[Federal Register: February 26, 2008 (Volume 73, Number 38)]
[Notices]
[Page 10249-10255]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26fe08-57]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
Privacy Act of 1974; Report of a Modified or Altered System of
Records
AGENCY: Department of Health and Human Services (HHS), Center for
Medicare & Medicaid Services (CMS).
ACTION: Notice of a Modified or Altered System of Records (SOR).
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SUMMARY: In accordance with the requirements of the Privacy Act of
1974, we are proposing to modify or alter existing system of records
titled, ``Enrollment Data Base (EDB), System No. 09-70-0502, last
modified 67 Federal Register 3203 (January 23, 2002). The EDB currently
maintains enrollment-related data, data elements pertaining to Medicare
Secondary Payer (MSP), and data regarding Direct billing and Third Part
premium collection information for Medicare premiums. We are amending
the purpose of the EDB to include maintaining enrollment and
entitlement data currently maintained in the following CMS systems of
records: Medicare Beneficiary Database (MBD), System No. 09-70-0536;
and the Medicare Prescription Drug System (MARx), System No. 09-70-
4001.
We are modifying the language in published routine use number 1 to
permit disclosures to a grantee of a CMS-administered grant program
that perform a task for the agency. CMS occasionally contracts out
certain of its functions when doing so would contribute to effective
and efficient operations. CMS must be able to give a contractor,
consultant or grantee whatever information is necessary for the
contractor, consultant, or grantee to fulfill its duties. We will
modify existing routine use number 5 that permits disclosure to Peer
Review Organizations (PRO). Organizations previously referred to as
PROs will be renamed to read: Quality Improvement Organizations (QIO).
Information will be disclosed to QIOs for health care quality
improvement projects. The modified routine use will be renumbered as
routine use number 5. We will delete published routine use number 8
authorizing disclosure to support constituent requests made to a
congressional representative. If an authorization for the disclosure
has been obtained from the data subject, then no routine use is needed.
The Privacy Act allows for disclosures with the ``prior written
consent'' of the data subject.
[[Page 10250]]
We are modifying the language in the remaining disclosure
provisions to provide a proper explanation as to the need for the
disclosure and to provide clarity to CMS's intention to disclose
individual-specific information contained in this system. We will also
take the opportunity to update any sections of the system that were
affected by the recent reorganization or because of the impact of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(MMA) (Pub. L. 108-173) provisions and to update language in the
administrative sections to correspond with language used in other CMS
system notices.
The primary purpose of the SOR is to maintain information on
Medicare enrollment for the administration of the Medicare program,
including the following functions: Ensuring proper Medicare enrollment,
claims payment, Direct billing and Third Party premium collection
information, coordination of benefits by validating and verifying the
enrollment status of beneficiaries, and validating and studying the
characteristics of persons enrolled in the Medicare program including
their requirements for information. Information retrieved from this SOR
will also be disclosed to: (1) Support regulatory, reimbursement, and
policy functions performed within the Agency or by agency contractors,
consultants, or to a grantee of a CMS-administered grant; (2) assist
another Federal or state agency, agency of a state government, an
agency established by state law, or its fiscal agent; (3) assist third
parties where the contact is expected to have information relating to
the individual's capacity to manage his or her own affairs; (4) assist
providers and suppliers of services for administration of Title XVIII
of the Act; (5) support Quality Improvement Organizations (QIO); (6)
assist other insurers for processing individual insurance claims; (7)
facilitate research on the quality and effectiveness of care provided,
as well as payment-related and epidemiological projects; (8) support
litigation involving the Agency; and (9) combat fraud and abuse in
certain health benefits programs. We have provided background
information about the new system 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
routine uses, CMS invites comments on all portions of this notice. See
``Effective Dates'' section for comment period.
EFFECTIVE DATE: CMS filed a new SOR report with the Chair of the House
Committee on Government Reform and Oversight, the Chair of the Senate
Committee on Homeland Security & Governmental Affairs, and the
Administrator, Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB) on February 12, 2008. To ensure that all
parties have adequate time in which to comment, the new system will
become effective 30 days from the publication of the notice, or 40 days
from the date it was submitted to OMB and the Congress, whichever is
later. We may defer implementation of this system or one or more of the
routine use statements listed below if we receive comments that
persuade us to defer implementation.
ADDRESSES: The public should address comments to: CMS Privacy Officer,
Division of Privacy Compliance, Enterprise Architecture and Strategy
Group, Office of Information Services, CMS, Room N2-04-27, 7500
Security Boulevard, Baltimore, Maryland 21244-1850. The telephone
number is (410) 786-5357. Comments received will be available for
review at this location, by appointment, during regular business hours,
Monday through Friday from 9 a.m. to 3 p.m., Eastern Time zone.
FOR FURTHER INFORMATION CONTACT: Kathryn Cox, Health Insurance
Specialist, Division of Enrollment and Eligibility Policy, Medicare
Enrollment and Appeals Group, Centers for Beneficiary Choices, Mail
Stop C2-12-16, Centers for Medicare & Medicaid Services, 7500 Security
Boulevard, Baltimore, MD 21244-1849. She can be reached by telephone at
410-786-5954 or e-mail Kathryn.Cox@cms.hhs.gov.
SUPPLEMENTARY INFORMATION: The EDB is the authoritative source of
information for anyone who has ever been entitled to receive Medicare.
Both personal and financial information is stored on the system. The
EDB is CMS's single resource of managing Medicare entitlement data.
CMS's major operation functions and goals are directly supported by the
EDB including Medicare entitlement and premium billing (both direct
beneficiary and third-party billing). The system contains personally
identifiable information in the form of names, entitlement, health
insurance number etc. Numerous CMS critical systems are directly
supported by EDB. The Direct Billing System (DB) was integrated into
the EDB in 1996. This system deals with all EDB beneficiaries who are
(or were) billed directly for their Medicare premiums. The EDB
maintains a history of all direct-billing information and payments. In
addition, Medicare claim payments and managed-care enrollment are
supported indirectly by the EDB.
The EDB includes the following types of information for each
Medicare enrollee: Beneficiary identification (e.g., name, birth date,
address, date of death); Part A and Part B enrollment (current and
historical); Medicare card issuance; Medicare Secondary Payer (MSP);
Third-party payer; Medicare Advantage enrollment; Common Working File
(CWF) host site; Hospice information; Cross-reference numbers; Direct
billing; Disability data; and ESRD data.
I. Description of the Proposed System of Records
A. Statutory and Regulatory Basis for SOR
Authority for maintenance of the system is given under sections
226, 226A, 1811, 1818, 1818A, 1831, 1836, 1837, 1838, 1843, 1876, and
1881 of the Social Security Act (the Act) and Title 42 Code of Federal
Regulations (CFR), parts 406, 407, 408, 411 and 424. Authority for
maintenance of the system section 1862 of the Act was a published
authority in the published SOR. We included section 1862 in the
modified SOR since we do maintain a limited number of data elements in
the EDB pertaining to MSP. Authority for maintenance of the system
section 1870 of the Act was included in the modified system since the
EDB does maintain data regarding direct billing for Medicare premiums.
Section 1870(g) describes refunding these premiums.
B. Collection and Maintenance of Data in the System
The system contains information related to Medicare enrollment and
entitlement and MSP data containing other party liability insurance
information necessary for appropriate Medicare claim payment. It
contains hospice election, Direct billing and Third Party Premium
collection information, and group health plan enrollment data. The
system also contains the individual's health insurance numbers, name,
geographic location, race/ethnicity, sex, and date of birth.
Information is collected on individuals age 65 or over who have been,
or currently are, entitled to health insurance (Medicare) benefits
under Title XVIII of the Act or under provisions of the Railroad
Retirement Act, individuals under age 65 who have been, or currently
are, entitled to such benefits on the basis of having been entitled for
not less than 24 months to disability benefits under Title II of the
Act or under the Railroad Retirement Act, individuals who have been, or
[[Page 10251]]
currently are, entitled to such benefits because they have ESRD,
individuals age 64 and 8 months or over who are likely to become
entitled to health insurance (Medicare) benefits upon attaining age 65,
and individuals under age 65 who have at least 21 months of disability
benefits who are likely to become entitled to Medicare upon the 25th
month of their being disabled.
II. Agency Policies, Procedures, and Restrictions on Routine Uses
A. The Privacy Act permits us to disclose information without an
individual's consent if the information is to be used for a purpose
that is compatible with the purpose(s) for which the information was
collected. Any such disclosure of data is known as a ``routine use.''
The Government will only release EDB information that can be associated
with an individual as provided for under ``Section III. Proposed
Routine Use Disclosures of Data in the System.'' Both identifiable and
non-identifiable data may be disclosed under a routine use. We will
only collect the minimum personal data necessary to achieve the purpose
of EDB.
CMS has the following policies and procedures concerning
disclosures of information that will be maintained in the system.
Disclosure of information from the system will be approved only to the
extent necessary to accomplish the purpose of the disclosure and only
after CMS:
1. Determines that the use or disclosure is consistent with the
reason that the data is being collected; e.g., to collect and maintain
a person-level view of identifiable data to establish a data warehouse
to study chronically ill Medicare beneficiaries.
2. Determines that:
a. The purpose for which the disclosure is to be made can only be
accomplished if the record is provided in individually identifiable
form;
b. The purpose for which the disclosure is to be made is of
sufficient importance to warrant the effect and/or risk on the privacy
of the individual that additional exposure of the record might bring;
and
c. There is a strong probability that the proposed use of the data
would in fact accomplish the stated purpose(s).
3. Requires the information recipient to:
a. Establish administrative, technical, and physical safeguards to
prevent unauthorized use of disclosure of the record;
b. Remove or destroy, at the earliest time, all patient-
identifiable information; and
c. Agree to not use or disclose the information for any purpose
other than the stated purpose under which the information was
disclosed.
4. Determines that the data are valid and reliable.
III. Proposed Routine Use Disclosures of Data in the System
A. The Privacy Act allows us to disclose information without an
individual's consent if the information is to be used for a purpose
that is compatible with the purpose(s) for which the information was
collected. Any such compatible use of data is known as a ``routine
use.'' The proposed routine uses in this system meet the compatibility
requirement of the Privacy Act. We are proposing to establish the
following routine use disclosures of information maintained in the
system:
1. To support agency contractors, or consultants, or to a grantee
of a CMS-administered grant program who have been engaged by the agency
to assist in the accomplishment of a CMS function relating to the
purposes for this system and who need to have access to the records in
order to assist CMS.
We contemplate disclosing information under this routine use only
in situations in which CMS may enter into a contractual or similar
agreement with a third party to assist in accomplishing CMS function
relating to purposes for this system.
CMS occasionally contracts out certain of its functions when doing
so would contribute to effective and efficient operations. CMS must be
able to give a contractor, consultant or grantee whatever information
is necessary for the contractor or consultant to fulfill its duties. In
these situations, safeguards are provided in the contract prohibiting
the contractor, consultant or grantee from using or disclosing the
information for any purpose other than that described in the contract
and requires the contractor, consultant or grantee to return or destroy
all information at the completion of the contract.
2. To assist another Federal or state agency, agency of a state
government, an agency established by state law, or its fiscal agent to:
a. contribute to the accuracy of CMS's proper payment of Medicare
benefits;
b. enable such agency to administer a Federal health benefits
program, or, as necessary, to enable such agency to fulfill a
requirement of a Federal statute or regulation that implements a health
benefits program funded in whole or in part with Federal funds; and/or
c. assist Federal/state Medicaid programs within the state.
Other Federal or state agencies, in their administration of a
Federal health program, may require EDB information in order to support
evaluations and monitoring of Medicare claims information of
beneficiaries, including proper reimbursement for services provided.
3. To assist third party contacts (without the consent of the
individuals to whom the information pertains) in situations where the
party to be contacted has, or is expected to have information relating
to the individual's capacity to manage his or her affairs or to his or
her eligibility for, or an entitlement to, benefits under the Medicare
program and,
a. The individual is unable to provide the information being sought
(an individual is considered to be unable to provide certain types of
information when any of the following conditions exists: the individual
is confined to a mental institution, a court of competent jurisdiction
has appointed a guardian to manage the affairs of that individual, a
court of competent jurisdiction has declared the individual to be
mentally incompetent, or the individual's attending physician has
certified that the individual is not sufficiently mentally competent to
manage his or her own affairs or to provide the information being
sought, the individual cannot read or write, cannot afford the cost of
obtaining the information, a language barrier exist, or the custodian
of the information will not, as a matter of policy, provide it to the
individual), or
b. The data are needed to establish the validity of evidence or to
verify the accuracy of information presented by the individual, and it
concerns one or more of the following: the individual's entitlement to
benefits under the Medicare program; and the amount of reimbursement;
any case in which the evidence is being reviewed as a result of
suspected fraud and abuse, program integrity, quality appraisal, or
evaluation and measurement of program activities.
Third parties contacts require EDB information in order to provide
support for the individual's entitlement to benefits under the Medicare
program; to establish the validity of evidence or to verify the
accuracy of information presented by the individual or the
representative of the applicant, and assist in the monitoring of
Medicare claims information of beneficiaries, including proper
reimbursement of services provided.
Senior citizen volunteers working in the carriers and
intermediaries' offices to assist Medicare beneficiaries' request
[[Page 10252]]
for assistance may require access to EDB information.
Occasionally fiscal intermediary/carrier banks, automated clearing
houses, value added networks (VAN), and provider banks, to the extent
necessary transfer to provider's electronic remittance advice of
Medicare payments, and with respect to provider banks, to the extent
necessary to provide account management services to providers using
this information.
4. To assist providers and suppliers of services dealing through
fiscal intermediaries or carriers for the administration of Title XVIII
of the Social Security Act.
Providers and suppliers of services require EDB information in
order to establish the validity of evidence, or to verify the accuracy
of information presented by the individual as it concerns the
individual's entitlement to benefits under the Medicare program,
including proper reimbursement for services provided.
Providers and suppliers of services who are attempting to validate
items on which the amounts included in the annual Physician/Supplier
Payment List, or other similar publications are based.
5. To support Quality Improvement Organizations (QIO) in order to
assist the QIO to perform Title XI and Title XVIII functions relating
to assessing and improving HHA quality of care.
QIOs will work with HHAs to implement quality improvement programs,
provide consultation to CMS, its contractors, and to state agencies.
The QIOs will provide a supportive role to HHAs in their endeavors to
comply with Medicare Conditions of Participation; will assist the state
agencies in related monitoring and enforcement efforts; assist CMS and
help regional home health intermediaries in home health program
integrity assessment; and prepare summary information about the
nation's home health care for release to beneficiaries.
6. To assist insurance companies, third party administrators (TPA),
employers, self-insurers, managed care organizations, other
supplemental insurers, non-coordinating insurers, multiple employer
trusts, group health plans (i.e., health maintenance organizations
(HMOs) or a competitive medical plan (CMP) with a Medicare contract, or
a Medicare-approved health care prepayment plan (HCPP)), directly or
through a contractor, and other groups providing protection for their
enrollees. Information to be disclosed shall be limited to Medicare
entitlement data. In order to receive the information, they must agree
to:
a. certify that the individual about whom the information is being
provided is one of its insured or employees, or is insured and/or
employed by another entity for whom they serve as a TPA;
b. utilize the information solely for the purpose of processing the
identified individual's insurance claims; and
c. safeguard the confidentiality of the data and prevent
unauthorized access.
Other insurers, TPAs, HMOs, and HCPPs may require EDB information
in order to support evaluations and monitoring of Medicare claims
information of beneficiaries, including proper reimbursement for
services provided.
7. To support an individual or organization for a research,
evaluation, or epidemiological project related to the prevention of
disease or disability, the restoration or maintenance of health, or
payment-related projects.
EDB data will provide for research, evaluation, and epidemiological
projects, a broader, longitudinal, national perspective of the status
of Medicare beneficiaries. CMS anticipates that many researchers will
have legitimate requests to use these data in projects that could
ultimately improve the care provided to Medicare beneficiaries and the
policy that governs the care.
8. To assist the Department of Justice (DOJ), court or adjudicatory
body when:
a. the Agency or any component thereof, or
b. any employee of the Agency in his or her official capacity, or
c. any employee of the Agency in his or her individual capacity
where the DOJ has agreed to represent the employee, or
d. the United States Government,
is a party to litigation or has an interest in such litigation, and by
careful review, CMS determines that the records are both relevant and
necessary to the litigation and that the use of such records by the
DOJ, court or adjudicatory body is compatible with the purpose for
which the agency collected the records.
Whenever CMS is involved in litigation, or occasionally when
another party is involved in litigation and CMS's policies or
operations could be affected by the outcome of the litigation, CMS
would be able to disclose information to the DOJ, court, or
adjudicatory body involved.
9. To assist a CMS contractor (including, but not limited to FIs
and carriers) that assists in the administration of a CMS-administered
health benefits program, or to a grantee of a CMS-administered grant
program, when disclosure is deemed reasonably necessary by CMS to
prevent, deter, discover, detect, investigate, examine, prosecute, sue
with respect to, defend against, correct, remedy, or otherwise combat
fraud or abuse in such programs.
We contemplate disclosing information under this routine use only
in situations in which CMS may enter into a contract or grant with a
third party to assist in accomplishing CMS functions relating to the
purpose of combating fraud and abuse.
CMS occasionally contracts out certain of its functions when doing
so would contribute to effective and efficient operations. CMS must be
able to give a contractor or grantee whatever information is necessary
for the contractor or grantee to fulfill its duties. In these
situations, safeguards are provided in the contract prohibiting the
contractor or grantee from using or disclosing the information for any
purpose other than that described in the contract and requiring the
contractor or grantee to return or destroy all information.
10. To assist another Federal agency or to an instrumentality of
any governmental jurisdiction within or under the control of the United
States (including any state or local governmental agency), that
administers, or that has the authority to investigate potential fraud
or abuse in, a health benefits program funded in whole or in part by
Federal funds, when disclosure is deemed reasonably necessary by CMS to
prevent, deter, discover, detect, investigate, examine, prosecute, sue
with respect to, defend against, correct, remedy, or otherwise combat
fraud or abuse in such programs.
Other agencies may require EDB information for the purpose of
combating fraud and abuse in such Federally funded programs.
B. Additional Provisions Affecting Routine Use Disclosures
To the extent this system contains Protected Health Information
(PHI) as defined by HHS regulation ``Standards for Privacy of
Individually Identifiable Health Information'' (45 CFR Parts 160 and
164, Subparts A and E) 65 Fed. Reg. 82462 (12-28-00). Disclosures of
such PHI that are otherwise authorized by these routine uses may only
be made if, and as, permitted or required by the ``Standards for
Privacy of Individually Identifiable Health Information.''
In addition, our policy will be to prohibit release even of data
not directly identifiable, except pursuant to one of the routine uses
or if required by law,
[[Page 10253]]
if we determine there is a possibility that an individual can be
identified through implicit deduction based on small cell sizes
(instances where the patient population is so small that individuals
who are familiar with the enrollees could, because of the small size,
use this information to deduce the identity of the beneficiary).
IV. Safeguards
CMS has safeguards in place for authorized users and monitors of
such users to ensure against excessive or unauthorized use. Personnel
having access to the system have been trained in the Privacy Act and
information security requirements. Employees who maintain records in
this system are instructed not to release data until the intended
recipient agrees to implement appropriate management, operational and
technical safeguards sufficient to protect the confidentiality,
integrity and availability of the information and information systems
and to prevent unauthorized access.
This system will conform to all applicable Federal laws and
regulations and Federal, HHS, and CMS policies and standards as they
relate to information security and data privacy. These laws and
regulations may apply but are not limited to: the Privacy Act of 1974;
the Federal Information Security Management Act of 2002; the Computer
Fraud and Abuse Act of 1986; the Health Insurance Portability and
Accountability Act of 1996; the E-Government Act of 2002, the Clinger-
Cohen Act of 1996; the Medicare Modernization Act of 2003, and the
corresponding implementing regulations. OMB Circular A-130, Management
of Federal Resources, Appendix III, Security of Federal Automated
Information Resources also applies. Federal, HHS, and CMS policies and
standards include but are not limited to: all pertinent National
Institute of Standards and Technology publications; the HHS Information
Systems Program Handbook and the CMS Information Security Handbook.
V. Effects of the Modified System of Records on Individual Rights
CMS proposes to establish this system in accordance with the
principles and requirements of the Privacy Act and will collect, use,
and disseminate information only as prescribed therein. Data in this
system will be subject to the authorized releases in accordance with
the routine uses identified in this system of records.
CMS will take precautionary measures to minimize the risks of
unauthorized access to the records and the potential harm to individual
privacy or other personal or property rights of patients whose data are
maintained in this system. CMS will collect only that information
necessary to perform the system's functions. In addition, CMS will make
disclosure from the proposed system only with consent of the subject
individual, or his/her legal representative, or in accordance with an
applicable exception provision of the Privacy Act. CMS, therefore, does
not anticipate an unfavorable effect on individual privacy as a result
of information relating to individuals.
Dated: February 13, 2008.
Charlene Frizzera,
Chief Operating Officer, Centers for Medicare & Medicaid Services.
SYSTEM NUMBER: 09-70-0502
SYSTEM NAME:
Enrollment Database (EDB), HHS/CMS/CBC.
SECURITY CLASSIFICATION:
Level Three Privacy Act Sensitive Data.
SYSTEM LOCATION:
CMS Data Center, 7500 Security Boulevard, North Building, First
Floor, Baltimore, Maryland 21244-1850, and at various other remote
locations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Information is collected on individuals age 65 or over who have
been, or currently are, entitled to health insurance (Medicare)
benefits under Title XVIII of the Act or under provisions of the
Railroad Retirement Act, individuals under age 65 who have been, or
currently are, entitled to such benefits on the basis of having been
entitled for not less than 24 months to disability benefits under Title
II of the Act or under the Railroad Retirement Act, individuals who
have been, or currently are, entitled to such benefits because they
have ESRD, individuals age 64 and 8 months or over who are likely to
become entitled to health insurance (Medicare) benefits upon attaining
age 65, and individuals under age 65 who have at least 21 months of
disability benefits who are likely to become entitled to Medicare upon
the 25th month of their being disabled.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system contains information related to Medicare enrollment and
entitlement and Medicare Secondary Payer (MSP) data containing other
party liability insurance information necessary for appropriate
Medicare claim payment. It contains hospice election, Direct billing
and Third Party Premium collection information, and group health plan
enrollment data. The system also contains the individual's health
insurance numbers, name, geographic location, race/ethnicity, sex, and
date of birth.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Authority for maintenance of the system is given under sections
226, 226A, 1811, 1818, 1818A, 1831, 1836, 1837, 1838, 1843, 1876, and
1881 of the Social Security Act (the Act) and Title 42 Code of Federal
Regulations (CFR), parts 406, 407, 408, 411 and 424. Authority for
maintenance of the system section 1862 of the Act was a published
authority in the published SOR. We included section 1862 in the
modified SOR since we do maintain a limited number of data elements in
the EDB pertaining to MSP. Authority for maintenance of the system
section 1870 of the Act was included in the modified system since the
EDB does maintain data regarding direct billing for Medicare premiums.
Section 1870 (g) describes refunding these premiums.
PURPOSE(S) OF THE SYSTEM:
The primary purpose of the SOR is to maintain information on
Medicare enrollment for the administration of the Medicare program,
including the following functions: ensuring proper Medicare enrollment,
claims payment, Direct billing and Third Party premium collection
information, coordination of benefits by validating and verifying the
enrollment status of beneficiaries, and validating and studying the
characteristics of persons enrolled in the Medicare program including
their requirements for information. Information retrieved from this SOR
will also be disclosed to: (1) Support regulatory, reimbursement, and
policy functions performed within the Agency or by agency contractors,
consultants, or to a grantee of a CMS-administered grant; (2) assist
another Federal or state agency, agency of a state government, an
agency established by state law, or its fiscal agent; (3) assist third
parties where the contact is expected to have information relating to
the individual's capacity to manage his or her own affairs; (4) assist
providers and suppliers of services for administration of Title XVIII
of the Act; (5) support Quality Improvement Organizations (QIO); (6)
assist other insurers for processing individual insurance claims; (7)
facilitate research on the quality and effectiveness of care provided,
as well as payment-related and epidemiological projects; (8) support
litigation involving the Agency; and (9) combat fraud and
[[Page 10254]]
abuse in certain health benefits programs.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OR USERS AND THE PURPOSES OF SUCH USES:
A. The Privacy Act allows us to disclose information without an
individual's consent if the information is to be used for a purpose
that is compatible with the purpose(s) for which the information was
collected. Any such compatible use of data is known as a ``routine
use.'' The proposed routine uses in this system meet the compatibility
requirement of the Privacy Act. We are proposing to establish the
following routine use disclosures of information maintained in the
system:
1. To support agency contractors, or consultants, or to a grantee
of a CMS-administered grant program who have been engaged by the agency
to assist in the accomplishment of a CMS function relating to the
purposes for this system and who need to have access to the records in
order to assist CMS.
2. To assist another Federal or state agency, agency of a state
government, an agency established by state law, or its fiscal agent to:
a. contribute to the accuracy of CMS's proper payment of Medicare
benefits;
b. enable such agency to administer a Federal health benefits
program, or, as necessary, to enable such agency to fulfill a
requirement of a Federal statute or regulation that implements a health
benefits program funded in whole or in part with Federal funds; and/or
c. assist Federal/state Medicaid programs within the state.
3. To assist third party contacts (without the consent of the
individuals to whom the information pertains) in situations where the
party to be contacted has, or is expected to have information relating
to the individual's capacity to manage his or her affairs or to his or
her eligibility for, or an entitlement to, benefits under the Medicare
program and,
a. The individual is unable to provide the information being sought
(an individual is considered to be unable to provide certain types of
information when any of the following conditions exists: the individual
is confined to a mental institution, a court of competent jurisdiction
has appointed a guardian to manage the affairs of that individual, a
court of competent jurisdiction has declared the individual to be
mentally incompetent, or the individual's attending physician has
certified that the individual is not sufficiently mentally competent to
manage his or her own affairs or to provide the information being
sought, the individual cannot read or write, cannot afford the cost of
obtaining the information, a language barrier exist, or the custodian
of the information will not, as a matter of policy, provide it to the
individual), or
b. The data are needed to establish the validity of evidence or to
verify the accuracy of information presented by the individual, and it
concerns one or more of the following: the individual's entitlement to
benefits under the Medicare program; and the amount of reimbursement;
any case in which the evidence is being reviewed as a result of
suspected fraud and abuse, program integrity, quality appraisal, or
evaluation and measurement of program activities.
4. To assist providers and suppliers of services dealing through
fiscal intermediaries or carriers for the administration of Title XVIII
of the Social Security Act.
5. To support Quality Improvement Organizations (QIO) in order to
assist the QIO to perform Title XI and Title XVIII functions relating
to assessing and improving HHA quality of care.
6. To assist insurance companies, third party administrators (TPA),
employers, self-insurers, managed care organizations, other
supplemental insurers, non-coordinating insurers, multiple employer
trusts, group health plans (i.e., health maintenance organizations
(HMOs) or a competitive medical plan (CMP) with a Medicare contract, or
a Medicare-approved health care prepayment plan (HCPP)), directly or
through a contractor, and other groups providing protection for their
enrollees. Information to be disclosed shall be limited to Medicare
entitlement data. In order to receive the information, they must agree
to:
a. Certify that the individual about whom the information is being
provided is one of its insured or employees, or is insured and/or
employed by another entity for whom they serve as a TPA;
b. utilize the information solely for the purpose of processing the
identified individual's insurance claims; and
c. safeguard the confidentiality of the data and prevent
unauthorized access.
7. To support an individual or organization for a research,
evaluation, or epidemiological project related to the prevention of
disease or disability, the restoration or maintenance of health, or
payment-related projects.
8. To assist the Department of Justice (DOJ), court or adjudicatory
body when:
a. the Agency or any component thereof, or
b. any employee of the Agency in his or her official capacity, or
c. any employee of the Agency in his or her individual capacity
where the DOJ has agreed to represent the employee, or
d. the United States Government, is a party to litigation or has an
interest in such litigation, and by careful review, CMS determines that
the records are both relevant and necessary to the litigation and that
the use of such records by the DOJ, court or adjudicatory body is
compatible with the purpose for which the agency collected the records.
9. To assist a CMS contractor (including, but not limited to FIs
and carriers) that assists in the administration of a CMS-administered
health benefits program, or to a grantee of a CMS-administered grant
program, when disclosure is deemed reasonably necessary by CMS to
prevent, deter, discover, detect, investigate, examine, prosecute, sue
with respect to, defend against, correct, remedy, or otherwise combat
fraud or abuse in such programs.
10. To assist another Federal agency or to an instrumentality of
any governmental jurisdiction within or under the control of the United
States (including any state or local governmental agency), that
administers, or that has the authority to investigate potential fraud
or abuse in, a health benefits program funded in whole or in part by
Federal funds, when disclosure is deemed reasonably necessary by CMS to
prevent, deter, discover, detect, investigate, examine, prosecute, sue
with respect to, defend against, correct, remedy, or otherwise combat
fraud or abuse in such programs.
B. Additional Provisions Affecting Routine Use Disclosures
To the extent this system contains Protected Health Information
(PHI) as defined by HHS regulation ``Standards for Privacy of
Individually Identifiable Health Information'' (45 CFR parts 160 and
164, subparts A and E) 65 Fed. Reg. 82462 (12-28-00). Disclosures of
such PHI that are otherwise authorized by these routine uses may only
be made if, and as, permitted or required by the ``Standards for
Privacy of Individually Identifiable Health Information.''
In addition, our policy will be to prohibit release even of data
not directly identifiable, except pursuant to one of the routine uses
or if required by law, if we determine there is a possibility that an
individual can be identified through implicit deduction based on small
cell sizes (instances where the patient population is so small that
individuals who are familiar with the enrollees could, because of the
small
[[Page 10255]]
size, use this information to deduce the identity of the beneficiary).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
All records are stored on magnetic media.
RETRIEVABILITY:
All Medicare records are accessible by HIC number or alpha (name)
search. This system supports both on-line and batch access.
SAFEGUARDS:
CMS has safeguards for authorized users and monitors such users to
ensure against excessive or unauthorized use. Personnel having access
to the system have been trained in the Privacy Act and systems security
requirements. Employees who maintain records in the system are
instructed not to release any data until the intended recipient agrees
to implement appropriate administrative, technical, procedural, and
physical safeguards sufficient to protect the confidentiality of the
data and to prevent unauthorized access to the data.
In addition, CMS has physical safeguards in place to reduce the
exposure of computer equipment and thus achieve an optimum level of
protection and security for the EDB system. For computerized records,
safeguards have been established in accordance with the Department of
Health and Human Services (HHS) standards and National Institute of
Standards and Technology guidelines, e.g., security codes will be used,
limiting access to authorized personnel. System securities are
established in accordance with HHS, Information Resource Management
(IRM) Circular 10, Automated Information Systems Security
Program; CMS Automated Information Systems (AIS) Guide, Systems
Securities Policies, and OMB Circular No. A-130 (revised), Appendix
III.
RETENTION AND DISPOSAL:
Records are maintained for a period of 15 years. All claims-related
records are encompassed by the document preservation order and will be
retained until notification is received from DOJ.
SYSTEM MANAGER AND ADDRESS:
Director, Division of Enrollment & Eligibility Policy, Medicare
Enrollment and Appeals Group, Centers for Beneficiary Choices, Mail
Stop C2-09-17, Centers for Medicare & Medicaid Services, 7500 Security
Boulevard, Baltimore, MD 21244-1849.
NOTIFICATION PROCEDURE:
For purpose of access, the subject individual should write to the
system manager who will require the system name, health insurance claim
number, address, date of birth, and sex, and for verification purposes,
the subject individual's name (woman's maiden name, if applicable), and
social security number (SSN). Furnishing the SSN is voluntary, but it
may make searching for a record easier and prevent delay.
RECORD ACCESS PROCEDURE:
For purpose of access, use the same procedures outlined in
Notification Procedures above. Requestors should also reasonably
specify the record contents being sought. (These procedures are in
accordance with department regulation 45 CFR 5b.5(a)(2)).
CONTESTING RECORD PROCEDURES:
The subject individual should contact the systems manager named
above, and reasonably identify the record and specify the information
to be contested. State the corrective action sought and the reasons for
the correction with supporting justification. (These procedures are in
accordance with department regulation 45 CFR 5b.7).
RECORD SOURCE CATEGORIES:
The data contained in these records are furnished by the
individual, or in the case of some MSP situations, through third party
contacts. There are cases, however, in which the identifying
information is provided to the physician by the individual; the
physician then adds the medical information and submits the bill to the
carrier for payment. Updating information is also obtained from the
Railroad Retirement Board, and the Master Beneficiary Record maintained
by the SSA.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
[FR Doc. E8-3562 Filed 2-25-08; 8:45 am]
BILLING CODE 4120-03-P