Office of Consumer Information and Insurance Oversight: Privacy Act of 1974; Report of a New System of Records, 38526-38530 [2010-16167]

Agencies

• DEPARTMENT OF HEALTH AND HUMAN SERVICES

[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Notices]
[Pages 38526-38530]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16167]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES


Office of Consumer Information and Insurance Oversight: Privacy 
Act of 1974; Report of a New System of Records

AGENCY: Department of Health and Human Services (HHS).

ACTION: Notice of a New System of Records.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, the U.S. Department of Health and Human Services' (HHS) Office of 
Consumer Information and Insurance Oversight (OCIIO) is proposing to 
establish a new system of records (SOR) titled ``Pre-Existing Condition 
Insurance Plan (PCIP),'' System No. 09-90-0275. Section 1101 of Title I 
of the Patient Protection and Affordable Care Act of 2010 (Affordable 
Care Act) requires that the Secretary of Health and Human Services 
establish, either directly or through contracts with States and 
nonprofit private entities, a temporary high risk health insurance pool 
program to make health insurance coverage available at standard rates 
to uninsured individuals with pre-existing conditions. This program 
will continue until January 1, 2014, when American Health Benefit 
Exchanges established under sections 1311 and 1321 of the Affordable 
Care Act will be available for individuals to obtain health insurance 
coverage. HHS provided each State or its designated nonprofit entity 
the opportunity to contract with HHS to establish this program. 
However, to the extent that HHS does contract with a State to 
administer the program, HHS will make available a Pre-Existing 
Insurance Plan in such State under arrangements with the U.S. Office of 
Personnel Management, the U.S. Department of Agriculture's National 
Finance Center (NFC), and one or more nonprofit entities to serve as a 
third-party administrator (TPA) responsible for maintaining a network 
of health care providers and adjudicating claims for covered services.
    The purpose of this system of records is to collect and maintain 
information on individuals who apply for enrollment in the program. 
This information will enable HHS acting through NFC, OPM, and any 
third-party administrator(s) to determine applicants' eligibility, 
enroll eligible individuals into the program, adjudicate appeals of 
eligibility and coverage determinations, bill and collect premium 
payments, and process and pay claims for covered health care items and 
services furnished to eligible individuals. Information maintained in 
this system will also be disclosed to: (1) Support regulatory, 
reimbursement, and policy functions performed by an HHS contractor, 
consultant or grantee; (2) assist another Federal or State agency, 
agency of a State government, an agency established by State law, or 
its fiscal agent; (3) support litigation involving the Department; (4) 
combat fraud and abuse in certain health benefits programs; and (5) 
assist efforts to respond to a suspected or confirmed breach of the 
security or confidentiality of information maintained in this system of 
records. We have provided background information about the modified 
system in the ``Supplementary Information'' section below. Although the 
Privacy Act requires only that HHS provide an opportunity for 
interested persons to comment on the proposed routine uses, HHS invites 
comments on all portions of this notice. See EFFECTIVE DATES section 
for comment period.

DATES: Effective: HHS filed a new system report with the Chair of the 
House Committee on Government Reform and Oversight, the Chair of the 
Senate Committee on Homeland Security and Governmental Affairs, and the 
Administrator, Office of Information and Regulatory Affairs, Office of 
Management and Budget (OMB) on June 28, 2010. The system of records, 
except the routine uses, will become effective upon publication in the 
Federal Register. To ensure that all parties have adequate time in 
which to comment on the routine uses, the 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 HHS receives comments that require alterations to the routine 
uses.

ADDRESSES: The public should address comments to: HHS Privacy Officer, 
Office of the Secretary, Office of the Assistant Secretary for Public 
Affairs (ASPA), Freedom of Information/Privacy Acts Division, 330 ``C'' 
Street, SW., Washington, DC 20201. Telephone number: (202) 690-7453. 
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. e.t.

FOR FURTHER INFORMATION CONTACT: Jill Gotts, Office of Consumer 
Information and Insurance Oversight (OCIIO), Office of the Secretary, 
Department of Health and Human Services. She can be reached at (202) 
690-5894, or contact via e-mail at jill.gotts@cms.hhs.gov.

SUPPLEMENTARY INFORMATION: Individuals who have a pre-existing 
condition are often unable to obtain insurance coverage in the 
individual market and in many cases are denied coverage entirely, are 
offered coverage with a rider that excludes coverage for the pre-
existing condition, or are offered coverage at an unaffordable premium. 
The Pre-Existing Condition Insurance Plan will enable eligible 
individuals with pre-existing conditions to purchase coverage without 
any pre-existing condition coverage exclusions at standard individual 
insurance market rates. Section 1101 of the Act requires that the 
Secretary of the Department of Health and Human Services (HHS) 
establish, either directly or through contracts with States or 
nonprofit private entities, a temporary high risk pool program to 
provide access to affordable insurance for uninsured Americans with 
pre-existing conditions.

[[Page 38527]]

This transitional program is intended to remain in place from the time 
of its establishment until the American Health Benefit Exchanges 
established under sections 1311 or 1321 of the Act go into effect on 
January 1, 2014.
    Eligible individuals may access coverage through a Pre-Existing 
Condition Insurance Plan that will be established in each State by HHS, 
either directly or through a contract with the State or a non-profit 
entity. Individuals are eligible to enroll in a qualified high risk 
pool if they are citizens or nationals of the 50 States or District of 
Columbia, or are otherwise lawfully present; have not been covered 
under creditable coverage during the 6-month period prior to applying 
for coverage through this program; and have a pre-existing condition.
    Individuals who enroll in qualified high risk pools are entitled 
under section 1101 of the Act to coverage that has an actuarial value 
of at least 65 percent of total allowed costs, and has a limit on 
enrollee out-of-pocket expenses that does not exceed the amount 
available to individuals with a high deductible health plan linked to a 
tax-preferred health savings account. The Pre-Existing Condition 
Insurance Plan will be available to eligible individuals for a premium 
that is no more than 100 percent of the standard individual market rate 
for that coverage. Premiums charged in the pool may vary only on the 
basis of the type of coverage (individual or family), age (by a factor 
no greater than 4 to 1).
    The statute appropriates $5 billion in funding for the program, and 
specifies that these funds are available for the payment of claims and 
administrative costs that are in excess of the premiums collected from 
enrollees in the program. The Secretary is given broad authority to 
make adjustments needed to comply with this funding limitation, 
including limiting applications for participation in the program. The 
Secretary may carry out this program either directly or through 
contracts with eligible entities, including States and nonprofit 
private entities. To the extent that States meet the requirements 
described in the Act, HHS will contract with them to administer the new 
program. If a State declined to contract with HHS, or does not submit 
an application demonstrating the capability to meet the requirements of 
this program, HHS will administer that program in that State through a 
contract with a nonprofit private entity.
    The Affordable Care Act also requires that the Secretary establish 
criteria to protect against ``dumping risk'' by insurers; the Act 
spells out criteria associated with these anti-dumping rules, and sets 
forth remedies when such situations occur. We are also required to 
establish oversight procedures, including appeals procedures and 
protections against fraud, waste, and abuse.
    Finally, the statute specifies that coverage of eligible 
individuals under the high risk pool program will terminate on January 
1, 2014. The Secretary is charged with developing procedures to 
transition qualified high risk pool enrollees to the American Health 
Benefit Exchanges, established under sections 1311 or 1321 of the Act, 
to ensure that there are no lapses in health coverage.

I. Description of the Proposed System of Records

A. Statutory and Regulatory Basis for System

    Authority for the collection, maintenance, and disclosures from 
this system is given under provisions of Section 1101 of the Affordable 
Care Act.

B. Collection and Maintenance of Data in the System

    Information in this system is maintained on individuals who apply 
to enroll in the Pre-Existing Condition Insurance Plan. Information 
maintained in this system includes, but is not limited to, the 
applicant's first name, last name, middle initial, address, date of 
birth, Social Security Number (SSN), gender, state of residence, 
information about prior coverage, information about the citizenship or 
lawful presence, and information about prior denials of insurance 
coverage or exclusions.

II. Agency Policies, Procedures, and Restrictions on Routine Uses

    A. 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 PCIP 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 disclose the minimum personal data necessary to 
achieve the purpose of PCIP. HHS has the following policies and 
procedures concerning disclosures of information that will be 
maintained in the system. In general, disclosure of information from 
the system will be approved only for the minimum information necessary 
to accomplish the purpose of the disclosure and only after HHS:
    1. Determines that the use or disclosure is consistent with the 
reason that the data is being collected, e.g., to collect, maintain, 
and process information necessary to effectively and efficiently 
administer the PCIP;
    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 individually-
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

    These routine uses specify circumstances, in addition to those 
provided by statute in the Privacy Act of 1974, under which HHS may 
release information from the PCIP without the consent of the individual 
to whom such information pertains. Each proposed disclosure of 
information under these routine uses will be evaluated to ensure that 
the disclosure is legally permissible, including but not limited to 
ensuring that the purpose of the disclosure is compatible with the 
purpose for which the information was collected. We propose to 
establish the following routine use disclosures of information 
maintained in the system:
    1. To support HHS contractors, consultants, or HHS grantees who 
have been engaged by HHS to assist in accomplishment of an HHS function 
relating to the purposes for this SOR and who need to have access to 
the records in order to assist HHS.

[[Page 38528]]

    We contemplate disclosing information under this routine use only 
in situations in which HHS may enter into a contractual or similar 
agreement with a third party to assist in accomplishing an HHS function 
relating to purposes for this SOR. HHS occasionally contracts out 
certain of its functions when doing so would contribute to effective 
and efficient operations. HHS will give a contractor, consultant, or 
HHS grantee the information 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. Contractors are also required to provide the appropriate 
management, operational, and technical controls to secure the data.
    2. To assist another Federal or state agency, agency of a state 
government, an agency established by state law, or its fiscal agent 
pursuant to agreements with HHS to determine applicants' eligibility 
for the Pre-existing Condition Insurance Plan, enroll eligible 
individuals into the plan, adjudicate appeals of eligibility and 
coverage determinations, bill and collect premium payments, and process 
and pay claims for covered health care items and services furnished to 
eligible individuals.
    Other Federal or state agencies in their administration of the Pre-
existing Condition Insurance Plan may require PCIP information in order 
to carry out their functions pursuant to their agreements with HHS.
    3. To support the Department of Justice (DOJ), court, or 
adjudicatory body when:
    a. The Department or any component thereof, or
    b. Any employee of HHS in his or her official capacity, or
    c. Any employee of HHS 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, HHS 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 HHS is involved in litigation, or occasionally when 
another party is involved in litigation and HHS's policies or 
operations could be affected by the outcome of the litigation, HHS 
would be able to disclose information to the DOJ, court, or 
adjudicatory body involved.
    4. To assist an HHS contractor that assists in the administration 
of an HHS-administered health benefits program, or to a grantee of an 
HHS-administered grant program, when disclosure is deemed reasonably 
necessary by HHS 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 HHS may enter into a contract or grant with a 
third party to assist in accomplishing HHS functions relating to the 
purpose of combating fraud, waste or abuse. HHS occasionally contracts 
out certain of its functions when doing so would contribute to 
effective and efficient operations. HHS 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.
    5. To assist 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 HHS 
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 PCIP information for the purpose of 
combating fraud, waste or abuse in such Federally-funded programs.
    6. To assist appropriate Federal agencies and Department 
contractors that have a need to know the information for the purpose of 
assisting the Department's efforts to respond to a suspected or 
confirmed breach of the security or confidentiality of information 
maintained in this system of records, and the information disclosed is 
relevant and unnecessary for the assistance. Other agencies may require 
PCIP information for the purpose of assisting the Department's efforts 
to respond to a suspected or confirmed breach of the security or 
confidentiality of information maintained in this system of records.

B. Additional Circumstances Affecting Routine Use Disclosures

    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 individual).

IV. Safeguards

    HHS has safeguards in place for authorized users and monitors such 
users to ensure against 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 and HHS 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 E-Government Act of 2002, and the Clinger-Cohen 
Act of 1996; OMB Circular A-130, Management of Federal Resources, 
Appendix III, Security of Federal Automated Information Resources also 
applies. Federal and HHS policies and standards include but are not 
limited to: all pertinent National Institute of Standards and 
Technology publications; and the HHS Information Systems Program 
Handbook.

V. Effects of the New System on the Rights of Individuals

    HHS 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.

[[Page 38529]]

We will only disclose the minimum personal data necessary to achieve 
the purpose of PCIP. Disclosure of information from the system will be 
approved only to the extent necessary to accomplish the purpose of the 
disclosure.
    HHS 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. HHS will collect only 
that information necessary to perform the system's functions. In 
addition, HHS 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.
    HHS, therefore, does not anticipate an unfavorable effect on 
individual privacy as a result of the disclosure of information 
relating to individuals.

    Dated: June 25, 2010.
Richard Popper,
Deputy Director.
SYSTEM NUMBER:
    09-90-0275.

System Name:
    ``Pre-Existing Condition Insurance Plan (PCIP),'' OCIIO, OS/HHS.

Security Classification:
    None.

System Location:
    Office of Consumer Information and Insurance Oversight, U.S. 
Department of Health & Human Services, 200 Independence Avenue, SW., 
Suite 738F, Washington, DC 20201.

Categories of Individuals Covered by the System:
    Information in this system is maintained on individuals who apply 
to enroll in the Pre-Existing Condition Insurance Plan.

Categories of Records in the System:
    Information in this system is maintained on individuals who enroll 
in the Pre-Existing Condition Insurance Plan. Information maintained in 
this system includes, but is not limited to, the applicant's first 
name, last name, middle initial, mailing address or permanent 
residential address (if different than the mailing address), date of 
birth, Social Security Number (if the applicant has one), gender, email 
address, telephone number. The system will also maintain information to 
make a decision about an applicant's eligibility. We collect and 
maintain information that the applicant submits pertaining to (1) his 
or her citizenship or immigration status, since only individuals who 
are citizens or nationals of the U.S. or lawfully present are eligible 
to enroll; (2) coverage an individual had during the prior twelve 
months from the date of application in order to establish that such 
individual has been without creditable coverage for at least six months 
are eligible to enroll and to assess whether insurers are discouraging 
an individual from remaining enrolled in prior coverage due to health 
status; and (3) an insurance company's denial of coverage, offer of 
coverage with a medical condition exclusion rider, or, for an applicant 
is guaranteed an offer of coverage, coverage that is medically 
underwritten. Information will also be maintained with respect to the 
applicant's premium amount and payment history.

Authority for Maintenance of the System:
    Authority for the collection, maintenance, and disclosures from 
this system is given under provisions of Section 1101 of the Patient 
Protection and Affordable Care Act (Pub. L. 111-148).

Purpose(s) of the System:
    The purpose of this system of records is to collect and maintain 
information on individuals who apply for enrollment in the program. 
This information will enable HHS acting through NFC, OPM, and any 
third-party administrator(s) to determine applicants' eligibility, 
enroll eligible individuals into the program, adjudicate appeals of 
eligibility and coverage determinations, bill and collect premium 
payments, and process and pay claims for covered health care items and 
services furnished to eligible individuals. Information maintained in 
this system will also be disclosed to: (1) Support regulatory, 
reimbursement, and policy functions performed by an HHS contractor, 
consultant or grantee; (2) assist another Federal or State agency, 
agency of a State government, an agency established by State law, or 
its fiscal agent; (3) support litigation involving the Department; (4) 
combat fraud and abuse in certain health benefits programs; and (5) 
assist efforts to respond to a suspected or confirmed breach of the 
security or confidentiality of information maintained in this system of 
records.

Routine Uses of Records Maintained in the System, Including Categories 
or Users and the Purposes of Such Uses:
    B. Entities Who May Receive Disclosures Under Routine Use
    These routine uses specify circumstances, in addition to those 
provided by statute in the Privacy Act of 1974, under which HHS may 
release information from the PCIP without the consent of the individual 
to whom such information pertains. Each proposed disclosure of 
information under these routine uses will be evaluated to ensure that 
the disclosure is legally permissible, including but not limited to 
ensuring that the purpose of the disclosure is compatible with the 
purpose for which the information was collected. We propose to 
establish the following routine use disclosures of information 
maintained in the system:
    1. To support HHS contractors, consultants, or HHS grantees who 
have been engaged by HHS to assist in accomplishment of an HHS function 
relating to the purposes for this SOR and who need to have access to 
the records in order to assist HHS.
    2. To assist another Federal or state agency, agency of a state 
government, an agency established by state law, or its fiscal agent 
pursuant to agreements with HHS to determine applicants' eligibility 
for the Pre-existing Condition Insurance Plan, enroll eligible 
individuals into the plan, adjudicate appeals of eligibility and 
coverage determinations, bill and collect premium payments, and process 
and pay claims for covered health care items and services furnished to 
eligible individuals.
    3. To support the Department of Justice (DOJ), court, or 
adjudicatory body when:
    e. The Department or any component thereof, or
    f. Any employee of HHS in his or her official capacity, or
    g. Any employee of HHS in his or her individual capacity where the 
DOJ has agreed to represent the employee, or
    h. The United States Government, is a party to litigation or has an 
interest in such litigation, and by careful review, HHS 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.
    4. To assist an HHS contractor that assists in the administration 
of an HHS-administered health benefits program, or to a grantee of an 
HHS-administered grant program, when disclosure is deemed reasonably 
necessary by HHS 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.

[[Page 38530]]

    5. To assist 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 HHS 
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.
    6. To assist appropriate Federal agencies and Department 
contractors that have a need to know the information for the purpose of 
assisting the Department's efforts to respond to a suspected or 
confirmed breach of the security or confidentiality of information 
maintained in this system of records, and the information disclosed is 
relevant and unnecessary for the assistance.
    C. Additional Circumstances Affecting Routine Use Disclosures
    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:
    We will be storing records in hardcopy files and various electronic 
storage media (including DB2, Oracle, and other relational data 
structures).

Retrievability:
    Information is most frequently retrieved by first name, last name, 
middle initial, date of birth, or Social Security Number (SSN).

Safeguards:
    HHS has safeguards in place for authorized users and monitors such 
users to ensure against 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 and HHS 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 E-Government Act of 2002, and the Clinger-Cohen 
Act of 1996; OMB Circular A-130, Management of Federal Resources, 
Appendix III, Security of Federal Automated Information Resources also 
applies. Federal and HHS policies and standards include but are not 
limited to: all pertinent National Institute of Standards and 
Technology publications; and the HHS Information Systems Program 
Handbook.

Retention and Disposal:
    Records are maintained with identifiers for all transactions after 
they are entered into the system for a period of 10 years. Records are 
housed in both active and archival files in accordance with HHS data 
and document management policies and standards.

System Manager and Address:
    Anthony Culotta, High Risk Pool Program Division, Office of 
Insurance Programs, Office of Consumer Information and Insurance 
Oversight, U.S. Department of Health & Human Services, 200 Independence 
Avenue, SW., Suite 738F, Washington, DC 20201.

Notification Procedure:
    For purpose of notification, the subject individual should write to 
the system manager who will require the system name, and the retrieval 
selection criteria (e.g., name, SSN, etc.).

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:
    Record source categories include applicants who voluntarily submit 
data and personal information for the PCIP program.

Systems Exempted From Certain Provisions of the Act:
    None.

[FR Doc. 2010-16167 Filed 7-1-10; 8:45 am]
BILLING CODE 4150-65-P