[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Notices]
[Pages 30839-30841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13000]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
Privacy Act of 1974; CMS Computer Match No. 2010-03, HHS Computer
Match No. 1003, 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 June 30, 2010.
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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
[[Page 30840]]
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 Acting Administrator, Office
of Information and Regulatory Affairs, Office of Management and Budget
(OMB) on May 19, 2010. 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 whichever
is later.
ADDRESSES: The public should address comments to: Walter Stone, CMS
Privacy Officer, Division of Information Security & Privacy Management,
Enterprise Architecture and Strategy Group, Office of Information
Services (OIS), CMS, Mail stop N1-24-08, 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. to 3 p.m., eastern daylight time.
FOR FURTHER INFORMATION CONTACT: John Albert, Technical Advisor,
Division of Medicare Benefits Coordination, Financial Services Group,
Office of Financial Management, CMS, Mail stop C3-14-16, 7500 Security
Boulevard, Baltimore, Maryland 21244-1850. The telephone number is
(410) 786-7457, or e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
Description of the Matching Program
A. General
The Computer Matching and Privacy Protection Act of 1988 (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:
Negotiate written agreements with the other agencies participating in
the matching programs;
Obtain the Data Integrity Board approval of the match agreements;
Furnish detailed reports about matching programs to Congress and OMB;
Notify applicants and beneficiaries that the records are subject to
matching; and
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: May 21, 2010.
Michelle Snyder,
Deputy Chief Operating Officer, Centers for Medicare & Medicaid
Services.
CMS Computer Match No. 2010-03
HHS Computer Match No. 1003
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 (5 U.S.C. 552a), as amended, (as
amended by 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 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 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 to determine 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
(Customer Account Data Engine) Individual Master File (IMF), Treasury/
IRS 24.030, published at 73 FR 13304 (March 12, 2008), 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. IRS established Project 241, IMF/
Medicare Beneficiary Match 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 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. SSA will also extract employer name and
address from the Employer Identification File (EIF).
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, EIF, 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.
[[Page 30841]]
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,
EIF, 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. CMS accesses this file upon receiving a claim for payment.
CMS will match GHP information against the Common Working File
(CWF), CMS System No. 09-70-0526, published at 71 FR 64955 (November 6,
2006), which is the repository data base for all current hospital and
medical coverage MSP information, maintained at the CMS Data Center,
located in Baltimore, Maryland. 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 Supplementary Medical Insurance Benefits (Medicare Part B). CMS
accesses this file upon receiving a claim 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 will be useful for studies of 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 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. 2010-13000 Filed 6-1-10; 8:45 am]
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