Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 68621 

comments will become a matter of 

public record. 

Dated: September 29, 2023. 

Marquita Cullom, 

Associate Director. 

[FR Doc. 2023–22089 Filed 10–3–23; 8:45 am] 

BILLING CODE 4160–90–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[Document Identifier: CMS–10692] 

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 

December 4, 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:__, 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–10692 Home and Community 

Based Services (HCBS) Incident 

Management Survey 

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: Revision of a currently 

approved collection; Title of 

Information Collection: Home and 

Community Based Services (HCBS) 

Incident Management Survey; Use: This 

collection of information request sets 

out a follow up survey that states will 

be requested to complete in order to 

identify current methods and new 

promising practices for identifying, 

reporting, tracking, and resolving 

incidents of abuse, neglect, and 

exploitation. The results of the survey 

will also be used to review the strengths 

and weaknesses of each state’s current 

incident management system, progress 

toward enhancements and 

improvements to these systems, and 

will inform guidance to help ensure 

states comply with sections 

1902(a)(30)(A) and 1915(c)(2)(A) of the 

Social Security Act. Form Number: 

CMS–10692 (OMB control number: 

0938–1362); Frequency: Once and on 

occasion; Affected Public: State, Local, 

or Tribal Governments; Number of 

Respondents: 47; Total Annual 

Responses: 105; Total Annual Hours: 

158. (For policy questions regarding this 

collection contact Ryan Shannahan at 

410–786–0295.) 

Dated: September 29, 2023. 

William N. Parham, III 

Director, Paperwork Reduction Staff, Office 

of Strategic Operations and Regulatory 

Affairs. 

[FR Doc. 2023–22044 Filed 10–3–23; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & 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 

State-Based Administering Entities 

(AEs), titled ‘‘Determining Eligibility for 

Enrollment in Applicable State Health 

Subsidy Programs Under the Patient 

Protection and Affordable Care Act.’’ 

DATES: The deadline for comments on 

this notice is November 3, 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 14, 2023, to May 13, 2025) 

and, within three months of expiration, 

may be renewed for up to one additional 


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68622 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 

year if the parties make no changes 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: Robert Yates 

(301) 492–5151, Deputy Director, 

Division of State and Grant Operations, 

State Marketplace and Insurance 

Programs Group, Center for Consumer 

Information and Insurance Oversight, 

Centers for Medicare & Medicaid 

Services, 7500 Security Blvd., 

Baltimore, MD 21224, or by email to 

Robert.Yates@cms.hhs.gov, or Jenny 

Chen (301) 492–5156, Director, Division 

of State Technical Assistance, State 

Marketplace and Insurance Programs 

Group, Center for Consumer Information 

and Insurance Oversight, Centers for 

Medicare & Medicaid Services, 7501 

Wisconsin Ave., Bethesda, MD 20814, 

or by email to Jenny.Chen@cms.hhs.gov. 

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 under 

federal benefit programs. 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 Office of Management 

and Budget (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), and the AE(s). 

Currently, each of the 50 States, the 

District of Columbia, and Puerto Rico 

has one or more AE(s) participating in 

this matching program. Other U.S. 

territories may eventually participate. 

Each party (CMS and each participating 

AE) is a source agency, and each AE is 

a recipient agency, in this matching 

program, as explained in the Purpose(s) 

section below. 

AEs administer insurance 

affordability programs, and include 

Medicaid/Children’s Health Insurance 

Program (CHIP) agencies, State-based 

exchanges (SBEs), and basic health 

programs (BHPs). In States that operate 

a SBE, the AE would include the 

Medicaid/CHIP agency. Additionally, 

there are two States—Minnesota and 

New York—where the AE operates as 

both a SBE and BHP. In States that have 

elected to utilize the federally-facilitated 

exchange (FFE), the AE would include 

only the Medicaid/CHIP agency. 

AUTHORITY FOR CONDUCTING THE MATCHING

PROGRAM: 

The statutory authority for conducting 

the matching program is 42 U.S.C. 

18001, et seq. 

PURPOSE(S): 

The matching program will enable 

CMS to provide information (including 

information CMS receives from other 

Federal agencies under related matching 

agreements) to AEs, to assist AEs in 

verifying applicant information as 

required by the Patient Protection and 

Affordable Care Act of 2010 (PPACA) to 

determine applicants’ eligibility for 

enrollment in applicable State health 

subsidy programs, including exemption 

from the requirement to maintain 

minimum essential coverage (MEC) or 

from the individual responsibility 

payment. In addition, to avoid dual 

enrollment, information will be shared 

between CMS and AEs, and among AEs, 

for the purpose of verifying whether 

applicants and enrollees are currently 

eligible for or enrolled in a Medicaid/ 

CHIP program. All information will be 

shared through a data services hub 

(Hub) established by CMS to support the 

federally-facilitated health insurance 

exchange (which CMS operates) and 

State-based exchanges. 

CATEGORIES OF INDIVIDUALS: 

The individuals whose information 

will be used in the matching program 

are consumers who apply for eligibility 

to enroll in applicable State health 

subsidy programs through an exchange 

established under ACA and other 

relevant individuals (such as, 

applicants’ household members). 

CATEGORIES OF RECORDS: 

The categories of records that will be 

used in the matching program are 

identifying records; minimum essential 

coverage period records; return 

information (household income and 

family size information); citizenship 

status records; birth and death 

information; disability coverage and 

income information; and imprisonment 

status records. 

The data elements CMS will receive 

from AEs may include: Social Security 

Number (if applicable), Last Name, First 

Name, and Date of Birth. 

The data elements the AEs will 

receive from CMS may include: 

Validation of SSN; Verification of 

citizenship or immigration status; 

Incarceration status; Eligibility and/or 

enrollment in certain types of MEC; 

Income, based on Federal Tax 

Information (FTI), Title II benefits, and 

current income sources; Quarters of 

Coverage; and Death Indicator. 

SYSTEM(S) OF RECORDS: 

The records that CMS will disclose to 

AEs will be disclosed from the 

following system of records, as 

authorized by routine use 3 published 

in the System of Records Notice (SORN) 

cited below: 

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). 

[FR Doc. 2023–22003 Filed 10–3–23; 8:45 am] 

BILLING CODE 4120–03–P 


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