Privacy Act of 1974, 54162-54163 [2010-22108]

Agencies

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

[Federal Register Volume 75, Number 171 (Friday, September 3, 2010)]
[Notices]
[Pages 54162-54163]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22108]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare and Medicaid Services

[CMS Computer Match No. 2010-01; HHS Computer Match No. 1006]


Privacy Act of 1974

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

ACTION: Notice of Computer Matching Program (CMP).

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, this notice announces the establishment of a CMP that 
CMS plans to conduct with the Health Administration Center (HAC) of the 
Department of Veteran Affairs. We have provided background information 
about the proposed matching program in the ``Supplementary 
Information'' section below. The Privacy Act provides an opportunity 
for interested persons to comment on the proposed matching program. We 
may defer implementation of this matching program if we receive 
comments that persuade us to defer implementation. See ``Effective 
Dates'' section below for comment period.

DATES: Effective Dates: CMS filed a report of the CMP with the Chair of 
the House Committee on Oversight and Government Reform, the Chair of 
the Senate Committee on Governmental Affairs, and the Acting 
Administrator, Office of Information and Regulatory Affairs, Office of 
Management and Budget (OMB) on August 27, 2010. We will not disclose 
any information under a matching agreement until 40 days after filing a 
report to OMB and Congress or 30 days after publication in the Federal 
Register, whichever is later. We may defer implementation of this 
matching program if we receive comments that persuade us to defer 
implementation.

ADDRESSES: The public should address comments to: Walter Stone, CMS 
Privacy Officer, Division of Information Security & Privacy Management 
(DISPM), Enterprise Architecture and Strategy Group (EASG), Office of 
Information Services (OIS), CMS, Mailstop N1-24-08, 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 
daylight time.

SUPPLEMENTARY INFORMATION:

I. Description of the Matching Program

A. General

    The Computer Matching and Privacy Protection Act of 1988 (Pub. L. 
100-503), amended the Privacy Act (5 U.S.C. 552a) by describing the 
manner in which computer matching involving Federal agencies could be 
performed and adding certain protections for individuals applying for 
and receiving Federal benefits.
    Section 7201 of the Omnibus Budget Reconciliation Act of 1990 (Pub. 
L. 101-508) further amended the Privacy Act regarding protections for 
such individuals. The Privacy Act, as amended, regulates the use of 
computer matching by Federal agencies when records in a system of 
records (SOR) are matched with other Federal, state, or local 
government records. It requires Federal agencies involved in computer 
matching programs to:
    1. Negotiate written agreements with the other agencies 
participating in the matching programs;
    2. Obtain the Data Integrity Board approval of the match 
agreements;
    3. Furnish detailed reports about matching programs to Congress and 
OMB;
    4. Notify applicants and beneficiaries that the records are subject 
to matching; and,
    5. Verify match findings before reducing, suspending, terminating, 
or denying an individual's benefits or payments.

B. CMS Computer Matches Subject to the Privacy Act

    CMS has taken action to ensure that all CMPs that this Agency 
participates in comply with the requirements of the Privacy Act of 
1974, as amended.

    Dated: August 30, 2010.
Michelle Snyder,
Deputy Chief Operating Officer, Centers for Medicare and Medicaid 
Services.
Computer Match No. 2010-01

NAME:
    ``Computer Matching Agreement Between the Centers for Medicare & 
Medicaid Services (CMS) and the Health Administration Center (HAC) of 
the Department of Veterans Affairs for Verification of CHAMPVA 
Eligibility''.

SECURITY CLASSIFICATION:
    Level Three Privacy Act Sensitive.

[[Page 54163]]

PARTICIPATING AGENCIES:
    The Centers for Medicare & Medicaid Services, and Health 
Administration Center (HAC) of the Department of Veterans Affairs.

AUTHORITY FOR CONDUCTING MATCHING PROGRAM:
    This Computer Matching Program (CMP) is executed to comply with the 
provisions of Public Laws (Pub. L.) 93-82, 94-581, 102-190, and 107-14 
(codified at Title 38 United States Code (U.S.C.) 1713, renumbered 
Title 38 U.S.C. 1781), which restrict CHAMPVA eligibility for benefits 
dependent upon a beneficiary's Medicare Part A and Part B status. This 
computer match will match CHAMPVA applicants and beneficiaries with 
Medicare Part A and B beneficiaries.

PURPOSE(S) OF THE MATCHING PROGRAM:
    The purpose of this computer matching agreement is to establish the 
conditions, safeguards and procedures under which the CMS and HAC will 
conduct a computer-matching program to determine entitlement to CHAMPVA 
benefits. Under the terms of this matching agreement, HAC will provide 
to CMS a list of social security numbers (SSN) for all CHAMPVA eligible 
beneficiaries who may also be eligible for Medicare benefits. This 
information is maintained in HAC's System of Records (SOR) entitled 
``Health Administration Center Civilian Health and Medical Program 
Records-VA.'' CMS agrees to conduct a computer match of the SSNs of 
beneficiaries provided by HAC against the information found in CMS's 
Enrollment Database (EDB) SOR. HAC will receive the results of the 
computer match in order to determine a beneficiary's eligibility for 
care under CHAMPVA.

CATEGORIES OF RECORDS AND INDIVIDUALS COVERED BY THE MATCH:
    Upon establishment of the CHAMPVA program under Public Law 93-82, 
CHAMPVA entitlement will be terminated when any individual becomes 
eligible for Medicare Part A (Hospital Insurance) on a non-premium 
basis. Public Law 94-581 provided for reinstatement of CHAMPVA as 
second payer for beneficiaries aged 65 and over who exhausted a period 
of Medicare Part (Hospital Insurance). These beneficiaries must also be 
enrolled in Medicare Part B (Medical Insurance) in order to retain 
their CHAMPVA entitlement. Public Law 102-190 extended CHAMPVA benefit 
to age 65 for any beneficiary eligible for Medicare Part A on the basis 
of disability/end stage renal disease (ESRD) only if that individual is 
also enrolled in Medicare Part B. Public Law 107-14 provided for 
extending benefit coverage for beneficiaries over the age of 65 years 
if the beneficiary is in receipt of Medicare Part A and Medicare Part 
B.

DESCRIPTION OF RECORDS TO BE USED IN THE MATCHING PROGRAM
Systems of Records
Records Maintained by HAC
    The information used in this matching program is maintained in the 
HAC system identified as 54VA16, entitled ``Health Administration 
Center Civilian Health and Medical Program Records-VA,'' last published 
at 68 FR 53784 (September 12, 2003). SSNs of CHAMPVA beneficiaries will 
be released to CMS pursuant to the routine use number 21 as set forth 
in the system notice.

Records Maintained by CMS
    The matching program will be conducted with data maintained by CMS 
in the EDB, System No. 09-70-0502, published at 67 FR 3203 (January 23, 
2002). Matched data will be released to HAC pursuant to the routine use 
number 2 as set forth in the system notice.

INCLUSIVE DATES OF THE MATCH:
    The CMP shall become effective no sooner than 40 days after the 
report of the Matching Program is sent to OMB and Congress, or 30 days 
after publication in the Federal Register, whichever is later. The 
matching program will continue for 18 months from the effective date 
and may be extended for an additional 12 months thereafter, if certain 
conditions are met.

[FR Doc. 2010-22108 Filed 9-2-10; 8:45 am]
BILLING CODE 4120-03-P