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[Federal Register Volume 89, Number 246 (Monday, December 23, 2024)]
[Notices]
[Pages 104544-104545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30522]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

Privacy Act of 1974; Matching Program

AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of 
Health and Human Services (HHS).

ACTION: Notice of a new matching program.

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SUMMARY: In accordance with subsection (e)(12) of 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 a 
new matching program between CMS and the Department of the Treasury 
(Treasury), Internal Revenue Service (IRS), ``Verification of Household 
Income and Family Size for Insurance Affordability Programs and 
Exemptions.'' The new matching program will commence under a new 
agreement when the agreement for the existing matching program expires 
in April 2025.

DATES: The deadline for comments on this notice is January 22, 2025. 
The new 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 April 5, 2025 to October 4, 
2026) and within 3 months of expiration may be renewed for up to one 
additional year if the parties make no change to the matching program 
and certify that the program has been conducted in compliance with the 
matching agreement.

ADDRESSES: Interested parties may submit comments on this notice 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 to [email protected].

FOR FURTHER INFORMATION CONTACT: If you have questions about the 
matching

[[Page 104545]]

program, you may contact Anne Pesto, Senior Advisor, Marketplace 
Eligibility and Enrollment Group, Center for Consumer Information and 
Insurance Oversight, Centers for Medicare & Medicaid Services, at 667-
290-9486, by email at [email protected], or by mail at 7500 
Security Blvd., Baltimore, MD 21244.

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. 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 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) is the recipient agency, and the 
Department of the Treasury (Treasury), Internal Revenue Service (IRS) 
is the source agency.

Authority for Conducting the Matching Program

    The authority for the matching program is 42 U.S.C. 18001, et seq.

Purpose(s)

    The purpose of the matching program is to provide CMS with IRS 
Federal tax information which CMS and State-based administering 
entities (AEs) will use to verify household income and family size for 
applicants and enrollees receiving eligibility determinations and 
redeterminations for benefits under the Patient Protection and 
Affordable Care Act (PPACA), including: enrollment in a Qualified 
Health Plan (QHP) or a State's Basic Health Plan (BHP) through the 
federally-facilitated Exchange (FFE) or a State-based Exchange (SBE); 
advance payments of the premium tax credit (APTC); a cost sharing 
reduction (CSR); enrollment in Medicaid and the Children's Health 
Insurance Program (CHIP); and certain certificates of exemption.

Categories of Individuals

    The individuals whose information will be used in the matching 
program are consumers (applicants and enrollees) who receive the 
eligibility determinations and redeterminations described in the 
preceding Purpose(s) section (in particular, taxpayers whose Federal 
tax information is requested from IRS to verify an applicant's or 
enrollee's household income and family size).

Categories of Records

    The categories of records used in the matching program are identity 
information and Federal tax information (specifically, household income 
and family size information). To request Federal tax information from 
IRS, CMS will provide IRS with the relevant taxpayer's name, social 
security number (SSN), and relationship to the applicant(s) or 
enrollee(s) (i.e., primary, spouse, or dependent). When IRS is able to 
match the SSN and name provided by CMS and Federal tax information is 
available, IRS will disclose to CMS the following items of Federal tax 
information with respect to that taxpayer:
    1. SSN;
    2. family size;
    3. filing status;
    4. modified adjusted gross income (MAGI);
    5. taxable Social Security benefits;
    6. adjusted gross income (AGI) for adjusted tax returns;
    7. taxable year with respect to which the preceding information 
relates or, if applicable, the fact that such information is not 
available; and
    8. any other specified item of Federal tax information (FTI) 
authorized pursuant to 26 U.S.C. 6103(1)(21) and its implementing 
regulations.

System(s) of Records

    The records used in this matching program will be disclosed from 
the following systems of records, as authorized by routine uses 
published in the System of Records Notices (SORNs) cited below:

A. System of Records Maintained by CMS

     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).

B. System of Records Maintained by IRS

     FTI Treasury/IRS 24.030, published at 80 FR 54064 (Sept. 
8, 2015).

[FR Doc. 2024-30522 Filed 12-20-24; 8:45 am]
BILLING CODE 4120-03-P
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