[Federal Register: November 28, 2007 (Volume 72, Number 228)]
[Notices]
[Page 67309-67310]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no07-55]
[[Page 67309]]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
Privacy Act of 1974; CMS Computer Match No. 2007-03; HHS Computer
Match No. 0407; SSA Computer Match No. 1048; IRS Project No. 241
AGENCY: Department of Health and Human Services (HHS), Centers for
Medicare & Medicaid Services (CMS).
ACTION: Notice of renewal of an existing computer matching program
(CMP) that has an expiration date of April 1, 2007.
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SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended, this notice announces the renewal of an existing CMP
between CMS, the Internal Revenue Service (IRS), and the Social
Security Administration (SSA). We have provided information about the
matching program in the SUPPLEMENTARY INFORMATION section below. The
Privacy Act provides an opportunity for interested persons to comment
on the matching program. We may defer implementation of this matching
program if we receive comments that persuade us to defer
implementation. See ``Effective Dates'' section below for comment
period.
DATES: Effective Dates: CMS filed a report of the Computer Matching
Program (CMP) with the Chair of the House Committee on Oversight and
Government Reform, the Chair of the Senate Committee on Homeland
Security and Governmental Affairs, and the Administrator, Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB) on November 21, 2007. 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 in the Federal Register (FR),
whichever is later.
ADDRESSES: The public should address comments to: Walter Stone, CMS
Privacy Officer, Division of Privacy Compliance, Enterprise
Architecture and Strategy 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 daylight time.
FOR FURTHER INFORMATION CONTACT: John Albert, Technical Advisor,
Division of Medicare Secondary Payer Policy and Operations, Financial
Services Group, Office of Financial Management, CMS, Mailstop C3-14-16,
7500 Security Boulevard, Baltimore, Maryland 21244-1850. The telephone
number is (410) 786-7457, or e-mail at John.Albert@cms.hhs.gov.
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. 101-508)
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 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
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.
Dated: November 7, 2007.
Charlene Frizzera,
Chief Operating Officer, Centers for Medicare & Medicaid Services.
CMS COMPUTER MATCH NO. 2007-03
HHS COMPUTER MATCH NO. 0407
SSA COMPUTER MATCH NO. 1048
IRS PROJECT NO. 241
NAME:
``Medicare Secondary Payer (MSP) Program''.
SECURITY CLASSIFICATION:
Level Three Privacy Act Sensitive.
PARTICIPATING AGENCIES:
Internal Revenue Service (IRS), Social Security Administration
(SSA), and the Centers for Medicare & Medicaid Services (CMS).
AUTHORITY FOR CONDUCTING MATCHING PROGRAM:
This Matching Agreement between IRS, SSA and CMS is executed
pursuant to the Privacy Act of 1974 (Title 5 United States Code
(U.S.C.) Sec. 552a), as amended, (as amended by Public Law (Pub. L.)
100-503, the Computer Matching and Privacy Protection Act (CMPPA) of
1988), the Office of Management and Budget (OMB) Circular A-130, titled
``Management of Federal Information Resources'' at 61 Federal Register
(FR) 6428-6435 (February 20, 1996), and OMB guidelines pertaining to
computer matching at 54 FR 25818 (June 19, 1989).
This agreement implements the information matching provisions of
Sec. 6103(l)(12) of the Internal Revenue Code (IRC) (26 U.S.C
6103(1)(12)), and Sec. 1862(b)(5) of the Social Security Act (42
U.S.C. 1395y(b)(5)).
PURPOSE(S) OF THE MATCHING PROGRAM:
The purpose of this agreement is to establish the conditions under
which: (1) IRS agrees to disclose return information relating to
taxpayer identity to SSA, and (2) SSA agrees to disclose return
information relating to beneficiary and employer identity, commingled
with information disclosed by the IRS, to CMS.
These disclosures will provide CMS with information for use in
determining the extent to which any Medicare beneficiary is covered
under any Group Health Plan (GHP).
CATEGORIES OF RECORDS AND INDIVIDUALS COVERED BY THE MATCH:
IRS will disclose taxpayer identity information from the CADE
Individual Master File (IMF), Treasury/IRS 24.030, published at 66 FR
63800 (December 10, 2001), and maintained at the Martinsburg Computing
Center in Martinsburg, West Virginia. This file includes millions of
records of taxpayers who have filed Federal Individual Income Tax
Returns. Project 241, IMF/Medicare Beneficiary Match, was established
by IRS to facilitate this matching program.
SSA will extract identifying information of Medicare beneficiaries
from the Master Beneficiary Record (MBR), SSA/OSR 60-0090, published at
71 FR 1826 (January 11, 2006) and maintained at the National Computer
Center (NCC) in Baltimore, MD. This file
[[Page 67310]]
includes records of individuals who have received and are receiving
benefits under the Social Security Act. SSA will extract employer
identity information from the Earnings Recording and Self-Employment
Income System, SSA/0SR 60-0059, referred to as the Master Earnings File
(MEF) published at 71 FR 1819 (January 11, 2006) and maintained at the
NCC. This file contains earnings records of individuals including
identifying information of their employees.
CMS will utilize a database, Medicare Advantage Prescription Drug
System (MARx) CMS System No. 09-70-4001, published at 70 FR 60530
(October 18, 2005), maintained at the CMS Data Center, located in
Baltimore, Maryland, of the GHP information received from employers
containing verified instances of employment and GHP coverage for
Medicare beneficiaries and Medicare-eligible spouses identified from
the IMF and MEF extracts.
CMS will match GHP information against the Medicare Multi Carrier
Claims System (MCS) (formerly known as Carrier Medicare Claims
Records), CMS System No. 09-70-0501, published at 71 FR 64968 (November
6, 2006), maintained at the CMS Data Center, located in Baltimore,
Maryland. These files contain information received from employers
containing verified instances of employment and GHP coverage for
Medicare beneficiaries and Medicare-eligible spouses identified from
the IMF and MEF extracts.
CMS will match GHP information against the Fiscal Intermediary
Shared System (FISS) (formerly known as Intermediary Medicare Claims
Records, CMS System No. 09-70-0503, published at 71 FR 64961 (November
6, 2006), maintained at the CMS Data Center, located in Baltimore,
Maryland. This file contains information or records needed to properly
process and pay Medicare benefits to, or on behalf of, eligible
individuals. The file is accessed when a claim is submitted for
payment.
CMS will match GHP information against the CWF, CMS System No. 09-
70-0526, published at 71 FR 64955 (November 6, 2006), which is the
repository database for all current hospital and medical coverage MSP
information. These files contain information or records needed to
properly process and pay medical insurance benefits to, or on behalf
of, entitled beneficiaries who have submitted claims for Medicare
Medical Insurance Benefits (Medicare Part B). The file is accessed when
a claim is submitted for payment.
CMS will match GHP information against the National Claims History
(NCH), which is contained in the National Claims History File, CMS
System No. 09-70-0558, published at 71 FR 67137 (November 20, 2006),
maintained at the CMS Data Center, located in Baltimore, Maryland. NCH
contains records needed to facilitate obtaining Medicare utilization
review data that can be used to study the operation and effectiveness
of the Medicare program.
INCLUSIVE DATES OF THE MATCH:
The Matching Program shall become effective 40 days after the
report of the Matching Program is sent to OMB and Congress, or 30 days
after publication in the FR, whichever 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. E7-23139 Filed 11-27-07; 8:45 am]
BILLING CODE 4120-01-P