Privacy Act of 1974; Matching Program, 62376-62377 [2023-19481]

Download as PDF 62376 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices HISTORY: program, you may contact Anne Pesto, Senior Advisor, Marketplace Eligibility and Enrollment Group, Center for Consumer Information and Insurance Oversight, Centers for Medicare & Medicaid Services, at 443–844–9966, by email at anne.pesto@cms.hhs.gov, or by mail at 7500 Security Blvd., Baltimore, MD 21244. 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. N/A. Richard Speidel, Chief Privacy Officer, Office of the Deputy Chief Information Officer, General Services Administration. [FR Doc. 2023–19454 Filed 9–8–23; 8:45 am] BILLING CODE P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare and Medicaid Services Privacy Act of 1974; Matching Program Centers for Medicare & Medicaid Services, Department of Health and Human Services. ACTION: Notice of a new matching program. AGENCY: 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 the re-establishment of a matching program between CMS and the Department of Veterans Affairs (VA), Veterans Health Administration (VHA), ‘‘Verification of Eligibility for Minimum Essential Coverage Under the Patient Protection and Affordable Care Act Through a Veterans Health Administration Plan.’’ DATES: The deadline for comments on this notice is October 11, 2023. The reestablished 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 November 2, 2023 to May 1, 2025) 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 written comments on the new matching program to the CMS Privacy Act 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 by email at Barbara.Demopulos@cms.hhs.gov. FOR FURTHER INFORMATION CONTACT: If you have questions about the matching ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:10 Sep 08, 2023 Jkt 259001 Barbara Demopulos, Privacy Act Officer, Division of Security, Privacy Policy and Governance, 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 Veterans Affairs (VA), Veterans Health Administration (VHA) is the source agency. PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 Authority for Conducting the Matching Program The statutory authority for the matching program is 42 U.S.C. 18001 et seq. Purpose(s) The purpose of the matching program is to assist CMS in determining individuals’ eligibility for financial assistance in paying for private health insurance coverage. In this matching program, VHA provides CMS with data when a state administering entity (AE) requests it and VHA is authorized to release it, verifying whether an individual who is applying for or is enrolled in private health insurance coverage under a qualified health plan through a federally-facilitated health insurance exchange or state-based exchange is eligible for coverage under a VHA health plan. CMS makes the data provided by VHA available to the requesting AE through a data services hub to use in determining the applicant’s or enrollee’s eligibility for financial assistance (including an advance tax credit and cost-sharing reduction, which are types of insurance affordability programs) in paying for private health insurance coverage. VHA health plans provide minimum essential coverage, and eligibility for such plans precludes eligibility for financial assistance in paying for private coverage. The data provided by VHA under this matching program will be used by CMS and AEs to authenticate each enrollee’s identity, determine the enrollee’s eligibility for financial assistance, and determine the amount of the financial assistance. Categories of Individuals The categories of individuals whose information will be used in the matching program are Veterans whose records at VHA match identifying data provided to VHA by CMS (submitted by AEs) about individuals who are applying for or are enrolled in private insurance coverage under a qualified health plan through a federallyfacilitated health insurance exchange or state-based exchange. Categories of Records The categories of records used in the matching program are identity records and minimum essential coverage period records, consisting of the following data elements: Data provided by CMS to VHA: a. first name (required) b. middle name/initial (if provided by applicant) c. surname (applicant’s last name) (required) E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices d. date of birth (required) e. gender (required) f. social security number (SSN) (required) g. requested qualified health plan (QHP) coverage effective date (required) h. requested QHP coverage end date (required) i. State identification (required) j. transaction ID (required) Data provided by VHA to CMS: a. SSN (required) b. start/end date(s) of enrollment period(s) (when match occurs) c. a blank date response when a nonmatch occurs d. a blank date when a match is made but VHA’s record contains a date of death e. enrollment period(s) is/are defined as the timeframe during which the individual was enrolled in a VHA Health Care Program. System(s) of Records The records used in the 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). Routine use 3 authorizes CMS’ disclosures to VHA. B. Systems of Records Maintained by VHA 54VA10NB3 Veterans and Beneficiaries Purchased Care Community Health Care Claims, Correspondence, Eligibility, Inquiry and Payment Files—VA, published at 80 FR 11527 (March 3, 2015). Routine use 25 authorizes VHA’s disclosures to CMS. [FR Doc. 2023–19481 Filed 9–8–23; 8:45 am] BILLING CODE 4120–03–P DEPARTMENT OF HEALTH AND HUMAN SERVICES ddrumheller on DSK120RN23PROD with NOTICES1 Centers for Medicare & Medicaid Services [Document Identifiers: CMS–R–21 and CMS–8003] Agency Information Collection Activities: Proposed Collection; Comment Request Centers for Medicare & Medicaid Services, Health and Human Services (HHS). AGENCY: VerDate Sep<11>2014 17:10 Sep 08, 2023 Jkt 259001 ACTION: Notice. The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS’ intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information (including each proposed extension or reinstatement of an existing collection of information) and to allow 60 days for public comment on the proposed action. Interested persons are invited to send comments regarding our burden estimates or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency’s functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected, and the use of automated collection techniques or other forms of information technology to minimize the information collection burden. DATES: Comments must be received by November 13, 2023. ADDRESSES: When commenting, please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be submitted in any one of the following ways: 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: CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development, Attention: Document Identifier/OMB Control Number: ll, Room C4–26–05, 7500 Security Boulevard, Baltimore, Maryland 21244–1850. To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, please access the CMS PRA website by copying and pasting the following web address into your web browser: https://www.cms.gov/ Regulations-and-Guidance/Legislation/ PaperworkReductionActof1995/PRAListing. SUMMARY: FOR FURTHER INFORMATION CONTACT: William N. Parham at (410) 786–4669. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 62377 Contents This notice sets out a summary of the use and burden associated with the following information collections. More detailed information can be found in each collection’s supporting statement and associated materials (see ADDRESSES). CMS–R–21 Withholding Medicare Payments to Recover Medicaid Overpayments and Supporting Regulations in 42 CFR 447.31 CMS–8003 1915(c) Home and Community Based Services (HCBS) Waiver Application Under the PRA (44 U.S.C. 3501– 3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term ‘‘collection of information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA requires Federal agencies to publish a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, CMS is publishing this notice. Information Collection 1. Type of Information Collection Request: Extension of a currently approved collection; Title of Information Collection: Withholding Medicare Payments to Recover Medicaid Overpayments and Supporting Regulations in 42 CFR 447.31; Use: Certain Medicaid providers that are subject to offsets for the collection of Medicaid overpayments may terminate or substantially reduce their participation in Medicaid, leaving the State Medicaid agency unable to recover the amounts due. Recovery procedures allow for determining the amount of overpayments and offsetting the overpayments by withholding the provider’s Medicare payments. To effectuate the withholding, the State agency must provide their respective CMS regional office with certain documentation that identifies the provider and the Medicaid overpayment amount. The agency must also demonstrate that the provider was notified of the overpayment and that demand for the overpayment was made. An opportunity to appeal the overpayment determination must be E:\FR\FM\11SEN1.SGM 11SEN1

Agencies

[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Notices]
[Pages 62376-62377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19481]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare and Medicaid Services


Privacy Act of 1974; Matching Program

AGENCY: Centers for Medicare & Medicaid Services, Department of Health 
and Human Services.

ACTION: Notice of a new matching program.

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

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 the re-establishment of 
a matching program between CMS and the Department of Veterans Affairs 
(VA), Veterans Health Administration (VHA), ``Verification of 
Eligibility for Minimum Essential Coverage Under the Patient Protection 
and Affordable Care Act Through a Veterans Health Administration 
Plan.''

DATES: The deadline for comments on this notice is October 11, 2023. 
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 
November 2, 2023 to May 1, 2025) 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 written comments on the new 
matching program to the CMS Privacy Act 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 by email at [email protected].

FOR FURTHER INFORMATION CONTACT: If you have questions about the 
matching program, you may contact Anne Pesto, Senior Advisor, 
Marketplace Eligibility and Enrollment Group, Center for Consumer 
Information and Insurance Oversight, Centers for Medicare & Medicaid 
Services, at 443-844-9966, by email at [email protected], or by 
mail at 7500 Security Blvd., Baltimore, MD 21244.

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.

Barbara Demopulos,
Privacy Act Officer, Division of Security, Privacy Policy and 
Governance, 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 Veterans Affairs (VA), Veterans Health Administration 
(VHA) is the source agency.

Authority for Conducting the Matching Program

    The statutory authority for the matching program is 42 U.S.C. 18001 
et seq.

Purpose(s)

    The purpose of the matching program is to assist CMS in determining 
individuals' eligibility for financial assistance in paying for private 
health insurance coverage. In this matching program, VHA provides CMS 
with data when a state administering entity (AE) requests it and VHA is 
authorized to release it, verifying whether an individual who is 
applying for or is enrolled in private health insurance coverage under 
a qualified health plan through a federally-facilitated health 
insurance exchange or state-based exchange is eligible for coverage 
under a VHA health plan. CMS makes the data provided by VHA available 
to the requesting AE through a data services hub to use in determining 
the applicant's or enrollee's eligibility for financial assistance 
(including an advance tax credit and cost-sharing reduction, which are 
types of insurance affordability programs) in paying for private health 
insurance coverage. VHA health plans provide minimum essential 
coverage, and eligibility for such plans precludes eligibility for 
financial assistance in paying for private coverage. The data provided 
by VHA under this matching program will be used by CMS and AEs to 
authenticate each enrollee's identity, determine the enrollee's 
eligibility for financial assistance, and determine the amount of the 
financial assistance.

Categories of Individuals

    The categories of individuals whose information will be used in the 
matching program are Veterans whose records at VHA match identifying 
data provided to VHA by CMS (submitted by AEs) about individuals who 
are applying for or are enrolled in private insurance coverage under a 
qualified health plan through a federally-facilitated health insurance 
exchange or state-based exchange.

Categories of Records

    The categories of records used in the matching program are identity 
records and minimum essential coverage period records, consisting of 
the following data elements:
    Data provided by CMS to VHA:

a. first name (required)
b. middle name/initial (if provided by applicant)
c. surname (applicant's last name) (required)

[[Page 62377]]

d. date of birth (required)
e. gender (required)
f. social security number (SSN) (required)
g. requested qualified health plan (QHP) coverage effective date 
(required)
h. requested QHP coverage end date (required)
i. State identification (required)
j. transaction ID (required)

    Data provided by VHA to CMS:

a. SSN (required)
b. start/end date(s) of enrollment period(s) (when match occurs)
c. a blank date response when a non-match occurs
d. a blank date when a match is made but VHA's record contains a date 
of death
e. enrollment period(s) is/are defined as the timeframe during which 
the individual was enrolled in a VHA Health Care Program.

System(s) of Records

    The records used in the 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). Routine use 3 authorizes CMS' 
disclosures to VHA.

B. Systems of Records Maintained by VHA

    54VA10NB3 Veterans and Beneficiaries Purchased Care Community 
Health Care Claims, Correspondence, Eligibility, Inquiry and Payment 
Files--VA, published at 80 FR 11527 (March 3, 2015). Routine use 25 
authorizes VHA's disclosures to CMS.

[FR Doc. 2023-19481 Filed 9-8-23; 8:45 am]
BILLING CODE 4120-03-P


This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.