Privacy Act of 1974; CMS Computer Match No. 2013-02; HHS Computer Match No. 1306; DoD-DMDC Match No. 12, 48169-48170 [2013-19013]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Notices with respect to certain key steps in the process which is also posted on our Web site. The following steps and time frames are used for new NCDs and for reconsiderations of existing NCDs: • Upon acceptance of a complete formal request or upon the opening of a CMS initiated review, we publish on our Web site a tracking sheet that provides public notice of the opening of the NCD process. We generally allow a 30-day public comment period on the NCD review topic announced via the tracking sheet. We use the initial public comments to inform a proposed decision. As stated above, at our discretion, we may announce a proposed decision concurrent with the notice of opening. • A proposed decision is posted no later than 6 months after the posting of the tracking sheet, unless a technology assessment (TA) from an outside entity is commissioned, a clinical trial is requested, or a meeting of the MEDCAC is convened. • In the event that a TA is commissioned from an outside entity or a MEDCAC meeting is held and a clinical trial is not requested, the proposed decision is posted no later than 9 months following the posting of the tracking sheet. • Upon the posting of the proposed decision, there is a 30-day public comment period during which time the public is invited to comment on the substance of the proposed decision. • A final NCD is posted on our Web site no later than 60 days following the close of the public comment period on the proposed decision. • With publication of the final decision memorandum, the NCD is effective for claims with dates of service beginning with the effective date of the NCD. The memorandum contains, among other materials, the analysis and conclusions and also the NCD that becomes a part of the Medicare National Coverage Determination Manual (Pub. 100–3) of the CMS Internet Only Manual. After enactment of section 1862(l) of the Act, the effective date for the NCD is the same date as the publication date of the final decision memorandum. Therefore, we have found it expedient and practical to include the NCD that is included in the Medicare National Coverage Determination manual in the final decision memoranda and to use that date as the effective date for Medicare coverage and payment purposes. IX. Collection of Information Requirements This document does not impose any new reporting, recordkeeping or third- VerDate Mar<15>2010 17:03 Aug 06, 2013 Jkt 229001 party disclosure requirements. This document, however, does make reference to information associated with an existing information collection request. The information listed in section IV.B ‘‘What Constitutes a Complete, Formal Request for a National Coverage Determination or a Complete, Formal Request for Reconsideration’’ of this notice, was previously approved under OMB control number 0938–0776. We are currently seeking reinstatement of the OMB control number and the information collection requirements. We published the required 60-day notice on February 12, 2013 (78 FR 9927). The 60day comment period ended April 15, 2013. We will announce the submission of the information collection request to OMB via the required 30-day notice. Authority: (Catalog of Federal Domestic Assistance Program No. 93.778, Medical Assistance Program; No. 93.773 Medicare— Hospital Insurance Program; and No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: May 17, 2013. Marilyn Tavenner, Administrator, Centers for Medicare & Medicaid Services. Approved: May 17, 2013. Kathleen Sebelius, Secretary, Department of Health and Human Services. [FR Doc. 2013–19060 Filed 8–2–13; 4:15 pm] BILLING CODE 4120–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services Privacy Act of 1974; CMS Computer Match No. 2013–02; HHS Computer Match No. 1306; DoD–DMDC Match No. 12 Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS). ACTION: Notice of Computer Matching Program (CMP). AGENCY: In accordance with the requirements of the Privacy Act of 1974, as amended, this notice establishes a CMP that CMS plans to conduct with the Department of Defense (DoD). DATES: Effective Dates: Comments are invited on all portions of this notice. Public comments are due 30 days after publication. The matching program will 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. SUMMARY: PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 48169 The public should send comments to: CMS Privacy Officer, Division of Privacy Policy, Privacy Policy and Compliance Group, Office of E-Health Standards & Services, Offices of Enterprise Management, CMS, Room S2–24–25, 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 9:00 a.m.–3:00 p.m., Eastern Time zone. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Celeste Dade-Vinson, Division of Privacy Policy, Privacy Policy and Compliance Group, Office of E-Health Standards & Services, Offices of Enterprise Management, CMS, Mail stop S2–26–17, 7500 Security Boulevard, Baltimore, Maryland 21244–1850, Office Phone: 410–786–0854, Facsimile: 410– 786–1347, Email: Celeste.DadeVinson@cms.hhs.gov. 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 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 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. This matching program meets the requirements of the Privacy Act of 1974, as amended. SUPPLEMENTARY INFORMATION: E:\FR\FM\07AUN1.SGM 07AUN1 48170 Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Notices Dated: July 31, 2013. Michelle Snyder, Chief Operating Officer, Centers for Medicare & Medicaid Services. CMS Computer Match No. 2013–02 HHS Computer Match No. 1306 DoD–DMDC Match No. 12 NAME: ‘‘Disclosure of Enrollment and Eligibility Information for Military Health System Beneficiaries Who are Medicare Eligible’’ SECURITY CLASSIFICATION: Level Three Privacy Act Sensitive PARTICIPATING AGENCIES: The Centers for Medicare & Medicaid Services (CMS); and Department of Defense (DoD), Defense Manpower Data Center (DMDC) and the Office of the Assistant Secretary of Defense (Health Affairs)/TRICARE Management Activity (TMA) Prior to 1991, Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) entitlement terminated when any individual became eligible for Medicare Part A on a nonpremium basis. The National Defense Authorization Act(s) (NDAA) for Fiscal Years (FYs) 1992 and 1993 (Pub. L. 102– 190) Section 704, provide for reinstatement of CHAMPUS as second payer for beneficiaries entitled to Medicare on the basis of disability/End Stage Renal Disease (ESRD) only if they also enroll in Part B. This CMP implements the information matching provisions of the NDAA, FY 2001 (Pub. L. 106–398) Sections 711 and 712; the NDAA, FY 1993 (Pub. L. 102–484) Section 705; and the NDAA, FYs 1992 and 1993 (Pub. L. 102–190) Sections 704 and 713. Section 732 of the FY 1996 NDAA (Pub. L. 104–106), directed the administering Secretaries to develop a mechanism for notifying beneficiaries of their ineligibility for CHAMPUS when loss of eligibility is due to Medicare status (Part A only). mstockstill on DSK4VPTVN1PROD with NOTICES PURPOSE(S) OF THE MATCHING PROGRAM: The purpose of the Computer Matching Agreement is to establish the conditions, safeguards and procedures under which CMS will disclose Medicare enrollment information to the DoD, DMDC, and Health Affairs/TMA. The disclosure by CMS will provide TMA with the information necessary to determine if Military Health System (MHS) beneficiaries (other than dependents of active duty personnel), who are Medicare eligible, are eligible to 17:03 Aug 06, 2013 Jkt 229001 DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services Privacy Act of 1974; CMS Computer Match No. 2013–12; HHS Computer Match No. 1307; SSA Computer Match No. 1097–1899 Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS). ACTION: Notice of Computer Matching Program (CMP). AGENCY: [FR Doc. 2013–19013 Filed 8–6–13; 8:45 am] 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 Social Security Administration (SSA). DATES: Effective Dates: Comments are invited on all portions of this notice. Public comments are due 30 days after publication. The matching program will become effective no sooner than 40 days after the report of the matching program is sent to the Office of Management and Budget (OMB) and Congress, or 30 days after publication in the Federal Register, whichever is later. ADDRESSES: The public should send comments to: CMS Privacy Officer, Division of Privacy Policy, Privacy Policy and Compliance Group, Office of E-Health Standards & Services, Offices of Enterprise Management, CMS, Room S2–24–25, 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 9:00 a.m.–3:00 p.m., Eastern Time zone. FOR FURTHER INFORMATION CONTACT: Aaron Wesolowski, Director, Verifications Policy & Operations Branch, Division of Eligibility and Enrollment Policy and Operations, Center for Consumer Information and Insurance Oversight, CMS, 7501 Wisconsin Avenue, Bethesda, MD 20814, Office Phone: (301) 492–4416, Facsimile: (443) 380–5531, email: Aaron.Wesolowski@cms.hhs.gov. BILLING CODE 4120–03–P SUPPLEMENTARY INFORMATION: DESCRIPTION OF RECORDS TO BE USED IN THE MATCHING PROGRAM: AUTHORITY FOR CONDUCTING MATCHING PROGRAM: VerDate Mar<15>2010 receive continued military health care benefits. This disclosure will provide TMA with the information necessary to meet the Congressional mandate outlined in legislative provisions in the NDAA listed above. Current law requires TMA to discontinue military health care benefits to MHS beneficiaries who are Medicare eligible when they become eligible for Medicare Part A unless they are enrolled in Medicare Part B. In order for TMA to meet the requirements of current law, CMS agrees to disclose certain Part A and Part B enrollment data on this dual eligible population, which will be used to determine a beneficiary’s eligibility for care under CHAMPUS/TRICARE. DMDC will receive the results of the computer match and provide the information to TMA for use in its matching program. The matching program will be conducted with data maintained in the DoD System of Records (SOR) identified as DMDC 02 DoD, entitled ‘‘Defense Enrollment Eligibility Reporting System,’’ at 77 FR 69807 (November 21, 2012) and the SOR identified as DHA 07, entitled ‘‘Military Health Information System (MHIS),’’ at 71 FR 16127 (March 30, 2006). The release of the data for CMS is covered under the ‘‘Enrollment Database,’’ System No. 09– 70–0502 published at 73 FR 10249 (February 26, 2008). INCLUSIVE DATES OF THE MATCH: The matching program will 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 renewed for an additional 12 month period as long as the statutory language for the match exists and other conditions are met. PO 00000 Frm 00036 Fmt 4703 SUMMARY: 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 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 Sfmt 4703 E:\FR\FM\07AUN1.SGM 07AUN1

Agencies

[Federal Register Volume 78, Number 152 (Wednesday, August 7, 2013)]
[Notices]
[Pages 48169-48170]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19013]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services


Privacy Act of 1974; CMS Computer Match No. 2013-02; HHS Computer 
Match No. 1306; DoD-DMDC Match No. 12

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

ACTION: Notice of Computer Matching Program (CMP).

-----------------------------------------------------------------------

SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, this notice establishes a CMP that CMS plans to 
conduct with the Department of Defense (DoD).

DATES: Effective Dates: Comments are invited on all portions of this 
notice. Public comments are due 30 days after publication. The matching 
program will 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.

ADDRESSES: The public should send comments to: CMS Privacy Officer, 
Division of Privacy Policy, Privacy Policy and Compliance Group, Office 
of E-Health Standards & Services, Offices of Enterprise Management, 
CMS, Room S2-24-25, 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 9:00 a.m.-3:00 p.m., Eastern Time zone.

FOR FURTHER INFORMATION CONTACT: Celeste Dade-Vinson, Division of 
Privacy Policy, Privacy Policy and Compliance Group, Office of E-Health 
Standards & Services, Offices of Enterprise Management, CMS, Mail stop 
S2-26-17, 7500 Security Boulevard, Baltimore, Maryland 21244-1850, 
Office Phone: 410-786-0854, Facsimile: 410-786-1347, Email: 
Celeste.Dade-Vinson@cms.hhs.gov.

SUPPLEMENTARY INFORMATION: 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 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 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.
    This matching program meets the requirements of the Privacy Act of 
1974, as amended.


[[Page 48170]]


    Dated: July 31, 2013.
Michelle Snyder,
Chief Operating Officer, Centers for Medicare & Medicaid Services.
CMS Computer Match No. 2013-02
HHS Computer Match No. 1306
DoD-DMDC Match No. 12

NAME:
    ``Disclosure of Enrollment and Eligibility Information for Military 
Health System Beneficiaries Who are Medicare Eligible''

SECURITY CLASSIFICATION:
    Level Three Privacy Act Sensitive

PARTICIPATING AGENCIES:
    The Centers for Medicare & Medicaid Services (CMS); and Department 
of Defense (DoD), Defense Manpower Data Center (DMDC) and the Office of 
the Assistant Secretary of Defense (Health Affairs)/TRICARE Management 
Activity (TMA)

AUTHORITY FOR CONDUCTING MATCHING PROGRAM:
    Prior to 1991, Civilian Health and Medical Program of the Uniformed 
Services (CHAMPUS) entitlement terminated when any individual became 
eligible for Medicare Part A on a non-premium basis. The National 
Defense Authorization Act(s) (NDAA) for Fiscal Years (FYs) 1992 and 
1993 (Pub. L. 102-190) Section 704, provide for reinstatement of 
CHAMPUS as second payer for beneficiaries entitled to Medicare on the 
basis of disability/End Stage Renal Disease (ESRD) only if they also 
enroll in Part B.
    This CMP implements the information matching provisions of the 
NDAA, FY 2001 (Pub. L. 106-398) Sections 711 and 712; the NDAA, FY 1993 
(Pub. L. 102-484) Section 705; and the NDAA, FYs 1992 and 1993 (Pub. L. 
102-190) Sections 704 and 713.
    Section 732 of the FY 1996 NDAA (Pub. L. 104-106), directed the 
administering Secretaries to develop a mechanism for notifying 
beneficiaries of their ineligibility for CHAMPUS when loss of 
eligibility is due to Medicare status (Part A only).

PURPOSE(S) OF THE MATCHING PROGRAM:
    The purpose of the Computer Matching Agreement is to establish the 
conditions, safeguards and procedures under which CMS will disclose 
Medicare enrollment information to the DoD, DMDC, and Health Affairs/
TMA. The disclosure by CMS will provide TMA with the information 
necessary to determine if Military Health System (MHS) beneficiaries 
(other than dependents of active duty personnel), who are Medicare 
eligible, are eligible to receive continued military health care 
benefits. This disclosure will provide TMA with the information 
necessary to meet the Congressional mandate outlined in legislative 
provisions in the NDAA listed above.
    Current law requires TMA to discontinue military health care 
benefits to MHS beneficiaries who are Medicare eligible when they 
become eligible for Medicare Part A unless they are enrolled in 
Medicare Part B. In order for TMA to meet the requirements of current 
law, CMS agrees to disclose certain Part A and Part B enrollment data 
on this dual eligible population, which will be used to determine a 
beneficiary's eligibility for care under CHAMPUS/TRICARE. DMDC will 
receive the results of the computer match and provide the information 
to TMA for use in its matching program.

DESCRIPTION OF RECORDS TO BE USED IN THE MATCHING PROGRAM:
    The matching program will be conducted with data maintained in the 
DoD System of Records (SOR) identified as DMDC 02 DoD, entitled 
``Defense Enrollment Eligibility Reporting System,'' at 77 FR 69807 
(November 21, 2012) and the SOR identified as DHA 07, entitled 
``Military Health Information System (MHIS),'' at 71 FR 16127 (March 
30, 2006). The release of the data for CMS is covered under the 
``Enrollment Database,'' System No. 09-70-0502 published at 73 FR 10249 
(February 26, 2008).

INCLUSIVE DATES OF THE MATCH:
    The matching program will 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 renewed for an additional 12 month period as 
long as the statutory language for the match exists and other 
conditions are met.

[FR Doc. 2013-19013 Filed 8-6-13; 8:45 am]
BILLING CODE 4120-03-P