65196 Federal Register / Vol. 76, No. 203 / Thursday, October 20, 2011 / Notices 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

Statement of Organization, Functions, 

and Delegations of Authority; Office of 

the National Coordinator for Health 

Information Technology 

ACTION: Notice. 

SUMMARY: The Office of the National 

Coordinator for Health Information 

Technology has reorganized its office in 

order to more effectively meet the 

mission outlined by The Health 

Information Technology for Economic 

and Clinical Health (HITECH) Act, part 

of the American Recovery and 

Reinvestment Act of 2009 (ARRA). The 

reorganization adds the position of 

Principal Deputy. 

FOR FURTHER INFORMATION CONTACT: Sam 

Shellenberger, Office of the National 

Coordinator, Office of the Secretary, 200 

Independence Ave., SW., Washington, 

DC 20201, 202–690–7151. 

SUPPLEMENTARY INFORMATION: Part A, 

Office of the Secretary, Statement of 

Organization, Functions and 

Delegations of Authority for the 

Department of Health and Human 

Services, Chapter AR, Office of the 

National Coordinator for Health 

Information Technology (ONC), as 

amended at 74 FR 62785–62786, dated 

December 1, 2009, as corrected at 75 FR 

49494, dated August 13, 2010, and as 

last amended at 76 FR 6795, dated 

February 8, 2011 is amended as follows: 

I. Under Part A, Chapter AR, Office of 

the National Coordinator for Health 

Information Technology, Section AR.10 

Organization, insert Office of the 

Principal Deputy as item B as follows 

and renumber items B through F 

accordingly: 

B. Office of the Principal Deputy 

(ARA1): The Office of the Principal 

Deputy works with and reports directly 

to the National Coordinator and will be 

responsible for day-to-day operations, 

decision making and staff management 

of ONC. The Principal Deputy will 

oversee the activities of four offices 

within ONC: Office of the Deputy 

National Coordinator for Programs and 

Policy; Office of the Deputy National 

Coordinator for Operations; Office of 

Economic Analysis, Evaluation and 

Modeling; and, Office of the Chief 

Scientist. One of the current ONC 

offices, the Office of the Chief Privacy 

Officer, is a position mandated by the 

American Recovery and Reinvestment 

Act of 2009, and will continue to report 

to the National Coordinator. 

II. Under Part A, Chapter AR, Office 

of the National Coordinator for Health 

Information Technology, Section AR.10 

Organization, Paragraph C, ‘‘Office of 

Economic Analysis, Evaluation and 

Modeling (ARB),’’ delete the first 

sentence in its entirety and replace with 

the following: ‘‘The Office of Economic 

Analysis, Evaluation and Modeling is 

headed by a Director.’’ 

III. Delegation of Authority. Pending 

further delegation, directives or orders 

by the Secretary or by the National 

Coordinator for Health Information 

Technology, all delegations and 

redelegations of authority made to 

officials and employees of affected 

organizational components will 

continue in them or their successors 

pending further redelegations, provided 

they are consistent with this 

reorganization. 

Authority: 44 U.S.C. 3101. 

Dated: October 13, 2011. 

Kathleen Sebelius, 

Secretary. 

[FR Doc. 2011–27116 Filed 10–19–11; 8:45 am] 

BILLING CODE 4150–45–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

Privacy Act of 1974; Report of a New 

Routine Use for Selected CMS System 

of Records 

AGENCY: Department of Health and 

Human Services (HHS), Centers for 

Medicare & Medicaid Services (CMS). 

ACTION: Notice of a new routine use for 

selected CMS system of records. 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 

CMS is adding a new routine use to 

disclose information to Qualified 

Entities (QEs) for selected Centers for 

Medicare & Medicaid Services (CMS) 

systems of records. Section 10332 of the 

Patient Protection and Affordable Care 

Act (ACA) adds a new subsection to 

Section 1874 of the Social Security Act, 

requiring that the Secretary establish a 

process to allow for the use of 

standardized extracts of Medicare Parts 

A, B, and D claims data by QEs to 

evaluate and report on the performance 

of providers of services and suppliers on 

measures of quality, efficiency, 

effectiveness, and resource use. 

New Routine Use for Qualified Entities 

1. To assist a public or private entity 

that is qualified (as determined by the 

Secretary of the Department of Health 

and Human Services (the Secretary)) to 

use Medicare claims data to evaluate the 

performance of providers of services 

and suppliers on measures of quality, 

efficiency, effectiveness, and resource 

use; and who agrees to meet the 

requirements regarding the transparency 

of their methods and their use and 

protection of Medicare data as the 

Secretary may specify, if CMS: 

a. Determines that the use or 

disclosure does not violate legal 

limitations under which the record was 

provided, collected, or obtained; and 

b. Secures a written statement 

attesting to the information recipient’s 

understanding of and willingness to 

abide by these provisions. Every 

Qualified Entity receiving data must 

have an agreement with CMS in the 

form of an Information Exchange 

Agreement or contract with all security 

and privacy requirements included. A 

Data Use Agreement (DUA) (CMS Form 

0235) must be completed by the person 

receiving CMS data in accordance with 

current CMS policies. 

This routine use fulfills the 

requirement in section 1174(e) of the 

Social Security Act (42 U.S.C. 1395kk 

(e)) to make standardized extracts of 

claims data under Medicare Parts A, B, 

and D available to a Qualified Entity 

(QE), recognized by the Secretary to 

make evaluations of provider/supplier 

performance in accordance with that 

section, and that agrees to meet specific 

requirements regarding the transparency 

of their methods and their use and 

protection of Medicare data. The IDR, 

National Claims History (NCH), CCDR, 

and Part D data will provide QEs, a 

broader, longitudinal, national 

perspective of the performance of 

Medicare providers/suppliers for use in 

authorized QE projects that could 

ultimately improve the care provided to 

Medicare beneficiaries and the policy 

that governs the care. 

CMS Systems of Records To Be 

Modified by This Routine Use 

This new routine use, when 

published, will be added to the 

compatible systems of records used to 

disclose Medicare claims information 

and numbered as the next consecutive 

number in the order of published 

routine uses for the following systems of 

records notices: 

1. ‘‘National Claims History (NCH),’’ 

System No. 09–70–0558, last published 

at 71 FR 67137 (November 20, 2006). 

The primary purpose of this system is 

to collect and maintain billing and 

utilization data on Medicare 

beneficiaries enrolled in hospital 

insurance (Part A) or medical insurance 

(Part B) of the Medicare program for 


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Federal Register / Vol. 76, No. 203 / Thursday, October 20, 2011 / Notices 65197 

statistical and research purposes related 

to evaluating and studying the operation 

and effectiveness of the Medicare 

program. 

2. ‘‘Medicare Drug Data Processing 

System (DDPS),’’ System No. 09–70– 

0553, last published at 73 FR 30943 

(May 29, 2008). The primary purpose of 

this system is to collect, maintain, and 

process information on all Medicare 

covered, and as many non-covered drug 

events as possible, for people with 

Medicare who have enrolled into a 

Medicare Part D plan. 

3. ‘‘Medicare Integrated Data 

Repository (IDR),’’ System No. 09–70– 

0571, published at 71 FR 74915 

(December 13, 2006). The primary 

purpose of this system is to establish an 

enterprise resource that provides one 

integrated view of all CMS data to 

administer the Medicare and Medicaid 

programs. 

4. ‘‘Chronic Condition Data 

Repository (CCDR),’’ System No. 09–70– 

0573, published at 71 FR 54495 

(September 15, 2006). The purpose of 

this system is to collect and maintain a 

person-level view of identifiable data to 

establish a data repository to study 

chronically ill Medicare beneficiaries. 

This system utilizes data extraction 

tools to support accessing data by 

chronic conditions and processes 

complex customized research data 

requests related to chronic illnesses. 

DATES: The Centers for Medicare & 

Medicaid Services (CMS) invites 

interested parties to submit written 

comments on the proposed system until 

November 16, 2011. As required by the 

Privacy Act (5 U.S.C. 552a(r)), CMS on 

October 17, 2011 sent a report of a new 

system of records to the Committee on 

Homeland Security and Governmental 

Affairs of the Senate, the Committee on 

Oversight and Government Reform of 

the House of Representatives, and the 

Office of Information and Regulatory 

Affairs of the Office of Management and 

Budget (OMB). The proposed action 

described in this notice is effective on 

November 26, 2011, unless CMS 

receives comments which result in a 

republication of the notice. 

ADDRESSES: The public should address 

comments to: CMS Privacy Officer, 

Division of Information Security & 

Privacy Management, Enterprise 

Architecture and Strategy Group, Office 

of Information Services, CMS, Room 

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.–3 p.m., 

Eastern Time zone. 

FOR FURTHER INFORMATION CONTACT: 

Chris Haffer, Ph.D., Program Manager, 

Data Development and Services Group, 

Center for Strategic Planning, Centers 

for Medicare and Medicaid Services, 

7500 Security Boulevard, Mail-stop: 

C3–24–07, Baltimore, MD 21244–1850. 

Office: 410–786–8764, Facsimile: (410) 

786–5515, E-mail address: 

chris.haffer@cms.hhs.gov. 

SUPPLEMENTARY INFORMATION: The 

statute defines QEs as public or private 

entities that are determined by the 

Secretary to be qualified to use 

Medicare claims data to make such 

evaluations of provider/supplier 

performance, and that agree to meet 

specific requirements regarding the 

transparency of their methods and their 

use and protection of Medicare data. 

The statute requires that Medicare 

claims extracts be combined with other 

claims data, although the statute is not 

specific on what, or how much, other 

claims data should be combined with 

Medicare claims data. The statute 

requires that the only use of such data 

and the derived performance 

information about providers and 

suppliers be in reports in an aggregate 

form, released and made available to the 

public, after first making such reports 

available to any identified provider or 

supplier and affording an opportunity to 

appeal and correct errors. The statute 

also instructs the Secretary to take such 

actions as she deems necessary to 

protect the identity of individual 

beneficiaries, and authorizes her to 

establish additional requirements that 

she may specify for QEs to meet, such 

as ensuring the security of data. The 

Medicare claims extracts are to be made 

available to QEs at a fee equal to the cost 

of making such data available (the fees 

will be deposited into the Part B Trust 

Fund). 

Dated: October 12, 2011. 

Michelle Snyder, 

Deputy Chief Operating Officer, Centers for 

Medicare & Medicaid Services. 

[FR Doc. 2011–27149 Filed 10–19–11; 8:45 am] 

BILLING CODE 4120–03–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

Statement of Organization, Functions, 

and Delegations of Authority 

Part F of the Statement of 

Organization, Functions, and 

Delegations of Authority for the 

Department of Health and Human 

Services, Centers for Medicare & 

Medicaid Services (CMS), (Federal 

Register, Vol. 70, No. 249, pp. 77160– 

77161, dated December 29, 2005; Vol. 

75, No. 56, pp. 14176—14178, dated 

March 24, 2010; and Vol. 76, No. 144, 

pp. 44933–44934, dated July 27, 2011) 

are amended to: (1) Realign the survey 

and certification function from the 

Center for Medicaid, CHIP and Survey 

& Certification to the Office of Clinical 

Standards and Quality (OCSQ) and to 

change the organizational title for the 

Center for Medicaid, CHIP and Survey 

& Certification to the Center for 

Medicaid and CHIP Services (CMCS), 

and (2) realign the governmental 

relations function from the Office of 

Legislation (OL) to CMCS. Part F, 

Sections FC.10 (Organization) and FC.20 

(Functions) is revised as follows: 

• Section FC. 10 (Organization): 

Office of the Administrator (FC) 

Office of Equal Opportunity and Civil 

Rights (FCA) 

Office of Legislation (FCC) 

Office of the Actuary (FCE) 

Office of Strategic Operations and 

Regulatory Affairs (FCF) 

Office of Clinical Standards and Quality 

(FCG) 

Center for Medicare (FCH) 

Center for Medicaid and CHIP Services 

(FCJ) 

Center for Strategic Planning (FCK) 

Center for Program Integrity (FCL) 

Chief Operating Officer (FCM) 

Office of Minority Health (FCN) 

Center for Medicare and Medicaid 

Innovation (FCP) 

Federal Coordinated Health Care Office 

(FCQ) 

Center for Consumer Information and 

Insurance Oversight (FCR) 

Office of Public Engagement (FCS) 

Office of Communications (FCT) 

• Section FC.20 (Functions): 

Center for Medicaid and CHIP Services 

(FCJ) 

• Serves as CMS’ focal point for the 

formulation, coordination, integration, 

implementation, and evaluation of all 

national program policies and 

operations relating to the Medicaid and 

Children’s Health Insurance Program 

(CHIP). 

• In partnership with States, 

evaluates the success of State agencies 

in carrying out their responsibilities for 

effective State program administration 

and beneficiary protection, and, as 

necessary, assists States in correcting 

problems and improving the quality of 

their operations. 

• Identifies and proposes 

modifications to Medicaid and CHIP 

program measures, regulations, laws 

and policies to reflect changes or trends 


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