensive database containing 
standardized enrollment, eligibility, and paid claims of Medicaid 
beneficiaries to be used for the administration of Medicaid at the 
Federal level, produce statistical reports, support Medicaid related 
research, and assist in the detection of fraud and abuse in the 
Medicare and Medicaid programs.
    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. 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 support 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, consultant or grantee 
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 assist another Federal or state agency, agency of a state 
government, an agency established by state law, or its fiscal agent 
to:
    a. Contribute to the accuracy of CMS' proper management of 
Medicare/Medicaid benefits; and/or
    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 MSIS information for the purposes 
of determining, evaluating, and/or assessing cost, effectiveness, 
and/or the quality of health care services provided in the state.
    SSA may require MSIS data to enable them to assist in the 
implementation and maintenance of the Medicare/Medicaid program.
    Disclosure under this routine use shall be used by state 
Medicaid agencies pursuant to agreements with HHS for determining 
Medicaid and Medicare eligibility, for quality control studies, for 
determining eligibility of recipients of assistance under Title IV, 
XVIII, XIX and XXI of the Act, and for the administration of the 
Medicaid program.
    Data will be released to the state only on those individuals who 
are eligible enrollees, and beneficiaries under the services of a 
Medicaid program within the state or who are residents of that 
state.
    We also contemplate disclosing information under this routine 
use in situations in which state auditing agencies require MSIS 
information for auditing state Medicaid eligibility considerations. 
CMS may enter into an agreement with state auditing agencies to 
assist in accomplishing

[[Page 65529]]

functions relating to purposes for this system of records.
    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 MSIS data will provide for research or in support of 
evaluation projects, a broader, 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 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.
    5. 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, and 
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, waste, 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.
    6. 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, and 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, and 
abuse in such programs.
    Other agencies may require MSIS 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 
individuals 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 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 Modified System of Records on Individual Rights

    CMS proposes to modify 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 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 the 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: November 1, 2006.
John R. Dyer,
Chief Operating Officer, Centers for Medicare & Medicaid Services.
SYSTEM NO. 09-70-0541

SYSTEM NAME:
    ``Medicaid Statistical Information System (MSIS),'' HHS/CMS/CMSO.

SECURITY CLASSIFICATION:
    Level Three Privacy Act Sensitive Data.

SYSTEM LOCATION:
    The Centers for Medicare & Medicaid Services (CMS) Data Center, 
7500 Security Boulevard, North Building, First Floor, Baltimore, 
Maryland 21244-1850 and at various contractor sites and at CMS Regional 
Offices.

[[Page 65530]]

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    MSIS contains information on Medicaid beneficiaries, and physicians 
and other providers involved in furnishing services to Medicaid 
beneficiaries.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information contained in this system includes, but is not limited 
to: assigned Medicaid identification number, social security number 
(SSN), health insurance claim number (HICN), date of birth, gender, 
ethnicity and race, medical services, equipment, and supplies for which 
Medicaid reimbursement is requested, and materials used to determine 
amount of benefits allowable under Medicaid. Information on physicians 
and other providers of services to the beneficiary consist of an 
assigned provider identification number, and information used to 
determine whether a sanction or suspension is warranted.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Authority for maintenance of the system is given under section 
1902(a)(6) of the Social Security Act (42 U.S.C. 1396a(a)(6)), and 
Title IV of the Balanced Budget Act (Public Law 105-33).

PURPOSE(S) OF THE SYSTEM:
    The primary purpose of this modified system is to establish an 
accurate, current, and comprehensive database containing standardized 
enrollment, eligibility, and paid claims of Medicaid beneficiaries to 
be used for the administration of Medicaid at the Federal level, 
produce statistical reports, support Medicaid related research, and 
assist in the detection of fraud and abuse in the Medicare and Medicaid 
programs. 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) support a research or evaluation project; (4) 
support litigation involving the agency; and (5) combat fraud, waste, 
and abuse.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OR USERS AND THE PURPOSES OF SUCH USES:
    A. 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 support 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 assist another Federal or state agency, agency of a state 
government, an agency established by state law, or its fiscal agent to:
    a. Contribute to the accuracy of CMS' proper management of 
Medicare/Medicaid benefits; and/or
    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 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.
    5. 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, and abuse in such program.
    6. 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, and 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, and 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 
individuals 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 computer diskette and magnetic media.

RETRIEVABILITY:
    Information can be retrieved by the assigned beneficiary 
identification number, SSN, HICN, and the assigned physician or other 
providers of services 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

[[Page 65531]]

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 identifiable MSIS data for a total period not to 
exceed 10 years after the final determination of the case is completed. 
All claims-related records are encompassed by the document preservation 
order and will be retained until notification is received from DOJ.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, Division of Informational Analysis and Technical 
Assistance, Finance, Systems & Budget Group, Center for Medicaid and 
State Operations, CMS, Mail Stop S3-18-15, 7500 Security Boulevard, 
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, HICN, address, date of 
birth, and gender, and for verification purposes, the subject 
individual's name (woman's maiden name, if applicable), and SSN. 
Furnishing the SSN is voluntary, but it may make searching for a record 
easier and prevent delay.

RECORD ACCESS PROCEDURE:
    For purpose of access, use the same procedures outlined in 
Notification Procedures above. Requestors should also specify the 
record contents being sought. (These procedures are in accordance with 
department regulation 45 CFR 5b.5(a)(2).)

CONTESTING RECORDS PROCEDURES:
    The subject individual should contact the system manager named 
above, and reasonably identify the records 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:
    CMS obtains the identifying information contained in this system 
from state Medicaid agencies, or Medicaid Management Information 
Systems maintained by the individual states, and information contained 
on CMS Form 2082.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

[FR Doc. E6-18814 Filed 11-7-06; 8:45 am]
BILLING CODE 4120-03-P