Federal Register / Vol. 69, No. 197 / Wednesday, October 13, 2004 / Notices 60883

FOR FURTHER INFORMATION CONTACT:

Sandra M. Peay, Contact Representative 

or Renee Hallman, Case Management 

Assistant, Federal Trade Commission, 

Premerger Notification Office, Bureau of 

Competition, Room H–303, Washington, 

DC 20580 (202) 326–3100.

By Direction of the Commission. 

Donald S. Clark, 

Secretary.

[FR Doc. 04–22930 Filed 10–12–04; 8:45 am] 

BILLING CODE 6750–01–M

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

Privacy Act of 1974; Renewal of 

Computer Matching Program (Match 

No. 2001–06)

AGENCY: Department of Health and 

Human Services (HHS), Centers for 

Medicare & Medicaid Services (CMS).

ACTION: Notice of renewal of computer 

matching program (CMP). 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 

as amended, this notice announces the 

renewal of a CMP that CMS plans to 

conduct with the State of California 

Department of Health Services (DHS). 

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.

DATES: CMS filed a report of the CMP 

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 

October 1, 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, 

Enterprise Databases Group, Office of 

Information Services, 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:

Douglass Brown, Health Insurance 

Specialist, Division of Methods and 

Strategy, Program Integrity Group, 

Office of Financial Management, CMS, 

Mail-stop C3–02–16, 7500 Security 

Boulevard, Baltimore Maryland 21244–

1850. The telephone number is (410) 

786–0028 and e-mail is 

dbrown4@cms.hhs.gov.

SUPPLEMENTARY INFORMATION: 

I. 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. 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 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: October 1, 2004. 

Mark B. McClellan, 

Administrator.

Computer Match No. 2001–06 

NAME: 

‘‘Computer Matching Agreement 

Between the Centers for Medicare & 

Medicaid Services (CMS) and the State 

of California Department of Health 

Services (DHS) for Disclosure of 

Medicare and Medicaid Information’’. 

SECURITY CLASSIFICATION: 

Level Three Privacy Act Sensitive. 

PARTICIPATING AGENCIES: 

The Centers for Medicare & Medicaid 

Services, and State of California 

Department of Health Services. 

AUTHORITY FOR CONDUCTING MATCHING

PROGRAM: 

This Computer Matching Program 

(CMP) is executed to comply with the 

Privacy Act of 1974 (Title 5 United 

States Code (U.S.C.) section 552a), as 

amended, the Office of Management and 

Budget (OMB) Circular A–130, titled 

‘‘Management of Federal Information 

Resources’’ at 65 FR 77677 (December 

12, 2000), and OMB guidelines 

pertaining to computer matching (54 FR 

25818, June 19, 1989). 

Authority for this matching program 

is given under the matching provisions 

of §§ 1816, 1842, and 1874(b) of the 

Social Security Act (42 U.S.C. 1395h, 

1395u, and 1395kk(b)). Authority for 

DHS to participate in this computermatching program is given under the 

provisions of §§ 10740, 10748, 10750, 

14000, and 14000.3. 14000.4, 14005, 

14005.4, 14100.1, 14200 of the 

California Welfare and Institutions 

Code, and 42 CFR 431.300 through 

431.307. DHS is charged with 

administration of the Medicaid program 

in California and is the single state 

agency for such purpose. DHS may act 

as an agent or representative of the 

Federal government for any purpose in 

furtherance of DHS’s functions or 

administration of the Federal funds 

granted to the state. In California, the 

Medi-Cal Act provides qualifying 

individuals with health care and related 

remedial or preventive services, 

including both Medicaid services and 

services authorized under state law that 

are not provided under Federal law. The 

program to provide all such services is 

known as the Medi-Cal program. 

PURPOSE(S) OF THE MATCHING PROGRAM: 

The purpose of this Agreement is to 

establish the conditions, safeguards, and 

procedures under which CMS will 

conduct a computer matching program 

60884 Federal Register / Vol. 69, No. 197 / Wednesday, October 13, 2004 / Notices 

with the State of California, DHS, and 

under which DHS will participate in a 

computer matching program with CMS, 

to study claims, billing, and eligibility 

information to detect suspected 

instances of Medicare and Medicaid 

fraud and abuse (F&A) in the State of 

California. CMS and DHS will provide 

Electronic Data Systems (EDS), a CMS 

contractor (hereinafter referred to as the 

‘‘Custodian’’), with Medicare and 

Medicaid records pertaining to 

eligibility, claims, and billing which the 

Custodian will match in order to merge 

the information into a single database. 

Utilizing fraud detection software, the 

information will then be used to 

identify patterns of aberrant practices 

requiring further investigation. The 

following are examples of the type of 

aberrant practices that may constitute 

F&A by practitioners, providers, and 

suppliers in the State of California 

expected to be identified in this 

matching program: (1) Billing for 

provision of more than 24 hours of 

services in one day; (2) providing 

treatment and services in ways more 

statistically significant than similar 

practitioner groups; and (3) up-coding 

and billing for services more expensive 

than those actually performed. 

CATEGORIES OF RECORDS AND INDIVIDUALS

COVERED BY THE MATCH: 

This CMP will enhance the ability of 

CMS and DHS to detect F&A by 

matching claims data, eligibility, and 

practitioner, provider, and supplier 

enrollment records of Medicare 

beneficiaries, practitioners, providers, 

and suppliers in the State of California 

against records of Medicaid/Medi-Cal 

beneficiaries, practitioners, providers, 

and suppliers in the State of California. 

DESCRIPTION OF RECORDS TO BE USED IN THE

MATCHING PROGRAM: 

Systems of Records (SOR). 

The data for CMS are maintained in 

the following SOR: National Claims 

History (NCH), System No. 09–70–0005 

was most recently published in the 

Federal Register, at 59 FR 19181 (April 

22, 1994). 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. Matched data 

will be released to DHS pursuant to the 

routine use as set forth in the system 

notice. 

Enrollment Database, System No. 09–

70–0502 (formerly known as the Health 

Insurance Master Record) published at 

55 FR 37547 (September 12, 1990). 

Matched data will be released to DHS 

pursuant to the routine use set forth in 

the system notice. 

Medicare Supplier Identification File, 

System No. 09–70–0530 was most 

recently published in the Federal 

Register, at 57 FR 23420 (June 3, 1992). 

Matched data will be released to DHS 

pursuant to the routine use as set forth 

in the system notice. 

Unique Physician/Provider 

Identification Number (formerly known 

as the Medicare Physician Identification 

and Eligibility System), System No. 09–

70–0525, was most recently published 

in the Federal Register at 53 FR 50584 

(Dec 16, 1988). Matched data will be 

released to DHS pursuant to the routine 

use as set forth in the system notice. 

Carrier Medicare Claims Record, 

System No. 09–70–0501 published in 

the Federal Register at 59 FR 37243 

(July 21, 1994). Matched data will be 

released to DHS pursuant to the routine 

use as set forth in the system notice. 

The data for DHS are maintained in 

the following data files: ‘‘Medi-Cal 

RFF035 File Paid Claims’’; ‘‘Medi-Cal 

Combined Provider Master File’’; and 

‘‘Medi-Cal Eligibility Record File.’’

INCLUSIVE DATES OF THE MATCH: 

The CMP 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. 04–22902 Filed 10–12–04; 8:45 am] 

BILLING CODE 4120–03–P

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Advisory Committee on Immunization 

Practices 

In accordance with section 10(a)(2) of 

the Federal Advisory Committee Act 

(Pub. L. 92–463), the Centers for Disease 

Control and Prevention (CDC) announce 

the following Federal Committee 

meeting.

Name: Advisory Committee on 

Immunization Practices (ACIP). 

Times and Dates: 9 a.m.–5:45 p.m., 

October 27, 2004; 8 a.m.–4:35 p.m., October 

28, 2004. 

Place: Atlanta Marriott Century Center, 

2000 Century Boulevard, NE., Atlanta, 

Georgia 30345–3377. 

Status: Open to the public, limited only by 

the space available. 

Purpose: The committee is charged with 

advising the Director, CDC, on the 

appropriate uses of immunizing agents. In 

addition, under 42 U.S.C. 1396s, the 

committee is mandated to establish and 

periodically review and, as appropriate, 

revise the list of vaccines for administration 

to vaccine-eligible children through the 

Vaccines for Children (VFC) program, along 

with schedules regarding the appropriate 

periodicity, dosage, and contraindications 

applicable to the vaccines. 

Matters To Be Discussed: The agenda will 

include discussions on influenza which 

includes a VFC vote on use of Live 

Attenuated Influenza Vaccine; proposed 

recommendations for use of quadrivalent 

meningococcal conjugate vaccine (MCV4); 

recommendations for use of Hepatitis A 

Vaccine; an update on implementation of 

strategy to eliminate Hepatitis B virus 

transmission; varicella epidemiology and 

future program goals, including 

consideration of 2 dose varicella vaccination; 

proposal for an evidenced based format for 

ACIP recommendations; consideration of 

revisions for the Harmonized Childhood 

Immunization schedule; revisions to the 2002 

General Recommendations; discussion of 

smallpox vaccine safety; and working group 

and Departmental updates. 

Agenda items are subject to change as 

priorities dictate. 

Due to programmatic issues that had to be 

resolved, the Federal Register notice is being 

published less than fifteen days before the 

date of the meeting. 

For Further Information Contact: Demetria 

Gardner, Epidemiology and Surveillance 

Division, National Immunization Program, 

CDC, 1600 Clifton Road, NE, (E–61), Atlanta, 

Georgia 30333, telephone 404/639–8096, fax 

404/639–8616. 

The Acting Director, Management Analysis 

and Services Office, has been delegated the 

authority to sign Federal Register notices 

pertaining to announcements of meetings and 

other committee management activities for 

both the CDC and ATSDR.

Dated: October 7, 2004. 

B. Kathy Skipper, 

Acting Director, Management Analysis and 

Services Office, Centers for Disease Control 

and Prevention.

[FR Doc. 04–22985 Filed 10–8–04; 9:19 am] 

BILLING CODE 4163–18–P

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES

Food and Drug Administration

[Docket No. 2004N–0049]

Agency Information Collection 

Activities; Announcement of Office of 

Management and Budget Approval; 

Control of Communicable Diseases; 

Restrictions on African Rodents, 

Prairie Dogs, and Certain Other 

Animals

AGENCY: Food and Drug Administration, 

HHS.

ACTION: Notice.