Privacy Act of 1974, as Amended; Computer Matching Program (SSA/Centers for Medicare and Medicaid Services (CMS))-Match Number 1094, 33547-33548 [2012-13701]

Agencies

• Social Security Administration

[Federal Register Volume 77, Number 109 (Wednesday, June 6, 2012)]
[Notices]
[Pages 33547-33548]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13701]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA 2012-0015]


Privacy Act of 1974, as Amended; Computer Matching Program (SSA/
Centers for Medicare and Medicaid Services (CMS))--Match Number 1094

AGENCY: Social Security Administration (SSA).

ACTION: Notice of a new computer matching program that will expire on 
January 31, 2014.

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SUMMARY: In accordance with the provisions of the Privacy Act, as 
amended, this notice announces a new computer matching program that we 
will conduct with CMS.

DATES: We will file a report of the subject matching program with 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, 
Office of Management and Budget

[[Page 33548]]

(OMB). The matching program will be effective as indicated below.

ADDRESSES: Interested parties may comment on this notice by either 
telefaxing to (410) 966-0869 or writing to the Executive Director, 
Office of Privacy and Disclosure, Office of the General Counsel, 617 
Altmeyer Building, 6401 Security Boulevard, Baltimore, MD 21235-6401. 
All comments received will be available for public inspection at this 
address.

FOR FURTHER INFORMATION CONTACT: The Executive Director, Office of 
Privacy and Disclosure, Office of the General Counsel, as shown above.

SUPPLEMENTARY INFORMATION:

A. General

    The Computer Matching and Privacy Protection Act of 1988 Public Law 
(Pub. L.) 100-503, amended the Privacy Act (5 U.S.C. 552a) by 
describing the conditions under which computer matching involving the 
Federal government could be performed and adding certain protections 
for persons 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 persons.
    The Privacy Act, as amended, regulates the use of computer matching 
by Federal agencies when records in a system of records 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 agency or agencies 
participating in the matching programs;
    (2) Obtain the approval of the matching agreement by the Data 
Integrity Boards of the participating Federal agencies;
    (3) Publish notice of the computer matching program in the Federal 
Register;
    (4) Furnish detailed reports about matching programs to Congress 
and OMB;
    (5) Notify applicants and beneficiaries that their records are 
subject to matching; and
    (6) Verify match findings before reducing, suspending, terminating, 
or denying a person's benefits or payments.

B. SSA Computer Matches Subject to the Privacy Act

    We have taken action to ensure that all of our computer matching 
programs comply with the requirements of the Privacy Act, as amended.

Daniel F. Callahan,
Acting Executive Director, Office of Privacy and Disclosure, Office of 
the General Counsel.

Notice of Computer Matching Program, SSA with the Centers for Medicare 
and Medicaid Services (CMS)

A. Participating Agencies

    SSA and CMS.

B. Purpose of the Matching Program

    The purpose of this matching program is to establish the terms, 
conditions, and safeguards under which CMS will disclose to us Medicare 
identifying and non-utilization information for our title II 
beneficiaries aged 90 and above.
    CMS identifies Medicare enrollees whose records have been inactive 
for three or more years. We will use this data as an indicator to 
select and prioritize cases for review to determine continued 
eligibility to title II benefits. We will contact these individuals to 
verify ongoing eligibility. We refer individual cases of suspected 
fraud, waste, or abuse to the Office of the Inspector General for 
investigation.

C. Authority for Conducting the Matching Program

    Legal authority for the disclosures under this agreement is:
    1. Section 202 of the Social Security Act (Act) (42 U.S.C. 402), 
which outlines the requirements for eligibility to receive Old-Age 
Survivors and Disability Insurance Benefits under title II. Section 
205(c) of the Act (42 U.S.C. 405) directs our Commissioner to verify 
the eligibility of a beneficiary.
    2. Section 1631(f) of the Act (42 U.S.C. 1383(f)) provides that 
``[t]he head of any Federal agency shall provide such information as 
the Commissioner of Social Security needs for purposes of determining 
eligibility for or amount of benefits or verifying other information 
with respect thereto.''
    3. This matching program employs systems containing Protected 
Health Information (PHI) as defined by Health and Human Services 
regulation ``Standards for Privacy of Individually Identifiable Health 
Information'' (45 CFR 160 and 164 (65 FR 82462, Parts A and E (Dec. 28, 
2000)). PHI authorized by the routine uses may only be disclosed if, 
and as permitted or required by the ``Standard for Privacy of 
Individually Identifiable Health Information'' (45 CFR 164.512(d)).

D. Categories of Records and Persons Covered by the Matching Program

    We will disclose to CMS information from Master Beneficiary Record 
(MBR) (60-0090) published on January 11, 2006 at 71 FR 1826. Routine 
use 23 permits disclosure of this information to Federal, State, or 
local agencies for administering income maintenance or health 
maintenance programs, including programs under the Act.
    CMS will disclose to us information from National Claims History 
(NCH) (09-70-0558) published on November 20, 2006 at 71 FR 67137. 
Routine use 2 permits disclosure of this information to other Federal, 
State, or local agencies for administering income maintenance or health 
maintenance programs.
    CMS will disclose to us information from Enrollment Data Base (EDB) 
(09-70-0502) published on February 26, 2008 at 73 FR 10249. Routine use 
2 permits disclosure of this information to other Federal, State, or 
local agencies for administering income maintenance or health 
maintenance programs.

Specified Data Elements

    We provide CMS with the following information for each individual 
in the finder file:
     Title II Claim Account Number (CAN),
     Title II Beneficiary Identification Code (BIC),
     Name, and
     Date of birth.
    CMS provides us with the following information for each individual 
in the response file:
     Name,
     Date of birth,
     Social Security number,
     Date of death,
     CMS file number (equivalent to SSA's title II CAN & BIC),
     Beneficiary Group Health Organization start date,
     Beneficiary Group Health Organization disenrollment date, 
and
     HMO provider name and code.

E. Inclusive Dates of the Matching Program

    The effective date of this matching program is August 1, 2012; if 
the following notice periods have lapsed: 30 days after publication of 
this notice in the Federal Register and 40 days after notice of the 
matching program is sent to Congress and OMB. 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. 2012-13701 Filed 6-5-12; 8:45 am]
BILLING CODE 4191-02-P