Privacy Act of 1974; Report of a New Routine Use for Selected CMS System of Records, 65196-65197 [2011-27149]
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65196
Federal Register / Vol. 76, No. 203 / Thursday, October 20, 2011 / Notices
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of the Secretary
Statement of Organization, Functions,
and Delegations of Authority; Office of
the National Coordinator for Health
Information Technology
ACTION:
Notice.
The Office of the National
Coordinator for Health Information
Technology has reorganized its office in
order to more effectively meet the
mission outlined by The Health
Information Technology for Economic
and Clinical Health (HITECH) Act, part
of the American Recovery and
Reinvestment Act of 2009 (ARRA). The
reorganization adds the position of
Principal Deputy.
FOR FURTHER INFORMATION CONTACT: Sam
Shellenberger, Office of the National
Coordinator, Office of the Secretary, 200
Independence Ave., SW., Washington,
DC 20201, 202–690–7151.
SUPPLEMENTARY INFORMATION: Part A,
Office of the Secretary, Statement of
Organization, Functions and
Delegations of Authority for the
Department of Health and Human
Services, Chapter AR, Office of the
National Coordinator for Health
Information Technology (ONC), as
amended at 74 FR 62785–62786, dated
December 1, 2009, as corrected at 75 FR
49494, dated August 13, 2010, and as
last amended at 76 FR 6795, dated
February 8, 2011 is amended as follows:
I. Under Part A, Chapter AR, Office of
the National Coordinator for Health
Information Technology, Section AR.10
Organization, insert Office of the
Principal Deputy as item B as follows
and renumber items B through F
accordingly:
B. Office of the Principal Deputy
(ARA1): The Office of the Principal
Deputy works with and reports directly
to the National Coordinator and will be
responsible for day-to-day operations,
decision making and staff management
of ONC. The Principal Deputy will
oversee the activities of four offices
within ONC: Office of the Deputy
National Coordinator for Programs and
Policy; Office of the Deputy National
Coordinator for Operations; Office of
Economic Analysis, Evaluation and
Modeling; and, Office of the Chief
Scientist. One of the current ONC
offices, the Office of the Chief Privacy
Officer, is a position mandated by the
American Recovery and Reinvestment
Act of 2009, and will continue to report
to the National Coordinator.
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SUMMARY:
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18:59 Oct 19, 2011
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II. Under Part A, Chapter AR, Office
of the National Coordinator for Health
Information Technology, Section AR.10
Organization, Paragraph C, ‘‘Office of
Economic Analysis, Evaluation and
Modeling (ARB),’’ delete the first
sentence in its entirety and replace with
the following: ‘‘The Office of Economic
Analysis, Evaluation and Modeling is
headed by a Director.’’
III. Delegation of Authority. Pending
further delegation, directives or orders
by the Secretary or by the National
Coordinator for Health Information
Technology, all delegations and
redelegations of authority made to
officials and employees of affected
organizational components will
continue in them or their successors
pending further redelegations, provided
they are consistent with this
reorganization.
Authority: 44 U.S.C. 3101.
Dated: October 13, 2011.
Kathleen Sebelius,
Secretary.
[FR Doc. 2011–27116 Filed 10–19–11; 8:45 am]
BILLING CODE 4150–45–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
Privacy Act of 1974; Report of a New
Routine Use for Selected CMS System
of Records
Department of Health and
Human Services (HHS), Centers for
Medicare & Medicaid Services (CMS).
ACTION: Notice of a new routine use for
selected CMS system of records.
AGENCY:
In accordance with the
requirements of the Privacy Act of 1974,
CMS is adding a new routine use to
disclose information to Qualified
Entities (QEs) for selected Centers for
Medicare & Medicaid Services (CMS)
systems of records. Section 10332 of the
Patient Protection and Affordable Care
Act (ACA) adds a new subsection to
Section 1874 of the Social Security Act,
requiring that the Secretary establish a
process to allow for the use of
standardized extracts of Medicare Parts
A, B, and D claims data by QEs to
evaluate and report on the performance
of providers of services and suppliers on
measures of quality, efficiency,
effectiveness, and resource use.
SUMMARY:
New Routine Use for Qualified Entities
1. To assist a public or private entity
that is qualified (as determined by the
Secretary of the Department of Health
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
and Human Services (the Secretary)) to
use Medicare claims data to evaluate the
performance of providers of services
and suppliers on measures of quality,
efficiency, effectiveness, and resource
use; and who agrees to meet the
requirements regarding the transparency
of their methods and their use and
protection of Medicare data as the
Secretary may specify, if CMS:
a. Determines that the use or
disclosure does not violate legal
limitations under which the record was
provided, collected, or obtained; and
b. Secures a written statement
attesting to the information recipient’s
understanding of and willingness to
abide by these provisions. Every
Qualified Entity receiving data must
have an agreement with CMS in the
form of an Information Exchange
Agreement or contract with all security
and privacy requirements included. A
Data Use Agreement (DUA) (CMS Form
0235) must be completed by the person
receiving CMS data in accordance with
current CMS policies.
This routine use fulfills the
requirement in section 1174(e) of the
Social Security Act (42 U.S.C. 1395kk
(e)) to make standardized extracts of
claims data under Medicare Parts A, B,
and D available to a Qualified Entity
(QE), recognized by the Secretary to
make evaluations of provider/supplier
performance in accordance with that
section, and that agrees to meet specific
requirements regarding the transparency
of their methods and their use and
protection of Medicare data. The IDR,
National Claims History (NCH), CCDR,
and Part D data will provide QEs, a
broader, longitudinal, national
perspective of the performance of
Medicare providers/suppliers for use in
authorized QE projects that could
ultimately improve the care provided to
Medicare beneficiaries and the policy
that governs the care.
CMS Systems of Records To Be
Modified by This Routine Use
This new routine use, when
published, will be added to the
compatible systems of records used to
disclose Medicare claims information
and numbered as the next consecutive
number in the order of published
routine uses for the following systems of
records notices:
1. ‘‘National Claims History (NCH),’’
System No. 09–70–0558, last published
at 71 FR 67137 (November 20, 2006).
The primary purpose of this system is
to collect and maintain billing and
utilization data on Medicare
beneficiaries enrolled in hospital
insurance (Part A) or medical insurance
(Part B) of the Medicare program for
E:\FR\FM\20OCN1.SGM
20OCN1
sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 203 / Thursday, October 20, 2011 / Notices
statistical and research purposes related
to evaluating and studying the operation
and effectiveness of the Medicare
program.
2. ‘‘Medicare Drug Data Processing
System (DDPS),’’ System No. 09–70–
0553, last published at 73 FR 30943
(May 29, 2008). The primary purpose of
this system is to collect, maintain, and
process information on all Medicare
covered, and as many non-covered drug
events as possible, for people with
Medicare who have enrolled into a
Medicare Part D plan.
3. ‘‘Medicare Integrated Data
Repository (IDR),’’ System No. 09–70–
0571, published at 71 FR 74915
(December 13, 2006). The primary
purpose of this system is to establish an
enterprise resource that provides one
integrated view of all CMS data to
administer the Medicare and Medicaid
programs.
4. ‘‘Chronic Condition Data
Repository (CCDR),’’ System No. 09–70–
0573, published at 71 FR 54495
(September 15, 2006). 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 utilizes data extraction
tools to support accessing data by
chronic conditions and processes
complex customized research data
requests related to chronic illnesses.
DATES: The Centers for Medicare &
Medicaid Services (CMS) invites
interested parties to submit written
comments on the proposed system until
November 16, 2011. As required by the
Privacy Act (5 U.S.C. 552a(r)), CMS on
October 17, 2011 sent a report of a new
system of records to the Committee on
Homeland Security and Governmental
Affairs of the Senate, the Committee on
Oversight and Government Reform of
the House of Representatives, and the
Office of Information and Regulatory
Affairs of the Office of Management and
Budget (OMB). The proposed action
described in this notice is effective on
November 26, 2011, unless CMS
receives comments which result in a
republication of the notice.
ADDRESSES: The public should address
comments to: CMS Privacy Officer,
Division of Information Security &
Privacy Management, Enterprise
Architecture and Strategy Group, Office
of Information Services, CMS, Room
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 Time zone.
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18:59 Oct 19, 2011
Jkt 226001
FOR FURTHER INFORMATION CONTACT:
Chris Haffer, Ph.D., Program Manager,
Data Development and Services Group,
Center for Strategic Planning, Centers
for Medicare and Medicaid Services,
7500 Security Boulevard, Mail-stop:
C3–24–07, Baltimore, MD 21244–1850.
Office: 410–786–8764, Facsimile: (410)
786–5515, E-mail address:
chris.haffer@cms.hhs.gov.
SUPPLEMENTARY INFORMATION: The
statute defines QEs as public or private
entities that are determined by the
Secretary to be qualified to use
Medicare claims data to make such
evaluations of provider/supplier
performance, and that agree to meet
specific requirements regarding the
transparency of their methods and their
use and protection of Medicare data.
The statute requires that Medicare
claims extracts be combined with other
claims data, although the statute is not
specific on what, or how much, other
claims data should be combined with
Medicare claims data. The statute
requires that the only use of such data
and the derived performance
information about providers and
suppliers be in reports in an aggregate
form, released and made available to the
public, after first making such reports
available to any identified provider or
supplier and affording an opportunity to
appeal and correct errors. The statute
also instructs the Secretary to take such
actions as she deems necessary to
protect the identity of individual
beneficiaries, and authorizes her to
establish additional requirements that
she may specify for QEs to meet, such
as ensuring the security of data. The
Medicare claims extracts are to be made
available to QEs at a fee equal to the cost
of making such data available (the fees
will be deposited into the Part B Trust
Fund).
Dated: October 12, 2011.
Michelle Snyder,
Deputy Chief Operating Officer, Centers for
Medicare & Medicaid Services.
[FR Doc. 2011–27149 Filed 10–19–11; 8:45 am]
BILLING CODE 4120–03–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
Statement of Organization, Functions,
and Delegations of Authority
Part F of the Statement of
Organization, Functions, and
Delegations of Authority for the
Department of Health and Human
Services, Centers for Medicare &
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
65197
Medicaid Services (CMS), (Federal
Register, Vol. 70, No. 249, pp. 77160–
77161, dated December 29, 2005; Vol.
75, No. 56, pp. 14176—14178, dated
March 24, 2010; and Vol. 76, No. 144,
pp. 44933–44934, dated July 27, 2011)
are amended to: (1) Realign the survey
and certification function from the
Center for Medicaid, CHIP and Survey
& Certification to the Office of Clinical
Standards and Quality (OCSQ) and to
change the organizational title for the
Center for Medicaid, CHIP and Survey
& Certification to the Center for
Medicaid and CHIP Services (CMCS),
and (2) realign the governmental
relations function from the Office of
Legislation (OL) to CMCS. Part F,
Sections FC.10 (Organization) and FC.20
(Functions) is revised as follows:
• Section FC. 10 (Organization):
Office of the Administrator (FC)
Office of Equal Opportunity and Civil
Rights (FCA)
Office of Legislation (FCC)
Office of the Actuary (FCE)
Office of Strategic Operations and
Regulatory Affairs (FCF)
Office of Clinical Standards and Quality
(FCG)
Center for Medicare (FCH)
Center for Medicaid and CHIP Services
(FCJ)
Center for Strategic Planning (FCK)
Center for Program Integrity (FCL)
Chief Operating Officer (FCM)
Office of Minority Health (FCN)
Center for Medicare and Medicaid
Innovation (FCP)
Federal Coordinated Health Care Office
(FCQ)
Center for Consumer Information and
Insurance Oversight (FCR)
Office of Public Engagement (FCS)
Office of Communications (FCT)
• Section FC.20 (Functions):
Center for Medicaid and CHIP Services
(FCJ)
• Serves as CMS’ focal point for the
formulation, coordination, integration,
implementation, and evaluation of all
national program policies and
operations relating to the Medicaid and
Children’s Health Insurance Program
(CHIP).
• In partnership with States,
evaluates the success of State agencies
in carrying out their responsibilities for
effective State program administration
and beneficiary protection, and, as
necessary, assists States in correcting
problems and improving the quality of
their operations.
• Identifies and proposes
modifications to Medicaid and CHIP
program measures, regulations, laws
and policies to reflect changes or trends
E:\FR\FM\20OCN1.SGM
20OCN1
]]>Agencies
[Federal Register Volume 76, Number 203 (Thursday, October 20, 2011)]
[Notices]
[Pages 65196-65197]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27149]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
Privacy Act of 1974; Report of a New Routine Use for Selected CMS
System of Records
AGENCY: Department of Health and Human Services (HHS), Centers for
Medicare & Medicaid Services (CMS).
ACTION: Notice of a new routine use for selected CMS system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of the Privacy Act of
1974, CMS is adding a new routine use to disclose information to
Qualified Entities (QEs) for selected Centers for Medicare & Medicaid
Services (CMS) systems of records. Section 10332 of the Patient
Protection and Affordable Care Act (ACA) adds a new subsection to
Section 1874 of the Social Security Act, requiring that the Secretary
establish a process to allow for the use of standardized extracts of
Medicare Parts A, B, and D claims data by QEs to evaluate and report on
the performance of providers of services and suppliers on measures of
quality, efficiency, effectiveness, and resource use.
New Routine Use for Qualified Entities
1. To assist a public or private entity that is qualified (as
determined by the Secretary of the Department of Health and Human
Services (the Secretary)) to use Medicare claims data to evaluate the
performance of providers of services and suppliers on measures of
quality, efficiency, effectiveness, and resource use; and who agrees to
meet the requirements regarding the transparency of their methods and
their use and protection of Medicare data as the Secretary may specify,
if CMS:
a. Determines that the use or disclosure does not violate legal
limitations under which the record was provided, collected, or
obtained; and
b. Secures a written statement attesting to the information
recipient's understanding of and willingness to abide by these
provisions. Every Qualified Entity receiving data must have an
agreement with CMS in the form of an Information Exchange Agreement or
contract with all security and privacy requirements included. A Data
Use Agreement (DUA) (CMS Form 0235) must be completed by the person
receiving CMS data in accordance with current CMS policies.
This routine use fulfills the requirement in section 1174(e) of the
Social Security Act (42 U.S.C. 1395kk (e)) to make standardized
extracts of claims data under Medicare Parts A, B, and D available to a
Qualified Entity (QE), recognized by the Secretary to make evaluations
of provider/supplier performance in accordance with that section, and
that agrees to meet specific requirements regarding the transparency of
their methods and their use and protection of Medicare data. The IDR,
National Claims History (NCH), CCDR, and Part D data will provide QEs,
a broader, longitudinal, national perspective of the performance of
Medicare providers/suppliers for use in authorized QE projects that
could ultimately improve the care provided to Medicare beneficiaries
and the policy that governs the care.
CMS Systems of Records To Be Modified by This Routine Use
This new routine use, when published, will be added to the
compatible systems of records used to disclose Medicare claims
information and numbered as the next consecutive number in the order of
published routine uses for the following systems of records notices:
1. ``National Claims History (NCH),'' System No. 09-70-0558, last
published at 71 FR 67137 (November 20, 2006). The primary purpose of
this system is to collect and maintain billing and utilization data on
Medicare beneficiaries enrolled in hospital insurance (Part A) or
medical insurance (Part B) of the Medicare program for
[[Page 65197]]
statistical and research purposes related to evaluating and studying
the operation and effectiveness of the Medicare program.
2. ``Medicare Drug Data Processing System (DDPS),'' System No. 09-
70-0553, last published at 73 FR 30943 (May 29, 2008). The primary
purpose of this system is to collect, maintain, and process information
on all Medicare covered, and as many non-covered drug events as
possible, for people with Medicare who have enrolled into a Medicare
Part D plan.
3. ``Medicare Integrated Data Repository (IDR),'' System No. 09-70-
0571, published at 71 FR 74915 (December 13, 2006). The primary purpose
of this system is to establish an enterprise resource that provides one
integrated view of all CMS data to administer the Medicare and Medicaid
programs.
4. ``Chronic Condition Data Repository (CCDR),'' System No. 09-70-
0573, published at 71 FR 54495 (September 15, 2006). 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 utilizes data extraction tools
to support accessing data by chronic conditions and processes complex
customized research data requests related to chronic illnesses.
DATES: The Centers for Medicare & Medicaid Services (CMS) invites
interested parties to submit written comments on the proposed system
until November 16, 2011. As required by the Privacy Act (5 U.S.C.
552a(r)), CMS on October 17, 2011 sent a report of a new system of
records to the Committee on Homeland Security and Governmental Affairs
of the Senate, the Committee on Oversight and Government Reform of the
House of Representatives, and the Office of Information and Regulatory
Affairs of the Office of Management and Budget (OMB). The proposed
action described in this notice is effective on November 26, 2011,
unless CMS receives comments which result in a republication of the
notice.
ADDRESSES: The public should address comments to: CMS Privacy Officer,
Division of Information Security & Privacy Management, Enterprise
Architecture and Strategy Group, Office of Information Services, CMS,
Room 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 Time zone.
FOR FURTHER INFORMATION CONTACT: Chris Haffer, Ph.D., Program Manager,
Data Development and Services Group, Center for Strategic Planning,
Centers for Medicare and Medicaid Services, 7500 Security Boulevard,
Mail-stop: C3-24-07, Baltimore, MD 21244-1850. Office: 410-786-8764,
Facsimile: (410) 786-5515, E-mail address: chris.haffer@cms.hhs.gov.
SUPPLEMENTARY INFORMATION: The statute defines QEs as public or private
entities that are determined by the Secretary to be qualified to use
Medicare claims data to make such evaluations of provider/supplier
performance, and that agree to meet specific requirements regarding the
transparency of their methods and their use and protection of Medicare
data. The statute requires that Medicare claims extracts be combined
with other claims data, although the statute is not specific on what,
or how much, other claims data should be combined with Medicare claims
data. The statute requires that the only use of such data and the
derived performance information about providers and suppliers be in
reports in an aggregate form, released and made available to the
public, after first making such reports available to any identified
provider or supplier and affording an opportunity to appeal and correct
errors. The statute also instructs the Secretary to take such actions
as she deems necessary to protect the identity of individual
beneficiaries, and authorizes her to establish additional requirements
that she may specify for QEs to meet, such as ensuring the security of
data. The Medicare claims extracts are to be made available to QEs at a
fee equal to the cost of making such data available (the fees will be
deposited into the Part B Trust Fund).
Dated: October 12, 2011.
Michelle Snyder,
Deputy Chief Operating Officer, Centers for Medicare & Medicaid
Services.
[FR Doc. 2011-27149 Filed 10-19-11; 8:45 am]
BILLING CODE 4120-03-P
