Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Notices 48169 

with respect to certain key steps in the 

process which is also posted on our 

Web site. The following steps and time 

frames are used for new NCDs and for 

reconsiderations of existing NCDs: 

• Upon acceptance of a complete 

formal request or upon the opening of 

a CMS initiated review, we publish on 

our Web site a tracking sheet that 

provides public notice of the opening of 

the NCD process. We generally allow a 

30-day public comment period on the 

NCD review topic announced via the 

tracking sheet. We use the initial public 

comments to inform a proposed 

decision. As stated above, at our 

discretion, we may announce a 

proposed decision concurrent with the 

notice of opening. 

• A proposed decision is posted no 

later than 6 months after the posting of 

the tracking sheet, unless a technology 

assessment (TA) from an outside entity 

is commissioned, a clinical trial is 

requested, or a meeting of the MEDCAC 

is convened. 

• In the event that a TA is 

commissioned from an outside entity or 

a MEDCAC meeting is held and a 

clinical trial is not requested, the 

proposed decision is posted no later 

than 9 months following the posting of 

the tracking sheet. 

• Upon the posting of the proposed 

decision, there is a 30-day public 

comment period during which time the 

public is invited to comment on the 

substance of the proposed decision. 

• A final NCD is posted on our Web 

site no later than 60 days following the 

close of the public comment period on 

the proposed decision. 

• With publication of the final 

decision memorandum, the NCD is 

effective for claims with dates of service 

beginning with the effective date of the 

NCD. The memorandum contains, 

among other materials, the analysis and 

conclusions and also the NCD that 

becomes a part of the Medicare National 

Coverage Determination Manual (Pub. 

100–3) of the CMS Internet Only 

Manual. After enactment of section 

1862(l) of the Act, the effective date for 

the NCD is the same date as the 

publication date of the final decision 

memorandum. Therefore, we have 

found it expedient and practical to 

include the NCD that is included in the 

Medicare National Coverage 

Determination manual in the final 

decision memoranda and to use that 

date as the effective date for Medicare 

coverage and payment purposes. 

IX. Collection of Information 

Requirements 

This document does not impose any 

new reporting, recordkeeping or thirdparty disclosure requirements. This 

document, however, does make 

reference to information associated with 

an existing information collection 

request. The information listed in 

section IV.B ‘‘What Constitutes a 

Complete, Formal Request for a National 

Coverage Determination or a Complete, 

Formal Request for Reconsideration’’ of 

this notice, was previously approved 

under OMB control number 0938–0776. 

We are currently seeking reinstatement 

of the OMB control number and the 

information collection requirements. We 

published the required 60-day notice on 

February 12, 2013 (78 FR 9927). The 60- 

day comment period ended April 15, 

2013. We will announce the submission 

of the information collection request to 

OMB via the required 30-day notice. 

Authority: (Catalog of Federal Domestic 

Assistance Program No. 93.778, Medical 

Assistance Program; No. 93.773 Medicare— 

Hospital Insurance Program; and No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: May 17, 2013. 

Marilyn Tavenner, 

Administrator, Centers for Medicare & 

Medicaid Services. 

Approved: May 17, 2013. 

Kathleen Sebelius, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2013–19060 Filed 8–2–13; 4:15 pm] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

Privacy Act of 1974; CMS Computer 

Match No. 2013–02; HHS Computer 

Match No. 1306; DoD–DMDC Match No. 

12 

AGENCY: Department of Health and 

Human Services (HHS), Centers for 

Medicare & Medicaid Services (CMS). 

ACTION: Notice of Computer Matching 

Program (CMP). 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 

as amended, this notice establishes a 

CMP that CMS plans to conduct with 

the Department of Defense (DoD). 

DATES: Effective Dates: Comments are 

invited on all portions of this notice. 

Public comments are due 30 days after 

publication. The matching program will 

become effective no sooner than 40 days 

after the report of the matching program 

is sent to OMB and Congress, or 30 days 

after publication in the Federal 

Register, whichever is later. 

ADDRESSES: The public should send 

comments to: CMS Privacy Officer, 

Division of Privacy Policy, Privacy 

Policy and Compliance Group, Office of 

E-Health Standards & Services, Offices 

of Enterprise Management, CMS, Room 

S2–24–25, 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 9:00 a.m.–3:00 

p.m., Eastern Time zone. 

FOR FURTHER INFORMATION CONTACT: 

Celeste Dade-Vinson, Division of 

Privacy Policy, Privacy Policy and 

Compliance Group, Office of E-Health 

Standards & Services, Offices of 

Enterprise Management, CMS, Mail stop 

S2–26–17, 7500 Security Boulevard, 

Baltimore, Maryland 21244–1850, Office 

Phone: 410–786–0854, Facsimile: 410– 

786–1347, Email: Celeste.DadeVinson@cms.hhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Computer Matching and Privacy 

Protection Act of 1988 (Public Law 

(Pub. L.) 100–503), amended the Privacy 

Act (5 U.S.C. 552a) by describing the 

manner in which computer matching 

involving Federal agencies could be 

performed and adding certain 

protections for individuals applying for 

and receiving Federal benefits. 

Section 7201 of the Omnibus Budget 

Reconciliation Act of 1990 (Pub. L. 101– 

508) further amended the Privacy Act 

regarding protections for such 

individuals. The Privacy Act, as 

amended, regulates the use of computer 

matching by Federal agencies when 

records in a system of records are 

matched with other Federal, state, or 

local government records. It requires 

Federal agencies involved in computer 

matching programs to: 

1. Negotiate written agreements with 

the other agencies participating in the 

matching programs; 

2. Obtain the Data Integrity Board 

approval of the match agreements; 

3. Furnish detailed reports about 

matching programs to Congress and 

OMB; 

4. Notify applicants and beneficiaries 

that the records are subject to matching; 

and, 

5. Verify match findings before 

reducing, suspending, terminating, or 

denying an individual’s benefits or 

payments. 

This matching program meets the 

requirements of the Privacy Act of 1974, 

as amended. 

mstockstill on DSK4VPTVN1PROD with NOTICES

48170 Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Notices 

Dated: July 31, 2013. 

Michelle Snyder, 

Chief Operating Officer, Centers for Medicare 

& Medicaid Services. 

CMS Computer Match No. 2013–02 

HHS Computer Match No. 1306 

DoD–DMDC Match No. 12 

NAME: 

‘‘Disclosure of Enrollment and 

Eligibility Information for Military 

Health System Beneficiaries Who are 

Medicare Eligible’’ 

SECURITY CLASSIFICATION: 

Level Three Privacy Act Sensitive 

PARTICIPATING AGENCIES: 

The Centers for Medicare & Medicaid 

Services (CMS); and Department of 

Defense (DoD), Defense Manpower Data 

Center (DMDC) and the Office of the 

Assistant Secretary of Defense (Health 

Affairs)/TRICARE Management Activity 

(TMA) 

AUTHORITY FOR CONDUCTING MATCHING

PROGRAM: 

Prior to 1991, Civilian Health and 

Medical Program of the Uniformed 

Services (CHAMPUS) entitlement 

terminated when any individual became 

eligible for Medicare Part A on a nonpremium basis. The National Defense 

Authorization Act(s) (NDAA) for Fiscal 

Years (FYs) 1992 and 1993 (Pub. L. 102– 

190) Section 704, provide for 

reinstatement of CHAMPUS as second 

payer for beneficiaries entitled to 

Medicare on the basis of disability/End 

Stage Renal Disease (ESRD) only if they 

also enroll in Part B. 

This CMP implements the 

information matching provisions of the 

NDAA, FY 2001 (Pub. L. 106–398) 

Sections 711 and 712; the NDAA, FY 

1993 (Pub. L. 102–484) Section 705; and 

the NDAA, FYs 1992 and 1993 (Pub. L. 

102–190) Sections 704 and 713. 

Section 732 of the FY 1996 NDAA 

(Pub. L. 104–106), directed the 

administering Secretaries to develop a 

mechanism for notifying beneficiaries of 

their ineligibility for CHAMPUS when 

loss of eligibility is due to Medicare 

status (Part A only). 

PURPOSE(S) OF THE MATCHING PROGRAM: 

The purpose of the Computer 

Matching Agreement is to establish the 

conditions, safeguards and procedures 

under which CMS will disclose 

Medicare enrollment information to the 

DoD, DMDC, and Health Affairs/TMA. 

The disclosure by CMS will provide 

TMA with the information necessary to 

determine if Military Health System 

(MHS) beneficiaries (other than 

dependents of active duty personnel), 

who are Medicare eligible, are eligible to 

receive continued military health care 

benefits. This disclosure will provide 

TMA with the information necessary to 

meet the Congressional mandate 

outlined in legislative provisions in the 

NDAA listed above. 

Current law requires TMA to 

discontinue military health care benefits 

to MHS beneficiaries who are Medicare 

eligible when they become eligible for 

Medicare Part A unless they are 

enrolled in Medicare Part B. In order for 

TMA to meet the requirements of 

current law, CMS agrees to disclose 

certain Part A and Part B enrollment 

data on this dual eligible population, 

which will be used to determine a 

beneficiary’s eligibility for care under 

CHAMPUS/TRICARE. DMDC will 

receive the results of the computer 

match and provide the information to 

TMA for use in its matching program. 

DESCRIPTION OF RECORDS TO BE USED IN THE

MATCHING PROGRAM: 

The matching program will be 

conducted with data maintained in the 

DoD System of Records (SOR) identified 

as DMDC 02 DoD, entitled ‘‘Defense 

Enrollment Eligibility Reporting 

System,’’ at 77 FR 69807 (November 21, 

2012) and the SOR identified as DHA 

07, entitled ‘‘Military Health 

Information System (MHIS),’’ at 71 FR 

16127 (March 30, 2006). The release of 

the data for CMS is covered under the 

‘‘Enrollment Database,’’ System No. 09– 

70–0502 published at 73 FR 10249 

(February 26, 2008). 

INCLUSIVE DATES OF THE MATCH: 

The matching program will become 

effective no sooner than 40 days after 

the report of the matching program is 

sent to OMB and Congress, or 30 days 

after publication in the Federal 

Register, whichever is later. The 

matching program will continue for 18 

months from the effective date and may 

be renewed for an additional 12 month 

period as long as the statutory language 

for the match exists and other 

conditions are met. 

[FR Doc. 2013–19013 Filed 8–6–13; 8:45 am] 

BILLING CODE 4120–03–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

Privacy Act of 1974; CMS Computer 

Match No. 2013–12; HHS Computer 

Match No. 1307; SSA Computer Match 

No. 1097–1899 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health and Human Services (HHS). 

ACTION: Notice of Computer Matching 

Program (CMP). 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 

as amended, this notice announces the 

establishment of a CMP that CMS plans 

to conduct with the Social Security 

Administration (SSA). 

DATES: Effective Dates: Comments are 

invited on all portions of this notice. 

Public comments are due 30 days after 

publication. The matching program will 

become effective no sooner than 40 days 

after the report of the matching program 

is sent to the Office of Management and 

Budget (OMB) and Congress, or 30 days 

after publication in the Federal 

Register, whichever is later. 

ADDRESSES: The public should send 

comments to: CMS Privacy Officer, 

Division of Privacy Policy, Privacy 

Policy and Compliance Group, Office of 

E-Health Standards & Services, Offices 

of Enterprise Management, CMS, Room 

S2–24–25, 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 9:00 a.m.–3:00 

p.m., Eastern Time zone. 

FOR FURTHER INFORMATION CONTACT: 

Aaron Wesolowski, Director, 

Verifications Policy & Operations 

Branch, Division of Eligibility and 

Enrollment Policy and Operations, 

Center for Consumer Information and 

Insurance Oversight, CMS, 7501 

Wisconsin Avenue, Bethesda, MD 

20814, Office Phone: (301) 492–4416, 

Facsimile: (443) 380–5531, email: 

Aaron.Wesolowski@cms.hhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Computer Matching and Privacy 

Protection Act of 1988 (Public Law 

(Pub. L. 100–503), amended the Privacy 

Act (5 U.S.C. 552a) by describing the 

manner in which computer matching 

involving Federal agencies could be 

performed and adding certain 

protections for individuals applying for 

and receiving Federal benefits. Section 

7201 of the Omnibus Budget 

mstockstill on DSK4VPTVN1PROD with NOTICES