62376 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices 

HISTORY: 

N/A. 

Richard Speidel, 

Chief Privacy Officer, Office of the Deputy 

Chief Information Officer, General Services 

Administration. 

[FR Doc. 2023–19454 Filed 9–8–23; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare and Medicaid 

Services 

Privacy Act of 1974; Matching Program 

AGENCY: Centers for Medicare & 

Medicaid Services, Department of 

Health and Human Services. 

ACTION: Notice of a new matching 

program. 

SUMMARY: In accordance with the 

Privacy Act of 1974, as amended, the 

Department of Health and Human 

Services (HHS), Centers for Medicare & 

Medicaid Services (CMS) is providing 

notice of the re-establishment of a 

matching program between CMS and 

the Department of Veterans Affairs (VA), 

Veterans Health Administration (VHA), 

‘‘Verification of Eligibility for Minimum 

Essential Coverage Under the Patient 

Protection and Affordable Care Act 

Through a Veterans Health 

Administration Plan.’’ 

DATES: The deadline for comments on 

this notice is October 11, 2023. The reestablished matching program will 

commence not sooner than 30 days after 

publication of this notice, provided no 

comments are received that warrant a 

change to this notice. The matching 

program will be conducted for an initial 

term of 18 months (from approximately 

November 2, 2023 to May 1, 2025) and 

within 3 months of expiration may be 

renewed for one additional year if the 

parties make no change to the matching 

program and certify that the program 

has been conducted in compliance with 

the matching agreement. 

ADDRESSES: Interested parties may 

submit written comments on the new 

matching program to the CMS Privacy 

Act Officer by mail at: Division of 

Security, Privacy Policy & Governance, 

Information Security & Privacy Group, 

Office of Information Technology, 

Centers for Medicare & Medicaid 

Services, Location: N1–14–56, 7500 

Security Blvd., Baltimore, MD 21244– 

1850, or by email at 

Barbara.Demopulos@cms.hhs.gov. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about the matching 

program, you may contact Anne Pesto, 

Senior Advisor, Marketplace Eligibility 

and Enrollment Group, Center for 

Consumer Information and Insurance 

Oversight, Centers for Medicare & 

Medicaid Services, at 443–844–9966, by 

email at anne.pesto@cms.hhs.gov, or by 

mail at 7500 Security Blvd., Baltimore, 

MD 21244. 

SUPPLEMENTARY INFORMATION: The 

Privacy Act of 1974, as amended (5 

U.S.C. 552a) provides certain 

protections for individuals applying for 

and receiving federal benefits. The law 

governs the use of computer matching 

by federal agencies when records in a 

system of records (meaning, federal 

agency records about individuals 

retrieved by name or other personal 

identifier) are matched with records of 

other federal or non-federal agencies. 

The Privacy Act requires agencies 

involved in a matching program to: 

1. Enter into a written agreement, 

which must be prepared in accordance 

with the Privacy Act, approved by the 

Data Integrity Board of each source and 

recipient federal agency, provided to 

Congress and the Office of Management 

and Budget (OMB), and made available 

to the public, as required by 5 U.S.C. 

552a(o), (u)(3)(A), and (u)(4). 

2. Notify the individuals whose 

information will be used in the 

matching program that the information 

they provide is subject to verification 

through matching, as required by 5 

U.S.C. 552a(o)(1)(D). 

3. Verify match findings before 

suspending, terminating, reducing, or 

making a final denial of an individual’s 

benefits or payments or taking other 

adverse action against the individual, as 

required by 5 U.S.C. 552a(p). 

4. Report the matching program to 

Congress and the OMB, in advance and 

annually, as required by 5 U.S.C. 

552a(o)(2)(A)(i), (r), and (u)(3)(D). 

5. Publish advance notice of the 

matching program in the Federal 

Register as required by 5 U.S.C. 

552a(e)(12). 

This matching program meets these 

requirements. 

Barbara Demopulos, 

Privacy Act Officer, Division of Security, 

Privacy Policy and Governance, Office of 

Information Technology, Centers for Medicare 

& Medicaid Services. 

Participating Agencies 

The Department of Health and Human 

Services (HHS), Centers for Medicare & 

Medicaid Services (CMS) is the 

recipient agency, and the Department of 

Veterans Affairs (VA), Veterans Health 

Administration (VHA) is the source 

agency. 

Authority for Conducting the Matching 

Program 

The statutory authority for the 

matching program is 42 U.S.C. 18001 et 

seq. 

Purpose(s) 

The purpose of the matching program 

is to assist CMS in determining 

individuals’ eligibility for financial 

assistance in paying for private health 

insurance coverage. In this matching 

program, VHA provides CMS with data 

when a state administering entity (AE) 

requests it and VHA is authorized to 

release it, verifying whether an 

individual who is applying for or is 

enrolled in private health insurance 

coverage under a qualified health plan 

through a federally-facilitated health 

insurance exchange or state-based 

exchange is eligible for coverage under 

a VHA health plan. CMS makes the data 

provided by VHA available to the 

requesting AE through a data services 

hub to use in determining the 

applicant’s or enrollee’s eligibility for 

financial assistance (including an 

advance tax credit and cost-sharing 

reduction, which are types of insurance 

affordability programs) in paying for 

private health insurance coverage. VHA 

health plans provide minimum essential 

coverage, and eligibility for such plans 

precludes eligibility for financial 

assistance in paying for private 

coverage. The data provided by VHA 

under this matching program will be 

used by CMS and AEs to authenticate 

each enrollee’s identity, determine the 

enrollee’s eligibility for financial 

assistance, and determine the amount of 

the financial assistance. 

Categories of Individuals 

The categories of individuals whose 

information will be used in the 

matching program are Veterans whose 

records at VHA match identifying data 

provided to VHA by CMS (submitted by 

AEs) about individuals who are 

applying for or are enrolled in private 

insurance coverage under a qualified 

health plan through a federallyfacilitated health insurance exchange or 

state-based exchange. 

Categories of Records 

The categories of records used in the 

matching program are identity records 

and minimum essential coverage period 

records, consisting of the following data 

elements: 

Data provided by CMS to VHA: 

a. first name (required) 

b. middle name/initial (if provided by 

applicant) 

c. surname (applicant’s last name) 

(required) 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices 62377 

d. date of birth (required) 

e. gender (required) 

f. social security number (SSN) 

(required) 

g. requested qualified health plan (QHP) 

coverage effective date (required) 

h. requested QHP coverage end date 

(required) 

i. State identification (required) 

j. transaction ID (required) 

Data provided by VHA to CMS: 

a. SSN (required) 

b. start/end date(s) of enrollment 

period(s) (when match occurs) 

c. a blank date response when a nonmatch occurs 

d. a blank date when a match is made 

but VHA’s record contains a date of 

death 

e. enrollment period(s) is/are defined as 

the timeframe during which the 

individual was enrolled in a VHA 

Health Care Program. 

System(s) of Records 

The records used in the matching 

program will be disclosed from the 

following systems of records, as 

authorized by routine uses published in 

the system of records notices (SORNs) 

cited below: 

A. System of Records Maintained by 

CMS 

CMS Health Insurance Exchanges 

System (HIX), CMS System No. 09–70– 

0560, last published in full at 78 FR 

63211 (Oct. 23, 2013), as amended at 83 

FR 6591 (Feb. 14, 2018). Routine use 3 

authorizes CMS’ disclosures to VHA. 

B. Systems of Records Maintained by 

VHA 

54VA10NB3 Veterans and 

Beneficiaries Purchased Care 

Community Health Care Claims, 

Correspondence, Eligibility, Inquiry and 

Payment Files—VA, published at 80 FR 

11527 (March 3, 2015). Routine use 25 

authorizes VHA’s disclosures to CMS. 

[FR Doc. 2023–19481 Filed 9–8–23; 8:45 am] 

BILLING CODE 4120–03–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[Document Identifiers: CMS–R–21 and 

CMS–8003] 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request 

AGENCY: Centers for Medicare & 

Medicaid Services, Health and Human 

Services (HHS). 

ACTION: Notice. 

SUMMARY: The Centers for Medicare & 

Medicaid Services (CMS) is announcing 

an opportunity for the public to 

comment on CMS’ intention to collect 

information from the public. Under the 

Paperwork Reduction Act of 1995 (the 

PRA), Federal agencies are required to 

publish notice in the Federal Register 

concerning each proposed collection of 

information (including each proposed 

extension or reinstatement of an existing 

collection of information) and to allow 

60 days for public comment on the 

proposed action. Interested persons are 

invited to send comments regarding our 

burden estimates or any other aspect of 

this collection of information, including 

the necessity and utility of the proposed 

information collection for the proper 

performance of the agency’s functions, 

the accuracy of the estimated burden, 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected, and the use of automated 

collection techniques or other forms of 

information technology to minimize the 

information collection burden. 

DATES: Comments must be received by 

November 13, 2023. 

ADDRESSES: When commenting, please 

reference the document identifier or 

OMB control number. To be assured 

consideration, comments and 

recommendations must be submitted in 

any one of the following ways: 

1. Electronically. You may send your 

comments electronically to http://

www.regulations.gov. Follow the 

instructions for ‘‘Comment or 

Submission’’ or ‘‘More Search Options’’ 

to find the information collection 

document(s) that are accepting 

comments. 

2. By regular mail. You may mail 

written comments to the following 

address: CMS, Office of Strategic 

Operations and Regulatory Affairs, 

Division of Regulations Development, 

Attention: Document Identifier/OMB 

Control Number: ll, Room C4–26–05, 

7500 Security Boulevard, Baltimore, 

Maryland 21244–1850. 

To obtain copies of a supporting 

statement and any related forms for the 

proposed collection(s) summarized in 

this notice, please access the CMS PRA 

website by copying and pasting the 

following web address into your web 

browser: https://www.cms.gov/ 

Regulations-and-Guidance/Legislation/ 

PaperworkReductionActof1995/PRAListing. 

FOR FURTHER INFORMATION CONTACT: 

William N. Parham at (410) 786–4669. 

SUPPLEMENTARY INFORMATION: 

Contents 

This notice sets out a summary of the 

use and burden associated with the 

following information collections. More 

detailed information can be found in 

each collection’s supporting statement 

and associated materials (see 

ADDRESSES). 

CMS–R–21 Withholding Medicare 

Payments to Recover Medicaid 

Overpayments and Supporting 

Regulations in 42 CFR 447.31 

CMS–8003 1915(c) Home and 

Community Based Services (HCBS) 

Waiver Application 

Under the PRA (44 U.S.C. 3501– 

3520), Federal agencies must obtain 

approval from the Office of Management 

and Budget (OMB) for each collection of 

information they conduct or sponsor. 

The term ‘‘collection of information’’ is 

defined in 44 U.S.C. 3502(3) and 5 CFR 

1320.3(c) and includes agency requests 

or requirements that members of the 

public submit reports, keep records, or 

provide information to a third party. 

Section 3506(c)(2)(A) of the PRA 

requires Federal agencies to publish a 

60-day notice in the Federal Register 

concerning each proposed collection of 

information, including each proposed 

extension or reinstatement of an existing 

collection of information, before 

submitting the collection to OMB for 

approval. To comply with this 

requirement, CMS is publishing this 

notice. 

Information Collection 

1. Type of Information Collection 

Request: Extension of a currently 

approved collection; Title of 

Information Collection: Withholding 

Medicare Payments to Recover 

Medicaid Overpayments and 

Supporting Regulations in 42 CFR 

447.31; Use: Certain Medicaid providers 

that are subject to offsets for the 

collection of Medicaid overpayments 

may terminate or substantially reduce 

their participation in Medicaid, leaving 

the State Medicaid agency unable to 

recover the amounts due. Recovery 

procedures allow for determining the 

amount of overpayments and offsetting 

the overpayments by withholding the 

provider’s Medicare payments. To 

effectuate the withholding, the State 

agency must provide their respective 

CMS regional office with certain 

documentation that identifies the 

provider and the Medicaid overpayment 

amount. The agency must also 

demonstrate that the provider was 

notified of the overpayment and that 

demand for the overpayment was made. 

An opportunity to appeal the 

overpayment determination must be 


ddrumheller on DSK120RN23PROD with NOTICES1