### 49525 Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Notices

after publication in the Federal Register , whichever is later.

**ADDRESSES :**  The public should send comments to: CMS Privacy Officer, Division of Privacy Policy, Privacy Policy and Compliance Group, Office of E-Health Standards & Services, Office of Enterprise Management, CMS, Room S2–24–25, 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 9:00 a.m.–3:00 p.m., Eastern Time zone.

**FOR FURTHER INFORMATION CONTACT :**  Aaron Wesolowski, Director, Verifications Policy & Operations Branch, Division of Eligibility and Enrollment Policy and Operations,
Center for Consumer Information and Insurance Oversight, CMS, 7501 Wisconsin Avenue, Bethesda, MD 20814, Office Phone: (301) 492–4416, Facsimile: (443) 380–5531, E-Mail: Aaron.Wesolowski@cms.hhs.gov.

**SUPPLEMENTARY INFORMATION :**  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.

This matching program meets the requirements of the Privacy Act of 1974,
as amended. Date: July 31, 2013. Michelle Snyder, Chief Operating Officer, Centers for Medicare
& Medicaid Services.

**CMS Computer Match No. 2013–08 HHS Computer Match No. 1309** 

**NAME :** 

‘‘Computer Matching Agreement between the Department of Health and Human Services, Centers for Medicare & Medicaid Services, and the Department of the Treasury, Internal Revenue Service, for the Verification of Household Income and Family Size for Insurance Affordability Programs and Exemptions’’.

**SECURITY CLASSIFICATION :** 

Unclassified.

**PARTICIPATING AGENCIES :** 

Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS), and Department of the Treasury, Internal Revenue Service (IRS).

**AUTHORITY FOR CONDUCTING MATCHING**

**PROGRAM :** 

Sections 1411 and 1413 of the Patient
Protection and Affordable Care Act of 2010 (Pub. L. 111–148), as amended by
the Health Care and Education Reconciliation Act of 2010 (Pub. L. 111– 152) (collectively, the ACA) require the Secretary of HHS to establish a program for determining eligibility for certain Insurance Affordability Programs, certifications of Exemption, and authorize use of secure, electronic interfaces and an on-line system for the verification of eligibility.

Section 1414 of the ACA amended 26 U.S.C. 6103 to add paragraph (l)(21),
which authorizes the disclosure of
certain items of Return Information as part of the Eligibility Determination process for enrollment in the following Insurance Affordability Programs: advance payments of the premium tax credit (APTC) under Sections 1401, 1411 and 1412 of the ACA; a Cost Sharing Reduction (CSR) under Section 1402 of the ACA; Medicaid and the Children’s Health Insurance Program (CHIP), under titles XIX and XXI of the Social Security Act, pursuant to Section 1413 of the ACA; or a State’s Basic Health Program (BHP), if applicable,
under Section 1331 of the ACA.

**PURPOSE (**  **S )**  **OF THE MATCHING PROGRAM :** 

The purpose of the Computer Matching Agreement (CMA) is to establish the terms, conditions, safeguards, and procedures governing the disclosures of Return Information by IRS to CMS and by CMS to an Administering Entity (state agencies thatadminister Medicaid or CHIP, and statebased Exchanges and Marketplaces) through the CMS Data Services Hub to support the verification of Household Income and Family Size for an Applicant receiving an Eligibility
Determination under the ACA.

Return Information will be matchedby CMS in its capacity as the Federallyfacilitated Exchange (Federallyfacilitated Marketplace) or by an Administering Entity for the purpose of determining eligibility for Insurance Affordability Programs (APTC, CSR, Medicaid, CHIP or a BHP). Return
Information will also be matched for determining eligibility for certain certificates of Exemption.

**DESCRIPTION OF RECORDS TO BE USED IN THE**

**MATCHING PROGRAM :** 

The matching program will be conducted with data maintained by CMS in the Health Insurance Exchanges System (HIX), CMS System No. 09–70– 0560, as amended, published at 78 Federal Register (FR) 8538 (Feb. 6, 2013) and 78 FR 32256 (May 29, 2013).

The matching program will also be conducted with specified Return Information maintained by IRS in the Customer Account Data Engine (CADE) Individual Master File, Treasury/IRS 24.030, published at 77 FR 47948 (August 10, 2012).

**INCLUSIVE DATES OF THE MATCH :** 

The CMP will 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

, 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. 2013–19722 Filed 8–13–13; 8:45 am]

**BILLING CODE 4120–03–P**

**DEPARTMENT OF HEALTH AND**
**HUMAN SERVICES**

**Centers for Medicare & Medicaid**
**Services**

**Privacy Act of 1974; CMS Computer Match No. 2013–06; HHS Computer** 
**Match No. 1308**

**AGENCY :**  Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS).

**ACTION :**  Notice of Computer Matching Program (CMP).

**SUMMARY :**  In accordance with the requirements of the Privacy Act of 1974,


### 49526 Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Notices

as amended, this notice announces the establishment of a CMP that CMS plans
to conduct with the Veterans Health Administration (VHA), an Administration of the Department of Veterans Affairs (VA).

**DATES :**  Effective Dates: Comments are invited on all portions of this notice. Public comments are due 30 days after publication. The matching program will become effective no sooner than 40 days after the report of the matching program is sent to the Office of Management and Budget (OMB) and Congress, or 30 days after publication in the Federal Register , whichever is later.

**ADDRESSES :**  The public should send comments to: CMS Privacy Officer, Division of Privacy Policy, Privacy Policy and Compliance Group, Office of E-Health Standards & Services, Offices of Enterprise Management, CMS, Room S2–24–25, 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 9:00 a.m.–3:00 p.m., Eastern Time zone.

**FOR FURTHER INFORMATION CONTACT :**  Aaron Wesolowski, Director, Verifications Policy & Operations Branch, Division of Eligibility and Enrollment Policy and Operations,
Center for Consumer Information and Insurance Oversight, CMS, 7501 Wisconsin Avenue, Bethesda, MD 20814, Office Phone: (301) 492–4416, Facsimile: (443) 380–5531, EMail: Aaron.Wesolowski@cms.hhs.gov.

**SUPPLEMENTARY INFORMATION :**  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.

This matching program meets the requirements of the Privacy Act of 1974,
as amended.

Dated: August 9, 2013. Michelle Snyder, Chief Operating Officer, Centers for Medicare
& Medicaid Services.

**CMS Computer Match No. 2013–06 HHS Computer Match No. 1308** 

**NAME :** 

‘‘Computer Matching Agreement between the Department of Health and Human Services, Centers for Medicare & Medicaid Services, and the Department of Veterans Affairs, Veterans Health Administration, for the Determination of Eligibility for the Advance Premium Tax Credit and Cost Sharing Reductions
under the Affordable Care Act’’

**SECURITY CLASSIFICATION :** 

Unclassified

**PARTICIPATING AGENCIES :** 

Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS), and Department of Veterans Affairs (VA), Veterans Health Administration (VHA).

**AUTHORITY FOR CONDUCTING MATCHING**

**PROGRAM :** 

Sections 1411 and 1413 of the Patient
Protection and Affordable Care Act of 2010 (Pub. L. 111–148), as amended by
the Health Care and Education Reconciliation Act of 2010 (Pub. L. 111– 152) (collectively, the ACA) require the Secretary of HHS to establish a program for applying for and determining eligibility for advance payments of the premium tax credit and cost sharing reductions and authorize use of secure,
electronic interfaces and an on-line system for the verification of eligibility.

**PURPOSE (**  **S )**  **OF THE MATCHING PROGRAM :** 

The purpose of the Computer Matching Agreement is to establish the terms, conditions, safeguards, and procedures under which VHA will provide records, information, or data to CMS for making eligibility determinations for advance payments of the premium tax credit (APTC) and cost sharing reductions (CSR). The data will be used by CMS in its capacity as a Federally-facilitated Exchange, and by State-based Exchanges that will receive the results of verifications using VHA data obtained through the CMS Data
Services Hub.

Data will be matched for the purpose of assisting CMS or a State-based Exchange to determine eligibility for the following benefits: (1) APTC under 26 U.S.C. § 36B and (2) CSR under Section 1402 of the ACA. Specifically, CMS will use VHA data to verify an Applicant or Enrollee’s eligibility for VHA health care programs that constitute minimum essential coverage as defined in section 5000A(f) of the Internal Revenue Code of 1986, 26 U.S.C. § 5000A, as amended by § 1501 of the ACA.

**DESCRIPTION OF RECORDS TO BE USED IN THE**

**MATCHING PROGRAM :** 

The matching program will be conducted with data maintained by CMS in the Health Insurance Exchanges (HIX) Program, CMS System No. 09–70– 0560, as amended. The system is described in System of Records Notices (SORNs) published at 78 Federal Register (Fed. Reg.) 8538 (Feb. 6, 2013) and 78 Fed. Reg. 32256 (May 29, 2013).

The matching program will also be
conducted with data maintained in two VHA systems of records. The VHA systems are described in the following

SORNs:

• 147VA16 Enrollment and Eligibility Records (VA) published at 74 Fed. Reg. 44901 (August 31, 2009);

• 54VA16 Health Administration
Center Civilian Health Medical Record—VA (CHAMPVA), and Spina Bifida Healthcare Program published at 74 Fed. Reg. 34398 (July 15, 2009).

**INCLUSIVE DATES OF THE MATCH :** 

The CMP will 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

, 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. 2013–19719 Filed 8–13–13; 8:45 am]

**BILLING CODE 4120–03–P**