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[Federal Register Volume 89, Number 232 (Tuesday, December 3, 2024)]
[Notices]
[Pages 95893-95894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28313]

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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2024-0013]

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 Center for 
Medicare & Medicaid Services (CMS).

DATES: Submit comments on the proposed matching program no later than 
January 2, 2025.
    The matching program will be applicable on January 2, 2025, 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-2024-0013 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-2024-0013 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 (833) 410-1613.
    3. Mail: Matthew Ramsey, Executive Director, Office of Privacy and 
Disclosure, Office of the General Counsel, Social Security 
Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401, or 
emailing [email protected]. 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, 6401 Security Boulevard, 
Baltimore, MD 21235-6401, at telephone: (410) 966-1943, or send an 
email to [email protected].

SUPPLEMENTARY INFORMATION:

PARTICIPATING AGENCIES:
    SSA and CMS.

AUTHORITY FOR CONDUCTING THE MATCHING PROGRAM:
    This matching agreement is between SSA and CMS. This agreement is 
executed in compliance with the Privacy Act of 1974 (Privacy Act) (5 
U.S.C. 552a), as amended by the Computer Matching and Privacy 
Protection Act of 1988, as amended, and the regulations and guidance 
promulgated thereunder.
    Sections 202 and 223 of the Social Security Act (Act) (42 U.S.C. 
402 and 423) outline the requirements for eligibility to receive Old-
Age, Survivors, and Disability Insurance Benefits under Title II of the 
Act. Section 205(c) of the Act (42 U.S.C. 405) directs the Commissioner 
of SSA to verify the eligibility of a beneficiary. Section 704(e) of 
the Act (42 U.S.C. 904(e)) provides that SSA and the Department of 
Health and Human Services shall enter into agreements as may be 
necessary to provide information to each other to meet the programmatic 
needs of the requesting agency.
    This matching program employs CMS systems containing Protected 
Health Information (PHI) as defined by Health and Human Services 
regulation ``Standards for Privacy of Individually Identifiable Health 
Information'' (45 CFR 160 and 164). PHI may only be disclosed by CMS 
without the written authorization of the individual, or the opportunity 
for the individual to agree or object, as permitted or required by the 
routine uses or ``Standards'' provided for in 45 CFR 164.512.

PURPOSE(s):
    This agreement sets forth the terms and conditions under which CMS 
will disclose to SSA Medicare non-utilization information for Social 
Security Title II beneficiaries aged 90 and above.
    CMS will identify Medicare enrollees whose records have been 
inactive for three or more years. SSA will use this data as an 
indicator to select and prioritize cases for review to determine 
continued eligibility for benefits under Title II of the Act. SSA will 
contact these individuals to verify ongoing eligibility. In addition, 
SSA will use this data for the purposes of fraud discovery and the 
analysis of fraud programs operations. This agreement allows for SSA to 
evaluate the data for the purposes of fraud detection. SSA will refer 
individual cases of suspected fraud, waste, or abuse to the Office of 
the Inspector General for investigation.

CATEGORIES OF INDIVIDUALS:
    The individuals whose information is involved in this matching 
program are Social Security Title II beneficiaries aged 90 and above.

CATEGORIES OF RECORDS:
    SSA will provide CMS with a finder file containing the following 
information for each individual: (a) Title II Claim Account Number 
(CAN); (b) Title II Beneficiary Identification Code (BIC); (c) First 
Name, (d) Last Name, and (e) Date of birth.
    CMS will provide SSA with a response file containing the following 
information for each individual: (a) CMS File Number (identified as a 
Health Insurance Claim Number (HICN) or Medicare Beneficiary Identifier 
(MBI)); (b) Whether CMS matched Beneficiary or individual is a Medicare 
beneficiary; (c) Whether individual is a Medicaid recipient; (d) 
Whether Medicare was used in the last 3 years;

[[Page 95894]]

(e) Whether the beneficiary is a part of an Health Maintenance 
Organization; (f) Whether the beneficiary lives in a nursing home; (g) 
Whether the beneficiary has private health insurance; (h) Whether the 
beneficiary has veteran's health insurance; or (i) Whether the 
beneficiary has Tricare insurance.

SYSTEM(S) OF RECORDS:
    SSA will disclose to CMS information from the Master Beneficiary 
Record (MBR) (60-0090), last fully published January 11, 2006 (71 FR 
1826), as amended on December 10, 2007 (72 FR 69723), July 5, 2013 (78 
FR 40542), July 3, 2018 (83 FR 31250-31251), and November 1, 2018 (83 
FR 54969) and 890 FR 825 (January 5, 2024).
    SSA will retain data elements from the CMS response file in the 
Anti-Fraud Systems (60-0388), last fully published December 11, 2020 
(85 FR 80211) for SSA fraud-related analytics or data that leads SSA to 
initiate a fraud investigation.
    CMS will disclose to SSA information from the following Systems of 
Record (SORs): (a) National Claims History (NCH) (09-70-0558), 
published November 20, 2006 (71FR 67137); (b) Enrollment Data Base 
(EDB) (09-70-0502), published February 26, 2008 at 73FR 10249; and (c) 
The Long Term Care--Minimum Data Set (MDS) (90-70-0528), published 
March 19, 2007 at 72 FR 12801.
    SSA's and CMS's SORs have routine uses permitting the disclosures 
needed to conduct this match.

Matthew Ramsey,
Executive Director, Office of Privacy and Disclosure, Office of the 
General Counsel.
[FR Doc. 2024-28313 Filed 12-2-24; 8:45 am]
BILLING CODE 4191-02-P
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