[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Notices]
[Pages 75636-75637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24263]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2023-2011]


Privacy Act of 1974; Matching Program

AGENCY: Social Security Administration (SSA).

ACTION: Notice of a new matching program.

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SUMMARY: In accordance with the provisions of the Privacy Act, as 
amended, this notice announces a new matching program with the Centers 
for Medicare & Medicaid Services (CMS). Under this matching program, 
the CMS will disclose to SSA certain individuals' admission and 
discharge information for care received in a nursing care facility 
covered by the agreement. SSA will use this information to administer 
the Supplemental Security Income (SSI) program efficiently and to 
identify Special Veterans' Benefits (SVB) beneficiaries who are no 
longer residing outside of the United States.

DATES: The deadline to submit comments on the proposed matching program 
is December 4, 2023.
    The matching program will be applicable on December 20, 2023, or 
once a minimum of 30 days after publication of this notice has elapsed, 
whichever is later. The matching program will be in effect for a period 
of 18 months.

ADDRESSES: You may submit comments by any one of three methods--
internet, fax, or mail. Do not submit the same comments multiple times 
or by more than one method. Regardless of which method you choose, 
please state that your comments refer to Docket No. SSA-2023-2011 so 
that we may associate your comments with the correct regulation.
    Caution: You should be careful to include in your comments only 
information that you wish to make publicly available. We strongly urge 
you not to include in your comments any personal information, such as 
Social Security numbers or medical information.
    1. Internet: We strongly recommend that you submit your comments 
via the internet. Please visit the Federal eRulemaking portal at 
https://www.regulations.gov. Use the Search function to find docket 
number SSA-2023-2011 and then submit your comments. The system will 
issue you a tracking number to confirm your submission. You will not be 
able to view your comment immediately because we must post each 
submission manually. It may take up to a week for your comments to be 
viewable.
    2. Fax: Fax comments to 1(833) 410-1631.
    3. Mail: Matthew Ramsey, Executive Director, Office of Privacy and 
Disclosure, Office of the General Counsel, Social Security 
Administration, G-401 WHR, 6401 Security Boulevard, Baltimore, MD 
21235-6401, or emailing <a href="/cdn-cgi/l/email-protection#f7ba9683839f9280d9a5969a84928eb7848496d9909881"><span class="__cf_email__" data-cfemail="34795540405c51431a66555947514d744747551a535b42">[email protected]</span></a>. Comments are also 
available for public viewing on the Federal eRulemaking portal at 
https://www.regulations.gov or in person, during regular business 
hours, by arranging with the contact person identified below.

FOR FURTHER INFORMATION CONTACT: Interested parties may submit general 
questions about the matching program to Cynthia Scott, Division 
Director, Office of Privacy and Disclosure, Office of the General 
Counsel, Social Security Administration, G-401 WHR, 6401 Security 
Boulevard, Baltimore, MD 21235-6401, at telephone: (410) 966-1943, or 
send an email to <a href="/cdn-cgi/l/email-protection#a5e6dccbd1cdccc48bf6c6cad1d1e5d6d6c48bc2cad3"><span class="__cf_email__" data-cfemail="793a00170d111018572a1a160d0d390a0a18571e160f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: None.

Matthew Ramsey,
Executive Director, Office of Privacy and Disclosure, Office of the 
General Counsel.

PARTICIPATING AGENCIES:
    SSA and CMS.

AUTHORITY FOR CONDUCTING THE MATCHING PROGRAM:
    This matching agreement between CMS and SSA is executed pursuant to 
the Privacy Act of 1974, 5 U.S.C. 552a, as amended by the Computer 
Matching and Privacy Protection Act of 1988, Public Law 100-503, and 
the regulations promulgated thereunder.
    Legal authority for the SSI portion of the matching program is 
contained in sections 1611(e)(1) and 1631(f) of the Social Security Act 
(Act) (42 U.S.C. 1382(e)(1) and 1383(f)), and 20 Code of Federal 
Regulations (CFR) 416.211. Section 1611(e)(1)(B) of the Act (42 U.S.C. 
1382(e)(1)(B)) limits the amount of SSI benefits that eligible 
individuals or their eligible spouse may receive when that individual 
is, throughout any month, in a medical treatment facility receiving 
payments (with respect to such individual or spouse), under a State 
plan approved under title XIX of the Act, or the amount of benefits an 
eligible child under the age of 18 may receive who is receiving 
payments under any health insurance policy issued by a private 
provider.
    Sections 801 and 806(a) and (b) of the Act (42 U.S.C. 1001 and 
1006(a) and (b)) contain the legal authorities for the SVB portion of 
the matching program.

[[Page 75637]]

    Section 1631(f) of the Act (42 U.S.C. 1383(f)) requires CMS to 
provide SSA with ``such information as the Commissioner of [SSA] needs 
for purposes of determining eligibility for or amount of benefits, or 
verifying other information with respect thereto.''
    Additional legal authority for CMS' disclosures under this 
agreement is 45 CFR 164.512(a) (``Standard: Uses and disclosures 
required by law,'' also referred to as the Health Insurance Portability 
and Accountability Act of 1996 Privacy Rule). The legal authority for 
SSA to reimburse CMS under this interagency transaction is the Economy 
Act, 31 U.S.C. 1535.

PURPOSE(S):
    This matching program establishes the conditions under which CMS 
will disclose to SSA certain individuals' admission and discharge 
information for care received in a nursing care facility covered by the 
agreement. SSA will use this information to administer the SSI program 
efficiently and to identify SVB beneficiaries who are no longer 
residing outside of the United States.

CATEGORIES OF INDIVIDUALS:
    The individuals whose information is involved in this matching 
program are receipients of SSI and SVB benefits.

CATEGORIES OF RECORDS:
    SSA will provide CMS with a monthly finder file, which will be 
extracted from SSA's SSI and SVB's records. The finder file will 
consist of data elements related to an individual's SSI/SVB 
eligibility. CMS will match the SSA finder file against data maintained 
pursuant to the Long Term Care-Minimum Data Set (LTC/MDS) systems of 
records.

SYSTEM(S) OF RECORDS:
    SSA will provide CMS with a monthly finder file, which will be 
extracted from SSA's SSI and SVB's records, 60-0103, last fully 
published on January 11, 2006 (71 FR 1830); and amended on December 10, 
2007 (72 FR 69723), July 3, 2018 (83 FR 31250-31251), and November 1, 
2018 (83 FR 54969).
    CMS will match the SSA finder file against data maintained pursuant 
to the LTC/MDS (System Number 09-70-0528) SOR, last fully published on 
March 19, 2007 (72 FR 12801), and amended on April 23, 2013 (78 FR 
23938), May 29, 2013 (78 FR 32257), and February 14, 2018 (83 FR 6591); 
and submit its response file to SSA.

[FR Doc. 2023-24263 Filed 11-2-23; 8:45 am]
BILLING CODE 4191-02-P


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