Privacy Act of 1974; Matching Program, 45130-45131 [2018-19189]

Agencies

• DEPARTMENT OF HEALTH AND HUMAN SERVICES

[Federal Register Volume 83, Number 172 (Wednesday, September 5, 2018)]
[Notices]
[Pages 45130-45131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19189]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES


Privacy Act of 1974; Matching Program

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

ACTION: Notice of a new matching program.

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SUMMARY: In accordance with subsection (e)(12) of the Privacy Act of 
1974, as amended, the Department of Health and Human Services (HHS), 
Centers for Medicare & Medicaid Services (CMS) is providing notice of a 
new computer matching program between CMS and the Department of the 
Treasury (Treasury), Internal Revenue Services (IRS), ``Verification of 
Household Income and Family Size for Insurance Affordability Programs 
and Exemptions.''

DATES: The deadline for comments on this notice is October 5, 2018. The 
re-established matching program will commence not sooner than 30 days 
after publication of this notice, provided no comments are received 
that warrant a

[[Page 45131]]

change to this notice. The matching program will be conducted for an 
initial term of 18 months (from approximately October 2018 to April 
2020) and within 3 months of expiration may be renewed for one 
additional year if the parties make no change to the matching program 
and certify that the program has been conducted in compliance with the 
matching agreement.

ADDRESSES: Interested parties may submit comments on the new matching 
program to the CMS Privacy Officer by mail at: Division of Security, 
Privacy Policy & Governance, Information Security & Privacy Group, 
Office of Information Technology, Centers for Medicare & Medicaid 
Services, Location: N1-14-56, 7500 Security Blvd., Baltimore, MD 21244-
1850, or [email protected]. Comments received will be available 
for review without redaction unless otherwise advised by the commenter 
at this location, by appointment, during regular business hours, Monday 
through Friday from 9:00 a.m. to 3:00 p.m.

FOR FURTHER INFORMATION CONTACT: If you have questions about the 
matching program, you may contact Jack Lavelle, Senior Advisor, 
Marketplace Eligibility and Enrollment Group, Centers for Consumer 
Information and Insurance Oversight, CMS, at (410) 786-0639, by email 
at [email protected], or by mail at 7501 Wisconsin Ave., 
Bethesda, MD 20814.

SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, as amended (5 
U.S.C. 552a) provides certain protections for individuals applying for 
and receiving federal benefits. The law governs the use of computer 
matching by federal agencies when records in a system of records 
(meaning, federal agency records about individuals retrieved by name or 
other personal identifier) are matched with records of other federal or 
non-federal agencies. The Privacy Act requires agencies involved in a 
matching program to:
    1. Enter into a written agreement, which must be prepared in 
accordance with the Privacy Act, approved by the Data Integrity Board 
of each source and recipient federal agency, provided to Congress and 
the Office of Management and Budget (OMB), and made available to the 
public, as required by 5 U.S.C. 552a(o), (u)(3)(A), and (u)(4).
    2. Notify the individuals whose information will be used in the 
matching program that the information they provide is subject to 
verification through matching, as required by 5 U.S.C. 552a(o)(1)(D).
    3. Verify match findings before suspending, terminating, reducing, 
or making a final denial of an individual's benefits or payments or 
taking other adverse action against the individual, as required by 5 
U.S.C. 552a(p).
    4. Report the matching program to Congress and the OMB, in advance 
and annually, as required by 5 U.S.C. 552a(o) (2)(A)(i), (r), and 
(u)(3)(D).
    5. Publish advance notice of the matching program in the Federal 
Register as required by 5 U.S.C. 552a(e)(12).
    This matching program meets these requirements.

Walter Stone,
CMS Privacy Act Officer, Division of Security, Privacy Policy and 
Governance, Information Security and Privacy Group, Office of 
Information Technology, Centers for Medicare & Medicaid Services.

PARTICIPATING AGENCIES:
    The Department of Health and Human Services (HHS), Centers for 
Medicare & Medicaid Services (CMS) is the recipient agency, and the 
Department of the Treasury (Treasury), Internal Revenue Services (IRS) 
is the source agency.

AUTHORITY FOR CONDUCTING THE MATCHING PROGRAM:
    The statutory authority for the matching program is 42 U.S.C. 
18001.

PURPOSE(S):
    The purpose of the matching program is to provide CMS with IRS 
return information which CMS and state-based administering entities 
(AEs) will use to verify household income and family size for 
applicants and enrollees receiving (1) initial determinations of 
eligibility to enroll in a qualified health plan (including the 
Medicaid/Children's Health Insurance Program (CHIP) and a state's basic 
health program) through a federally-facilitated exchange established 
under the Affordable Care Act (ACA) and for insurance affordability 
programs (including advance payments of the premium tax credit and cost 
sharing reductions) and certificates of exemption; and (2) subsequent 
eligibility redetermination and renewal decisions, including appeal 
decisions.

CATEGORIES OF INDIVIDUALS:
    The individuals whose information will be used in the matching 
program are consumers (applicants and enrollees) who receive the 
eligibility determinations described in the preceding Purpose(s) 
section (in particular, taxpayers whose return information is requested 
from IRS to verify an applicant's or enrollee's household income and 
family size).

CATEGORIES OF RECORDS:
    The categories of records used in the matching program are identity 
information and return information (specifically, household income and 
family size information). To request return information from IRS, CMS 
will provide IRS with the relevant taxpayer's name, social security 
number (SSN), and relationship to the applicant(s) or enrollee(s) 
(i.e., primary, spouse, or dependent). When IRS is able to match the 
SSN and name provided by CMS and return information is available, IRS 
will disclose to CMS the following items of return information with 
respect to that taxpayer:
    1. SSN;
    2. family size;
    3. tax filing status;
    4. modified adjusted gross income (MAGI);
    5. taxable year with respect to which the preceding information 
relates or, if applicable, the fact that such information is not 
available; and
    6. any other specified item of return information authorized 
pursuant to 26 U.S.C. 6103(1)(21) and its implementing regulations.

SYSTEM(S) OF RECORDS:
    The records used in this matching program will be disclosed from 
the following systems of records, as authorized by routine uses 
published in the System of Records Notices (SORNs) cited below:
    A. System of Records Maintained by CMS
     CMS Health Insurance Exchanges System (HIX), CMS System 
No. 09-70-0560, last published in full at 78 FR 63211 (Oct. 23, 2013), 
as amended at 83 FR 6591 (Feb. 14, 2018).
    B. System of Records Maintained by IRS
     Customer Account Data Engine (CADE) Individual Master 
File, Privacy Act SOR Treasury/IRS 24.030, published at 80 FR 54082 
(Sept. 8, 2015).

[FR Doc. 2018-19189 Filed 9-4-18; 8:45 am]
BILLING CODE 4120-03-P