[Federal Register: August 18, 2003 (Volume 68, Number 159)]
[Notices]
[Page 49480-49481]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au03-114]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
Privacy Act of 1974; Computer Matching Program (Match No. 2002-
02)
AGENCY: Department of Health and Human Services (HHS), Center for
Medicare & Medicaid Services (CMS) (formerly the Health Care Financing
Administration).
ACTION: Notice of Computer Matching Program.
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SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended, this notice establishes a computer matching agreement
between CMS and the Department of Defense (DoD). We have provided
background information about the proposed matching program in the
``Supplementary Information'' section below. Although the Privacy Act
requires only that CMS provide an opportunity for interested persons to
comment on the proposed matching program, CMS invites comments on all
portions of this notice. See DATES section below for comment period.
DATES: CMS filed a report of the Computer Matching Program with the
Chair of the House Committee on Government Reform and Oversight, the
Chair of the Senate Committee on Governmental Affairs, and the
Administrator, Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB) on August 1, 2003. We will not disclose any
information under a matching agreement until 40 days after filing a
report to OMB and Congress or 30 days after publication. We may defer
implementation of this matching program if we receive comments that
persuade us to defer implementation.
ADDRESSES: The public should address comments to: Director, Division of
Privacy Compliance Data Development
[[Page 49481]]
(DPCDD), Enterprise Databases Group, Office of Information Services,
CMS, Mail stop N2-04-27, 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 a.m.-3 p.m., eastern daylight time.
FOR FURTHER INFORMATION CONTACT: Walter Stone, Senior Paralegal
Specialist, Division of Data Liaison and Distribution, Enterprise
Databases Group, Office of Information Services, CMS, Mail stop N2-04-
27, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. The
telephone number is (410) 786-5357, or facsimile (410) 786-5636.
SUPPLEMENTARY INFORMATION:
I. Description of the Matching Program
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 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. 100-508)
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 (SOR)
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.
B. CMS Computer Matches Subject to the Privacy Act and/or Privacy Rule
CMS has taken action to ensure that all CMPs that this Agency
participates in comply with the requirements of the Privacy Act of
1974, as amended, and the Health Insurance Portability and
Accountability Act (45 CFR parts 160 and 164, 65 FR 82462 (12-28-00),
subparts A and E.
Dated: August 1, 2003.
Thomas A. Scully,
Administrator, Centers for Medicare & Medicaid Services.
Computer Match No. 2002-02
Name:
``Verification of CHAMPUS/TRICARE Eligibility for Military Health
System Beneficiaries Who are Medicare Eligible and Under the Age of
65.''
Security Classification:
Level Three Privacy Act Sensitive
Participating Agencies:
The Centers for Medicare & Medicaid Services (CMS); and Department
of Defense (DoD), Manpower Data Center (DMDC), Defense Enrollment and
Eligibility Reporting System Office (DEERS), and the Office of the
Assistant Secretary of Defense (Health Affairs)/TRICARE Management
Activity (TMA).
Authority for Conducting Matching Program:
This agreement implements the information matching provisions of
the National Defense Authorization Acts (NDAA) for Fiscal Years (FY)
1992 and 1993 (PL 102-190) Sec. 704, which provide for reinstatement
of CHAMPUS as second payer for beneficiaries entitled to Medicare on
the basis of disability/ESRD only if they also enroll in Part B, and
the 1996 NDAA (Public Law 104-106) Sec. 732, which amended Sec.
1086(d) of title 10, U.S.C., and directed the administering Secretaries
to develop a mechanism for notifying beneficiaries of their
ineligibility for CHAMPUS when loss of eligibility is due to disability
status.
Purpose(s) of the Matching Program:
The purpose of this agreement is to establish the conditions,
safeguards and procedures under which CMS will disclose Medicare
enrollment information to the DoD. This disclosure will provide TMA
with the information necessary to determine if an individual is
eligible to receive extended TRICARE coverage.
Current law requires TMA to discontinue military health care
benefits to disabled individuals when they become eligible for Medicare
Part A because of disability or End Stage Renal Disease (ESRD), unless
they are enrolled in Medicare Part B. In order for TMA to meet these
requirements, CMS agrees to disclose Part A and Part B enrollment data
on this dual eligible population, which will be used to determine a
beneficiary's eligibility for continued care under TRICARE. DMDC/DEERS
will receive the results of the computer match and provide the
information to TMA for use in its program.
Categories of Records and Individuals Covered by the Match:
DEERS will furnish CMS with an electronic file on a monthly basis
extracted from DEERS' system of records identified as S322.50, entitled
``Defense Eligibility Records (DER),'' containing social security
numbers (SSN) for all DoD eligible beneficiaries under the age of 65
who may also be eligible for Medicare benefits. CMS will match the
DEERS file against its ``Enrollment Database'' system of records
(formerly known as the Health Insurance Master Record), System No. 09-
70-0502, and will validate the identification of the beneficiary and
provide the Health Insurance Claims Number (HICN) that matches against
the SSN and date of birth provided by DEERS, and also provide the
Medicare Part A entitlement status and Part B enrollment status of the
beneficiary. CMS's data will help TMA to determine a beneficiary's
eligibility for continued care under TRICARE. DEERS will receive the
results of the computer match and provide the information provided to
TMA for use in its program.
Inclusive Dates of the Match:
The Matching Program shall 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, which ever is
later. The matching program will continue for 18 months from the
effective date and may be renewed every 12 months thereafter, as long
as the statutory language for the match exists and other conditions are
met.
[FR Doc. 03-20777 Filed 8-15-03; 8:45 am]
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