[Federal Register: April 9, 2004 (Volume 69, Number 69)]
[Notices]
[Page 18912-18913]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap04-70]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
Privacy Act of 1974; Computer Matching Program (CMS Match No.
2004-03)
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 a computer matching agreement
between CMS and the Department of the Treasury, Internal Revenue
Service (IRS). 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 6, 2004. We will not
disclose any information under a matching agreement until the later of
40 days after filing a report to OMB and Congress or 30 days after
publication in the Federal Register. 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, CMS, Mail stop N2-04-27, 7500
Security
[[Page 18913]]
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 e-mail wstone@cms.hhs.gov.
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 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-matching
programs that this agency participates in comply with the requirements
of the Privacy Act of 1974, as amended.
Dated: April 6, 2004.
Mark B. McClellan,
Administrator.
HHS Computer Match No. 2004-03
NAME:
``Medicare Prescription Drug Discount Card and Transitional
Assistance Program''
SECURITY CLASSIFICATION:
Level Three Privacy Act Sensitive
PARTICIPATING AGENCIES:
Centers for Medicare & Medicaid Services (CMS), and
The Department of the Treasury, Internal Revenue Service (IRS)
AUTHORITY FOR CONDUCTING MATCHING PROGRAM:
The Medicare Prescription Drug, Improvement, and Modernization Act
of 2003 (MPDIMA) (Pub. L. 108-173, Section 101, 117 Stat. 2066 (2003))
creates a discount prescription drug card program for certain
individuals who receive Medicare benefits. This program has a phase-in
period ending December 31, 2005, during which time certain individuals
are eligible for transitional assistance. Section 101, Part D, Subpart
4 of the MPDIMA adds Sec. 1860D-31(f) to the Social Security Act,
requiring the Secretary of the Department of Health and Human Services
(HHS) to determine if an individual is eligible for the discount card
or for transitional assistance.
Section 105(e)(1) of the MPDIMA adds new section 6103(1)(19) to the
Internal Revenue Code (26 U.S.C. 6103(1)(19)), which authorizes the IRS
to disclose specified return information of applicants for transitional
assistance to officers, employees, and contractors of HHS. This
authority does not extend to applicants for other benefits under the
MPDIMA.
PURPOSE(S) OF THE MATCHING PROGRAM:
The purpose of this Computer Matching Agreement (CMA) is to
establish the conditions, safeguards, and procedures under which CMS
will conduct a computer-matching program with the IRS to determine
eligibility for the Transitional Assistance Program. The Transitional
Assistance Program provides up to $600 to purchase prescription drugs
to individuals whose annual income does not exceed 135% of the
applicable Federal poverty level and who have no disqualifying
outpatient drug coverage. This match will assist CMS to rapidly
identify eligible applicants for this program.
CATEGORIES OF RECORDS AND INDIVIDUALS COVERED BY THE MATCH:
Under this matching agreement, CMS will provide to the IRS an
initial file containing the name, Social Security Number (SSN), and
Health Insurance Claims Number (HICN) for all Medicare beneficiaries.
This information will be taken from CMS's Medicare Beneficiary Database
(CMS System No. 09-70-0536). IRS will match this information with the
individual's taxpayer income information from the CADE--Individual
Master File (IRS System No. 24.030), and create a separate file
consisting of the name, SSN, and return information specified in 26
U.S.C. 6103(1)(19) of each individual on the initial list. IRS will
maintain this separate list for purposes of responding to CMS inquiries
as to whether the income of a transitional assistance applicant exceeds
the threshold amount. When Medicare beneficiaries apply for
transitional assistance, and CMS cannot otherwise verify the income
information provided on an application, CMS will disclose to IRS that
applicant's name, SSN, HICN, and threshold amount. IRS will match this
information with the separate list created as described above, and
return to CMS a report file containing the applicant's SSN, HICN, and
specified return information. CMS will use the IRS response to further
process benefits applications under the transitional assistance
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 match is expected to begin on May 1, 2004. The matching
program will continue for 18 months from the effective date and may be
extended for up to an additional 12 months thereafter, if certain
conditions are met.
[FR Doc. 04-8181 Filed 4-7-04; 10:48 am]
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