Privacy Act of 1974; Matching Program, 21741-21742 [2021-08044]

Agencies

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

[Federal Register Volume 86, Number 77 (Friday, April 23, 2021)]
[Notices]
[Pages 21741-21742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08044]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid 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 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 re-established 
matching program between CMS and each State-Based Administering Entity 
(AE), titled ``Determining Eligibility for Enrollment in Applicable 
State Health Subsidy Programs Under the Patient Protection and 
Affordable Care Act.''

DATES: The deadline for comments on this notice is May 24, 2021. 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 change to this notice. The matching program will be 
conducted for an initial term of 18 months (from approximately May 2021 
to November 2022) and within three months of expiration may be renewed 
for one additional year if the parties make no changes to the matching 
program and certify that the program has been conducted in compliance 
with the matching agreement.

ADDRESSES: Interested parties may submit written comments as follows:
    1. Electronically. You may send your comments electronically to 
https://www.regulations.gov. Follow the instructions for ``Comment or 
Submission'' or ``More Search Options'' to find the information 
collection document(s) that are accepting comments.
    2. By Regular Mail. You may mail written comments to the following 
address: Centers for Medicare & Medicaid Services, Division of 
Security, Privacy Policy & Governance, Information Security & Privacy 
Group, Office of Information Technology, Location: N1-14-56, 7500 
Security Blvd., Baltimore, MD 21244-1850.

FOR FURTHER INFORMATION CONTACT: If you have questions about the 
matching program, you may contact: Robert Yates, State Operations 
Division, State Marketplace and Insurance Programs Group, Center for 
Consumer Information and Insurance Oversight, Centers for Medicare & 
Medicaid Services, 7501 Wisconsin Avenue, Bethesda, MD 20814, by phone 
at 301-492-5151 or email to [email protected], or Jenny Chen, 
Director, Division of State Technical Assistance, State Marketplace and 
Insurance Programs Group, Center for Consumer Information and Insurance 
Oversight, Centers for Medicare & Medicaid Services, 7501 Wisconsin 
Avenue, Bethesda, MD 20814, by phone at 301-492-5156 or email to 
[email protected].

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 payments under federal benefit programs. 
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).

[[Page 21742]]

    This matching program meets these requirements.

Barbara Demopulos,
Privacy Advisor, Division of Security, Privacy Policy and Governance, 
Office of Information Technology, Centers for Medicare & Medicaid 
Services.

Participating Agencies

    Department of Health and Human Services (HHS), Centers for Medicare 
& Medicaid Services (CMS), and the AE in each state. Each party (CMS 
and each AE) is both a source agency, and each AE is a recipient 
agency, in this matching program, as explained in the Purpose(s) 
section below.
    AEs administer insurance affordability programs, and include 
Medicaid/Children's Health Insurance Program (CHIP) agencies, state-
based exchanges (SBEs), and basic health programs (BHPs). In states 
that operate a SBE, the AE would include the Medicaid/CHIP agency. 
Additionally, there are two states--Minnesota and New York--where the 
AE operates as both a SBE and BHP. In states that have elected to 
utilize the federally-facilitated exchange (FFE), the AE would include 
only the Medicaid/CHIP agency.

Authority for Conducting the Matching Program

    The principal authority for conducting the matching program is 42 
U.S.C. 18001, et seq.

Purpose(s)

    The matching program will enable CMS to provide information 
(including information CMS receives from other federal agencies under 
related matching agreements) to AEs, to assist AEs in verifying 
applicant information as required by the Patient Protection and 
Affordable Care Act of 2010 (PPACA) to determine applicants' 
eligibility for enrollment in applicable state health subsidy programs, 
including exemption from the requirement to maintain minimum essential 
coverage (MEC) or from the individual responsibility payment. In 
addition, to avoid dual enrollment, information will be shared between 
CMS and AEs, and among AEs, for the purpose of verifying whether 
applicants and enrollees are currently eligible for or enrolled in a 
Medicaid/CHIP program. All information will be shared through a data 
services hub (Hub) established by CMS to support the federally-
facilitated health insurance exchange (which CMS operates) and state-
based exchanges.

Categories of Individuals

    The individuals whose information will be used in the matching 
program are consumers who apply for eligibility to enroll in applicable 
state health subsidy programs through an exchange established under ACA 
and other relevant individuals (such as, applicants' household 
members).

Categories of Records

    The categories of records that will be used in the matching program 
are identifying records; minimum essential coverage period records; 
return information (household income and family size information); 
citizenship status records; birth and death information; disability 
coverage and income information; and imprisonment status records.
    The data elements CMS will receive from AEs may include:
    1. Social security number (if applicable).
    2. Last name.
    3. First name.
    4. Date of birth.
    The data elements the AEs will receive from CMS may include:
    1. Validation of SSN.
    2. Verification of citizenship or immigration status.
    3. Incarceration Status.
    4. Eligibility and/or enrollment in certain types of MEC.
    5. Income, based on Federal Tax Information (FTI), Title II 
benefits, and current income sources.
    6. Quarters of Coverage.
    7. Death Indicator.

System of Records

    The records that CMS will disclose to AEs will be disclosed from 
the following system of records, as authorized by routine use 3 
published in the System of Records Notices (SORN) cited below:
    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).

[FR Doc. 2021-08044 Filed 4-22-21; 8:45 am]
BILLING CODE 4120-03-P