[Federal Register: May 26, 2004 (Volume 69, Number 102)]
[Notices]
[Page 29958-29959]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my04-70]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
Privacy Act of 1974; Computer Matching Program (Match No. 2001-
04)
AGENCY: Department of Health and Human Services (HHS), Centers for
Medicare & Medicaid Services (CMS).
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 announces the establishment of a
computer-matching program that CMS plans to conduct with 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
Effective Dates section below for comment period.
EFFECTIVE 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 April 30, 2004. 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 (DPCDD), Enterprise Databases
Group, Office of Information Services (OIS), 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 time zone.
FOR FURTHER INFORMATION CONTACT: Maribel Franey, Health Insurance
Specialist, DPCDD, Enterprise Databases Group, OIS, CMS, Mail stop N2-
04-27, 7500 Security Boulevard, N2-04-06, Baltimore, Maryland 21244-
1850. The telephone number is (410) 786-0757, or facsimile (410) 786-
5636.
SUPPLEMENTARY INFORMATION:
I. Description of the Matching Program
A. General
The Computer Matching and Privacy Protection Act (CMPPA) 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
[[Page 29959]]
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 Boards (DIB) 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
CMS has taken action to ensure that all of the computer matches
programs that this agency participates in comply with the requirements
of the Privacy Act of 1974, as amended.
Dated: May 20, 2004.
Mark B. McClellan,
Administrator.
COMPUTER MATCH NO. 2001-04
NAME:
``Verification of TRICARE Eligibility''.
SECURITY CLASSIFICATION:
Level Three Privacy Act Sensitive.
PARTICIPATING AGENCIES:
Centers for Medicare & Medicaid Services (CMS); and Department of
Defense (DoD).
AUTHORITY FOR CONDUCTING MATCHING PROGRAM:
This Computer Matching Agreement is executed to comply with the
Privacy Act of 1974 (5 U.S.C. 552a), as amended, the Office of
Management and Budget (OMB) Circular A-130, entitled ``Management of
Federal Information Resources'' (61 FR 6435, February 20, 1996), and
OMB guidelines pertaining to computer matching (54 FR 25818, June 19,
1989).
This agreement implements the information matching provisions of
the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2001
(Public Law (Pub. L.) 106-398) Sec. Sec. 711 and 712; the NDAA for FY
1993 (Pub. L. 102-484) Sec. 705, and the NDAA for FY 1992 (Pub. L.
102-190 Sec. Sec. 704 and 713).
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 Part A
entitlement and Part B enrollment information to the Department of
Defense (DoD), Defense 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). 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 provide health care and medical
benefits to Medicare eligible beneficiaries who are enrolled in the
medical insurance program under Part B of the Medicare program. In
order for TMA to meet these requirements, CMS agrees to disclose Part A
entitlement and Part B enrollment data on this dual eligible
population, which will be used to determine a beneficiary's eligibility
for care under TRICARE. DEERS will receive the results of the computer
match and provide the information provided 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) and date of birth for all DoD eligible beneficiaries whom
may also be eligible for Medicare benefits. CMS will match the DEERS
file against its ``Enrollment Database (EDB)'' system of records
(formerly known as the Health Insurance Master Record), System No. 09-
70-0502, and will validate the identification of the beneficiary by
providing the Health Insurance Claims Number (HICN) that matches
against the SSN and date of birth provided by DEERS. CMS will also
provide the Medicare Part A entitlement and Part B enrollment status of
the beneficiary. CMS's data will help TMA to determine a beneficiary's
eligibility for care under TRICARE. DEERS will receive the results of
the computer match and provide the information provided in the reply
file to TMA for use in its program.
INCLUSIVE DATES OF THE MATCH:
The Computer 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 extended for an additional 12 months
thereafter, if certain conditions are met.
[FR Doc. 04-11937 Filed 5-25-04; 8:45 am]
BILLING CODE 4120-03-P