Federal Register / Vol. 72, No. 35 / Thursday, February 22, 2007 / Notices 7993 

FEDERAL RESERVE SYSTEM 

Notice of Proposals to Engage in 

Permissible Nonbanking Activities or 

to Acquire Companies that are 

Engaged in Permissible Nonbanking 

Activities 

The companies listed in this notice 

have given notice under section 4 of the 

Bank Holding Company Act (12 U.S.C. 

1843) (BHC Act) and Regulation Y (12 

CFR Part 225) to engage de novo, or to 

acquire or control voting securities or 

assets of a company, including the 

companies listed below, that engages 

either directly or through a subsidiary or 

other company, in a nonbanking activity 

that is listed in § 225.28 of Regulation Y 

(12 CFR 225.28) or that the Board has 

determined by Order to be closely 

related to banking and permissible for 

bank holding companies. Unless 

otherwise noted, these activities will be 

conducted throughout the United States. 

Each notice is available for inspection 

at the Federal Reserve Bank indicated. 

The notice also will be available for 

inspection at the offices of the Board of 

Governors. Interested persons may 

express their views in writing on the 

question whether the proposal complies 

with the standards of section 4 of the 

BHC Act. Additional information on all 

bank holding companies may be 

obtained from the National Information 

Center website at www.ffiec.gov/nic/. 

Unless otherwise noted, comments 

regarding the applications must be 

received at the Reserve Bank indicated 

or the offices of the Board of Governors 

not later than March 8, 2007. 

A. Federal Reserve Bank of San 

Francisco (Tracy Basinger, Director, 

Regional and Community Bank Group) 

101 Market Street, San Francisco, 

California 94105–1579: 

1. NHB Holdings, Inc., and Proficio 

Mortgage Ventures LLC, both of 

Jacksonville, Florida; to engage de novo 

through a joint venture with American 

International Relocation Solutions, in 

conducting mortgage banking activities 

through Iris Mortgage Solutions, 

Pittsburgh, Pennsylvania, pursuant to 

section 225.28(b)(1) of Regulation Y. 

Board of Governors of the Federal Reserve 

System, February 16, 2007. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E7–2971 Filed 2–21–07; 8:45 am] 

BILLING CODE 6210–01–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

Privacy Act of 1974; Report of a 

Modified or Altered System of Records 

AGENCY: Department of Health and 

Human Services (HHS), Centers for 

Medicare & Medicaid Services (CMS). 

ACTION: Notice of a Modified or Altered 

System of Records. 

SUMMARY: The Privacy Act of 1974 and 

section 1106 of the Social Security Act 

(the Act) explain when and how CMS 

may release the personal data of people 

with Medicare. The Medicare 

Prescription Drug, Improvement, and 

Modernization Act of 2003 (MMA) 

(Public Law 108–173) added 

requirements for releasing and using 

personal data. 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 a Medicare Part D 

plan. The system will help CMS 

determine appropriate payment of 

covered drugs. It will also provide for 

processing, storing, and maintaining 

drug transaction data in a large-scale 

database, while putting data into data 

marts to support payment analysis. CMS 

would allow the release of information 

in this system to: (1) Support regulatory, 

analysis, oversight, reimbursement, and 

policy functions performed within the 

agency or by a contractor, consultant, or 

a CMS grantee; (2) help another Federal 

and/or state agency, agency of a state 

government, an agency established by 

state law, or its fiscal agent; (3) help 

Medicare Part D plans; (4) support an 

individual or organization for a 

research, an evaluation, or an 

epidemiological or other project related 

to protecting the public’s health, the 

prevention of disease or disability, the 

restoration or maintenance of health, or 

for payment related purposes; (5) help 

Quality Improvement Organizations; (6) 

support lawsuits involving the agency; 

and (7) combat fraud, waste, and abuse 

in certain health benefits programs. 

To meet these additional 

requirements, CMS proposes to modify 

the existing system of records (SOR) 

titled ‘‘Medicare Drug Data Processing 

System (DDPS),’’ System No. 09–70–

0553, established at 70 Federal Register 

(FR) 58436 (October 6, 2005). Under this 

modification we are clarifying the 

statutory authorities for which these 

data are collected and disclosed. The 

original SOR notice cited the statutory 

section governing CMS’s payment of 

Part D plan sponsors (Social Security 

Act (the Act) § 1860D–15) that limits the 

uses of the data collected to plan 

payment and oversight of plan payment. 

However, the broad authority of 

§ 1860D–12(b)(3)(D) authorizes CMS to 

collect, use and disclose these same 

claims data for broader purposes related 

to CMS’s responsibilities for program 

administration and research. 

Furthermore the authority under § 1106 

of the Act allows the Secretary to release 

data pursuant to a regulation, which in 

this case would be 42 CFR 423.322 and 

423.505. CMS has published a Notice of 

Proposed Rulemaking (NPRM) in order 

to clarify our statutory authority and 

explain how we propose to implement 

the broad authority of § 1860D–

12(b)(3)(D). This SOR is being revised to 

reflect our intended use of this broader 

statutory authority. 

CMS proposes to make the following 

modifications to the DDPS system: 

• Revise routine use number 1 to 

include CMS grantees that perform a 

task for the agency. 

• Add a new routine use number 2 to 

allow the release of information to other 

Federal and state agencies for accurate 

payment of Medicare benefits; to 

administer a Federal health benefits 

program, or to fulfill a requirement or 

allowance of a Federal statute or 

regulation that implements a health 

benefits program funded in whole or in 

part with Federal funds; and help 

Federal/state Medicaid programs that 

may need information from this system. 

• Broaden the scope of routine use 

number 4 to allow the release of data to 

an individual or organization for a 

research, evaluation, or epidemiological 

or other project related to protecting the 

public’s health, the prevention of 

disease or disability, the restoration or 

maintenance of health, or paymentrelated projects. 

• Delete routine use number 5 which 

authorizes disclosure to support 

constituent requests made to a 

congressional representative. 

• Broaden the scope of routine use 

number 7 and 8, to include combating 

‘‘waste,’’ fraud, and abuse that results in 

unnecessary cost to all Federally-funded 

health benefit programs. 

• Revise language regarding routine 

uses disclosures to explain the purpose 

of the routine use and make clear CMS’s 

intention to release personal 

information contained in this system. 

• Reorder and prioritize the routine 

uses. 

• Update any sections of the system 

affected by the reorganization or 

revision of routine uses because of 

MMA provisions. 


rwilkins on PROD1PC63 with NOTICES