Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices 70849 

thereby indirectly acquire Western 

National Bank, Amarillo, Texas. 

2. ST Banc Corp., McAllen, Texas; to 

become a bank holding company by 

acquiring 100 percent of South Texas 

Bancorp, Hebbronville, Texas, and 

thereby indirectly acquire South Texas 

Bancorp of Delaware, Inc., Wilmington, 

Delaware, and Hebbronville State Bank, 

Hebbronville, Texas. 

Board of Governors of the Federal Reserve 

System, November 18, 2005. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E5–6452 Filed 11–22–05; 8:45 am] 

BILLING CODE 6210–01–S 

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 December 19, 2005. 

A. Federal Reserve Bank of Chicago 

(Patrick M. Wilder, Assistant Vice 

President) 230 South LaSalle Street, 

Chicago, Illinois 60690-1414: 

1. MainSource Financial Group, Inc., 

Greensburg, Indiana; to acquire 100 

percent of the voting shares of Union 

Community Bancorp, Crawfordsville, 

Indiana, and thereby indirectly acquire 

Union Federal Savings and Loan 

Association, Crawfordsville, Indiana, 

and thereby operate a savings 

association, pursuant to section 

225.28(b)(4)(ii) of Regulation Y. 

Board of Governors of the Federal Reserve 

System, November 18, 2005. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E5–6453 Filed 11–22–05; 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 New 

System of Records 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health and Human Services (HHS). 

ACTION: Notice of a new System of 

Records (SOR). 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 

we are proposing a new SOR titled, 

‘‘National Disaster Medical System 

(NDMS) Claims Processing System 

(CPS), No. 09–70–0572.’’ CMS is 

responsible for establishing and 

administering a payment mechanism for 

definitive medical care provided under 

the National Disaster Medical System 

(NDMS) in accordance with section 

2811 of the Public Health Service Act, 

42 United States Code (U.S.C.) 300hh11, a Memorandum of Agreement 

(MOA) entered into by the NDMS 

Partners—the Departments of Homeland 

Security, Health and Human Services, 

Defense, and Veteran’s Affairs, and an 

Inter-Agency Agreement between CMS 

and the Federal Emergency Management 

Agency (FEMA). Reimbursement to 

NDMS-participating hospitals (and 

practitioners furnishing medical 

services to NDMS-authorized patients 

during inpatient stays in those 

hospitals) for definitive medical care 

will be administered through the 

NDMS–CPS. The new system will 

collect data relating to individuals who 

receive NDMS-authorized medical 

treatment or services in NDMS hospitals 

for illness or injury resulting from a 

specified public health emergency or 

non-deferrable medical treatment or 

services to maintain health when such 

are temporarily not available as a result 

of the public health emergency. Data on 

individuals will be submitted by the 

Departments of Defense and Veteran’s 

Affairs, staffed Federal Coordinating 

Centers activated by the NDMS, NDMS 

hospitals, and practitioners within 

NDMS hospitals that furnish medical 

treatment or services to NDMS patients. 

The primary purpose of the system is 

to justify and document payments for 

inpatient hospital and related 

practitioner services provided in 

connection to the NDMS. Information in 

this system will also be disclosed to: (1) 

Support regulatory, reimbursement, and 

policy functions performed by CMS and 

the NDMS Partners, contractors 

(including the NDMS claims contractor), 

and consultants contracted by the 

Agency; (2) support another Federal 

(including the NDMS Partners) agency 

of a state government, an agency 

established by state law, or its fiscal 

agent; (3) assist NDMS-participating 

hospitals (and practitioners within those 

hospitals) who have furnished services 

to individuals evacuated and placed by 

the NDMS; (4) assist third party contacts 

in situations where the party to be 

contacted has, or is expected to have 

information relating to the individual’s 

capacity to manage his or her affairs; (5) 

facilitate research on the quality and 

effectiveness of care provided, as well as 

payment-related projects; (6) support 

constituent requests made to a 

congressional representative; (7) support 

litigation involving the Agency, and (8) 

combat fraud and abuse in certain 

Federal health benefits programs. We 

have provided background information 

about the new system in the 

SUPPLEMENTARY INFORMATION section 

below. Although the Privacy Act 

requires only that CMS provide an 

opportunity for interested persons to 

comment on the proposed routine uses, 

CMS invites comments on all portions 

of this notice. See EFFECTIVE DATES

section for comment period. 

EFFECTIVE DATES: CMS filed a new 

system report with the Chair of the 

House Committee on Government 

Reform and Oversight, the Chair of the 

Senate Committee on Governmental 

Affairs, and the Administrator, Office of 

Information and Regulatory Affairs, 

Office of Management and Budget 

(OMB) on November 17, 2005. To 

ensure that all parties have adequate 

time in which to comment, the new 

SOR and the routine uses, will become 

effective 30 days from the publication of 

the notice, provided OMB grants CMS’

request for a 10-day waiver of the 

review period, unless CMS receives 

comments that require alterations to this 

notice. If OMB does not grant CMS’

request for a 10-day waiver of the 

review period, the new SOR and the 

routine uses, will become effective 30 

days from the publication of the notice, 

or 40 days from the date it was mailed 

70850 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices 

to OMB and Congress, whichever is 

later, unless CMS receives comments 

that require alterations to this notice. 

ADDRESSES: The public should address 

comments to: CMS Privacy Officer, 

Division of Privacy Compliance Data 

Development (DPCDD), CMS, Mail Stop 

N2–04–27, 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 a.m.–3 p.m., 

Eastern daylight time. 

FOR FURTHER INFORMATION CONTACT: 

Chris Klots, Technical Advisor, 

Medicare Contractor Management 

Group, Center for Medicare 

Management, CMS, Mail Stop S1–14–

17, 7500 Security Boulevard, Baltimore, 

MD 21244–1850. He can also be 

contacted by telephone at 410–786–

3348, or e-mail at 

Christopher.Klots@cms.hhs.gov. 

SUPPLEMENTARY INFORMATION: The 

NDMS is a partnership of four Federal 

agencies—HHS, Department of Defense, 

Department of Veteran’s Affairs and the 

Department of Homeland Security. In a 

disaster situation, the NDMS augments 

the public health and health care 

activities of State and local 

governments. NDMS has three key 

functions to which each of the Partners 

contribute: Medical response, patient 

evacuation, and definitive medical care. 

The medical response function of 

NDMS relates to the deployment of 

NDMS response teams, comprised of 

trained medical and logistical personnel 

from the NDMS Federal Partners, to 

assess the health and medical needs of 

disaster victims and to respond to these 

needs and patients. The patient 

evacuation function of NDMS relates to 

the establishment of a communications, 

transportation and medical regulating 

system to evacuate patients from a 

mobilization center near the disaster 

site, to patient reception capabilities 

known as Federal Coordinating Centers. 

The Departments of Defense and 

Veteran’s Affairs are responsible for 

activating and staffing the Federal 

Coordinating Centers. The Federal 

Coordinating Centers have the authority 

to arrange for referral and inpatient 

admission of NDMS-evacuated patients 

in acute care hospitals for definitive 

medical care. The definitive medical 

care is provided by hospitals that are 

part of the NDMS and have agreed to 

provide this inpatient care to NDMS 

evacuees on an as-needed basis. 

CMS is responsible for establishing 

and administering a payment 

mechanism for definitive medical care 

provided under the NDMS in 

accordance with section 2811 of the 

Public Health Service Act, 42 U.S.C. 

300hh–11, a MOA entered into by the 

NDMS Partners—the Departments of 

Homeland Security, Health and Human 

Services, Defense, and Veteran’s Affairs, 

and an Inter-Agency Agreement 

between CMS and FEMA. 

Reimbursement to NDMS-participating 

hospitals (and practitioners furnishing 

medical services to NDMS-authorized 

patients during inpatient stays in those 

hospitals) for definitive medical care 

will be administered through the 

NDMS–CPS. The new system will 

collect data relating to individuals who 

receive NDMS-authorized medical 

treatment or services in NDMS hospitals 

for illness or injury resulting from a 

specified public health emergency or 

non-deferrable medical treatment or 

services to maintain health when such 

are temporarily not available as a result 

of the public health emergency. Data on 

individuals will be submitted by the 

Departments of Defense and Veteran’s 

Affairs, staffed Federal Coordinating 

Centers activated by the NDMS, NDMS 

hospitals, and practitioners within 

NDMS hospitals that furnish medical 

treatment or services to NDMS patients. 

The NDMS MOA defines NDMS 

definitive medical care as follows: to the 

extent authorized by NDMS in a 

particular public health emergency, 

medical treatment or services beyond 

emergency medical care, initiated upon 

inpatient admission to an NDMS 

treatment facility and provided for 

injuries or illnesses resulting directly 

from a specified public health 

emergency, or for injuries, illnesses and 

conditions requiring non-deferrable 

medical treatment or services to 

maintain health when such medical 

treatment and services are temporarily 

not available as a result of the public 

health emergency. Other provisions of 

the NDMS MOA make clear that NDMS 

coverage ends when the indicated 

medical treatment is completed, the 

patient refuses care, the patient is 

returned home, or thirty days elapse. 

Accordingly, in order to provide 

expeditious processing and adjudication 

of NDMS definitive medical claims from 

NDMS hospitals and licensed providers 

arising from NDMS-authorized medical 

treatment and services for victims of a 

public health emergency, a contractor 

will collect and process NDMS patient 

data gathered by the Federal 

Coordinating Centers during the 

emergency evacuations against NDMS 

claims data, with CMS subsequently 

making payment on appropriate claims 

in keeping with NDMS policies. Subject 

to the availability of funds, a similar 

solution will be employed to address 

NDMS definitive medical care 

reimbursement requirements that may 

arise in future emergency situations. 

I. Description of the New System of 

Records 

A. Statutory and Regulatory Basis for 

the System 

Authority for reimbursement of 

providers is found under section 102(a) 

of the Public Health Security and 

Bioterrorism Preparedness and 

Response Act of 2002, Public Law 107–

188, which added section 2811 of the 

Public Health Service Act, 42 U.S.C. 

300hh–11, as transferred to the 

Department of Homeland Security 

under the Homeland Security Act of 

2002, Pub. L. 107–296, 6 U.S.C. 313(5), 

and the Economy Act, 31 U.S.C. 1535. 

B. Collection and Maintenance of Data 

in the System 

The new system will collect data from 

individuals who receive treatment for 

services in an NDMS hospital for illness 

or injury resulting from a specified 

public health emergency or nondeferrable medical treatment or services 

to maintain health when such are 

temporarily not available as a result of 

the public health emergency. Patient 

data will be collected by the Federal 

Coordinating Centers and claims data on 

medical treatment and services 

furnished to NDMS-authorized patients 

will be reported by NDMS-participating 

hospitals (and practitioners within those 

facilities) to a CMS-contracted claims 

processor who will process claims 

under the NDMS–CPS. The system will 

also include, but is not limited to, name, 

social security number, address, dates of 

care, Diagnostic Related Group/Current 

Procedure Terminology (DRG/CPT) 

data, provider name, provider address, 

provider number, amount billed, 

amount allowed, other insurance 

payment, amount to be paid, and 

applicable Employer Identification 

Number. 

Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices 70851 

II. Agency Policies, Procedures, and 

Restrictions on Routine Uses 

A. The Privacy Act permits us to 

disclose information without an 

individual’s consent if the information 

is to be used for a purpose that is 

compatible with the purpose(s) for 

which the information was collected. 

Any such disclosure of data is known as 

a ‘‘routine use.’’ The government will 

only release NDMS–CPS information 

that can be associated with an 

individual as provided for under 

‘‘Section III. Proposed Routine Use 

Disclosures of Data in the System.’’ Both 

identifiable and non-identifiable data 

may be disclosed under a routine use. 

We will only collect the minimum 

personal data necessary to achieve the 

purpose of NDMS–CPS. CMS has the 

following policies and procedures 

concerning disclosures of information 

that will be maintained in the system. 

Disclosure of information from the 

system will be approved only to the 

extent necessary to accomplish the 

purpose of the disclosure and only after 

CMS: 

1. Determines that the use or 

disclosure is consistent with the reason 

data is being collected; e.g., to justify 

and document payments for inpatient 

hospital and related practitioner 

services provided in connection to the 

NDMS. 

2. Determines that the purpose for 

which the disclosure is to be made can 

only be accomplished if the record is 

provided in individually identifiable 

form; 

a. The purpose for which the 

disclosure is to be made is of sufficient 

importance to warrant the effect and/or 

risk on the privacy of the individual that 

additional exposure of the record might 

bring; and 

b. There is a strong probability that 

the proposed use of the data would in 

fact accomplish the stated purpose(s). 

3. Requires the information recipient 

to: 

a. Establish administrative, technical, 

and physical safeguards to prevent 

unauthorized use of disclosure of the 

record; 

b. Remove or destroy at the earliest 

time all patient-identifiable information; 

and 

c. Agree to not use or disclose the 

information for any purpose other than 

the stated purpose under which the 

information was disclosed. 

4. Determines that the data are valid 

and reliable. 

III. Routine Use Disclosures of Data in 

the System 

A. Entities Who May Receive 

Disclosures Under Routine Use: 

These routine uses specify 

circumstances, in addition to those 

provided by statute in the Privacy Act 

of 1974, under which CMS may release 

information from the NDMS–CPS 

without the consent of the individual to 

whom such information pertains. Each 

proposed disclosure of information 

under these routine uses will be 

evaluated to ensure that the disclosure 

is legally permissible, including but not 

limited to ensuring that the purpose of 

the disclosure is compatible with the 

purpose for which the information was 

collected. We are proposing to establish 

the following routine use disclosures of 

information maintained in the system: 

1. To CMS contractors (including the 

NDMS claims contractor), or consultants 

who have been contracted by the 

Agency to assist in accomplishment of 

a CMS function relating to the purposes 

for this system and who need to have 

access to the records in order to assist 

CMS. 

We contemplate disclosing 

information under this routine use only 

in situations in which CMS may enter 

into a contractual or similar agreement 

with a third party to assist in 

accomplishing an NDMS claims 

processing function or other CMS 

function relating to purposes for this 

system. 

CMS occasionally contracts out 

certain of its functions when doing so 

would contribute to effective and 

efficient operations. CMS must be able 

to give a contractor or consultant 

whatever information is necessary for 

the contractor or consultant to fulfill its 

duties. In these situations, safeguards 

are provided in the contract prohibiting 

the contractor or consultant from using 

or disclosing the information for any 

purpose other than that described in the 

contract and requires the contractor or 

consultant to return or destroy all 

information at the completion of the 

contract. 

2. To another Federal agency 

(including any of the NDMS Partner 

Agencies), an agency of a State 

government, an agency established by 

State law, or its fiscal agent to: 

a. contribute to the accuracy of CMS’s 

proper payment of Medicare benefits, 

b. enable such agency to administer a 

Federal health benefits program, or as 

necessary to enable such agency to 

fulfill a requirement of a Federal statute 

or regulation that implements a health 

benefits program funded in whole or in 

part with Federal funds, and/or 

c. assist Federal/State Medicaid 

programs within the State. 

Other Federal or State agencies in 

their administration of a Federal health 

program may require NDMS–CPS 

information in order to support 

evaluations and monitoring of the 

NDMS program, including proper 

reimbursement for services provided. 

In addition, other State agencies in 

their administration of a Federal health 

program may require NDMS–CPS 

information for the purposes of 

determining, evaluating and/or 

assessing cost, effectiveness, and/or the 

quality of health care services provided 

in the state. 

Disclosure under this routine use 

shall be used by State Medicaid 

agencies pursuant to agreements with 

the HHS for determining Medicaid 

eligibility, for quality control studies, 

for determining eligibility of recipients 

of assistance under Titles IV, and XIX of 

the Social Security Act (the Act), and for 

the administration of the Medicaid 

program. Data will be released to the 

state only on those individuals who are 

patients under the services of a 

Medicaid program within the State or 

who are residents of that State. 

We also contemplate disclosing 

information under this routine use in 

situations in which State auditing 

agencies require NDMS–CPS 

information for auditing State Medicaid 

eligibility considerations. CMS may 

enter into an agreement with State 

auditing agencies to assist in 

accomplishing functions relating to 

purposes for this system. 

3. To providers and practitioners who 

have furnished NDMS-authorized 

medical treatment and/or services to 

individuals evacuated and placed for 

NDMS definitive medical care by the 

NDMS. 

Providers and suppliers of services 

may require NDMS–CPS information in 

order to establish the validity of 

evidence or to verify the accuracy of 

information presented by the 

individual, as it concerns the 

individual’s entitlement to benefits 

under the NDMS program, including 

proper reimbursement for services 

provided. 

4. To third party contacts in situations 

where the party to be contacted has, or 

is expected to have information relating 

to the individual’s capacity to manage 

his or her affairs or to his or her 

eligibility for, or an entitlement to, 

benefits under the NDMS program and, 

a. The individual is unable to provide 

the information being sought (an 

individual is considered to be unable to 

provide certain types of information 

when any of the following conditions 

70852 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices 

exists: the individual is confined to a 

mental institution, a court of competent 

jurisdiction has appointed a guardian to 

manage the affairs of that individual, a 

court of competent jurisdiction has 

declared the individual to be mentally 

incompetent, or the individual’s 

attending physician has certified that 

the individual is not sufficiently 

mentally competent to manage his or 

her own affairs or to provide the 

information being sought, the individual 

cannot read or write, cannot afford the 

cost of obtaining the information, a 

language barrier exist, or the custodian 

of the information will not, as a matter 

of policy, provide it to the individual), 

or 

b. The data are needed to establish the 

validity of evidence or to verify the 

accuracy of information presented by 

the individual, and it concerns one or 

more of the following: the individual’s 

entitlement to benefits under the NDMS 

program, the amount of reimbursement, 

and in cases in which the evidence is 

being reviewed as a result of suspected 

fraud and abuse, program integrity, 

quality appraisal, or evaluation and 

measurement of activities. 

Third party contacts may require 

NDMS–CPS information in order to 

provide support for the individual’s 

entitlement to benefits under the NDMS 

program; to establish the validity of 

evidence or to verify the accuracy of 

information presented by the 

individual, and assist in the monitoring 

of NDMS claims-related information for 

NDMS evacuees, including proper 

reimbursement of services provided. 

5. To an individual or organization for 

a research, evaluation, or 

epidemiological project related to the 

prevention of disease or disability, the 

restoration or maintenance of health, or 

payment-related projects. 

NDMS–CPS data may be provided for 

research, evaluation, and 

epidemiological projects, in order to 

contribute to a broader, longitudinal, 

national perspective of the status of 

NDMS patients. CMS anticipates that 

many researchers may have legitimate 

requests to use these data in projects 

that could ultimately improve the care 

provided to disaster victims and the 

policy that governs the care. 

6. To a Member of Congress or a 

Congressional staff member in response 

to an inquiry of the Congressional office 

made at the written request of the 

constituent about whom the record is 

maintained. 

Individuals often request the help of 

a Member of Congress in resolving some 

issue relating to a matter before CMS. 

The Member of Congress then writes 

CMS, and CMS must be able to give 

sufficient information in response to the 

inquiry. 

7. To the Department of Justice (DOJ), 

court or adjudicatory body when: 

a. the Agency or any component 

thereof, or 

b. any employee of the Agency in his 

or her official capacity, or 

c. any employee of the Agency in his 

or her individual capacity where the 

DOJ has agreed to represent the 

employee, or 

d. the United States Government, is a 

party to litigation or has an interest in 

such litigation, and, by careful review, 

CMS determines that the records are 

both relevant and necessary to the 

litigation and that the use of such 

records by the DOJ, court or 

adjudicatory body is compatible with 

the purpose for which the agency 

collected the records. 

Whenever CMS is involved in 

litigation, or occasionally when another 

party is involved in litigation and CMS’s 

policies or operations could be affected 

by the outcome of the litigation, CMS 

would be able to disclose information to 

the DOJ, court, or adjudicatory body 

involved. 

8. To a CMS contractor (including, but 

not limited to FIs and carriers) that 

assists in the administration of a CMSadministered health benefits program, 

or to a grantee of a CMS-administered 

grant program, when disclosure is 

deemed reasonably necessary by CMS to 

prevent, deter, discover, detect, 

investigate, examine, prosecute, sue 

with respect to, defend against, correct, 

remedy, or otherwise combat fraud or 

abuse in such programs. 

We contemplate disclosing 

information under this routine use only 

in situations in which CMS may enter 

into a contract or grant with a third 

party to assist in accomplishing CMS 

functions relating to the purpose of 

combating fraud and abuse. 

CMS occasionally contracts out 

certain of its functions when doing so 

would contribute to effective and 

efficient operations. CMS must be able 

to give a contractor or grantee whatever 

information is necessary for the 

contractor or grantee to fulfill its duties. 

In these situations, safeguards are 

provided in the contract prohibiting the 

contractor or grantee from using or 

disclosing the information for any 

purpose other than that described in the 

contract and requiring the contractor or 

grantee to return or destroy all 

information. 

9. To another Federal agency or to an 

instrumentality of any governmental 

jurisdiction within or under the control 

of the United States (including any State 

or local governmental agency), that 

administers, or that has the authority to 

investigate potential fraud or abuse in, 

a health benefits program funded in 

whole or in part by Federal funds, when 

disclosure is deemed reasonably 

necessary by CMS to prevent, deter, 

discover, detect, investigate, examine, 

prosecute, sue with respect to, defend 

against, correct, remedy, or otherwise 

combat fraud or abuse in such programs. 

Other agencies may require NDMSCPS information for the purpose of 

combating fraud and abuse in such 

federally-funded programs. 

B. Additional Circumstances Affecting 

Routine Use Disclosures: 

To the extent this system contains 

Protected Health Information (PHI) as 

defined by HHS regulation ‘‘Standards 

for Privacy of Individually Identifiable 

Health Information’’ (45 CFR parts 160 

and 164, 65 FR 82462 (12–28–00), 

subparts A and E). Disclosures of such 

PHI that are otherwise authorized by 

these routine uses may only be made if, 

and as, permitted or required by the 

‘‘Standards for Privacy of Individually 

Identifiable Health Information.’’

In addition, our policy will be to 

prohibit release even of data not directly 

identifiable, except pursuant to one of 

the routine uses or if required by law, 

if we determine there is a possibility 

that an individual can be identified 

through implicit deduction based on 

small cell sizes (instances where the 

patient population is so small that 

individuals who are familiar with the 

enrollees could, because of the small 

size, use this information to deduce the 

identity of the beneficiary). 

IV. Safeguards 

CMS has safeguards in place for 

authorized users and monitors such 

users to ensure against excessive or 

unauthorized use. Personnel having 

access to the system have been trained 

in the Privacy Act and information 

security requirements. Employees who 

maintain records in this system are 

instructed not to release data until the 

intended recipient agrees to implement 

appropriate management, operational 

and technical safeguards sufficient to 

protect the confidentiality, integrity and 

availability of the information and 

information systems and to prevent 

unauthorized access. 

This system will conform to all 

applicable Federal laws and regulations 

and Federal, HHS, and CMS policies 

and standards as they relate to 

information security and data privacy. 

These laws and regulations may apply 

but are not limited to: the Privacy Act 

of 1974; the Federal Information 

Security Management Act of 2002; the 

Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices 70853 

Computer Fraud and Abuse Act of 1986; 

the Health Insurance Portability and 

Accountability Act of 1996; the EGovernment Act of 2002, the ClingerCohen Act of 1996; the Medicare 

Modernization Act of 2003, and the 

corresponding implementing 

regulations. OMB Circular A–130, 

Management of Federal Resources, 

Appendix III, Security of Federal 

Automated Information Resources also 

applies. Federal, HHS, and CMS 

policies and standards include but are 

not limited to: All pertinent National 

Institute of Standards and Technology 

publications; the HHS Information 

Systems Program Handbook and the 

CMS Information Security Handbook. 

V. Effects of the System on Individual 

Rights 

CMS proposes to establish this system 

in accordance with the principles and 

requirements of the Privacy Act and will 

collect, use, and disseminate 

information only as prescribed therein. 

Data in this system will be subject to the 

authorized releases in accordance with 

the routine uses identified in this 

system of records. 

CMS will take precautionary 

measures to minimize the risks of 

unauthorized access to the records and 

the potential harm to individual privacy 

or other personal or property rights of 

patients whose data are maintained in 

the system. CMS will collect only that 

information necessary to perform the 

system’s functions. In addition, CMS 

will make disclosure from the proposed 

system only with consent of the subject 

individual, or his/her legal 

representative, or in accordance with an 

applicable exception provision of the 

Privacy Act. CMS, therefore, does not 

anticipate an unfavorable effect on 

individual privacy as a result of the 

disclosure of information relating to 

individuals. 

Dated: November 7, 2005. 

Charlene Frizzera, 

Acting Chief Operating Officer, Centers for 

Medicare & Medicaid Services. 

System No. 09–70–0572 

SYSTEM NAME: 

‘‘National Disaster Medical System 

Claims Processing System (NDMS–

CPS)’’ HHS/CMS/CMM. 

SECURITY CLASSIFICATION: 

Level Three Privacy Act Sensitive. 

SYSTEM LOCATION: 

CMS Data Center, 7500 Security 

Boulevard, North Building, First Floor, 

Baltimore, Maryland 21244–1850. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

The new system will collect data from 

individuals who receive treatment for 

services in an NDMS hospital for illness 

or injury resulting from a specified 

public health emergency or nondeferrable medical treatment or services 

to maintain health when such are 

temporarily not available as a result of 

the public health emergency. Patient 

data will be collected by the Federal 

Coordinating Centers and claims data on 

medical treatment and services 

furnished to NDMS-authorized patients 

will be reported by NDMS-participating 

hospitals (and practitioners within those 

facilities) to a CMS-contracted claims 

processor who will process claims 

under the NDMS–CPS. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The system will include, but is not 

limited to, name, social security number 

(SSN), address, dates of care, Diagnostic 

Related Group/Current Procedure 

Terminology (DRG/CPT) data, provider 

name, provider address, provider 

number, amount billed, amount 

allowed, other insurance payment, 

amount to be paid, and applicable 

Employer Identification Number. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Authority for reimbursement of 

providers is found under section 102(a) 

of the Public Health Security and 

Bioterrorism Preparedness and 

Response Act of 2002, Pub. L. 107–188, 

which added § 2811 of the Public Health 

Service Act, 42 U.S.C. 300hh–11, as 

transferred to the Department of 

Homeland Security under the Homeland 

Security Act of 2002, Pub. L. 107–296, 

6 U.S.C. 313(5), and the Economy Act, 

31 U.S.C. 1535. 

PURPOSE(S) OF THE SYSTEM: 

The primary purpose of the system is 

to justify and document payments for 

inpatient hospital and related 

practitioner services provided in 

connection to the NDMS. Information in 

this system will also be disclosed to: (1) 

Support regulatory, reimbursement, and 

policy functions performed by CMS and 

the NDMS Partners, contractors 

(including the NDMS claims contractor), 

and consultants contracted by the 

Agency; (2) support another Federal 

(including the NDMS Partners), agency 

of a State government, an agency 

established by state law, or its fiscal 

agent; (3) assist NDMS-participating 

hospitals (and practitioners within those 

hospitals) who have furnished services 

to individuals evacuated and placed by 

the NDMS; (4) assist third party contacts 

in situations where the party to be 

contacted has, or is expected to have 

information relating to the individual’s 

capacity to manage his or her affairs; (5) 

facilitate research on the quality and 

effectiveness of care provided, as well as 

payment-related projects; (6) support 

constituent requests made to a 

congressional representative; (7) support 

litigation involving the Agency, and (8) 

combat fraud and abuse in certain 

Federal health benefits programs. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OR USERS AND

THE PURPOSES OF SUCH USES: 

A. ENTITIES WHO MAY RECEIVE DISCLOSURES

UNDER ROUTINE USE: 

These routine uses specify 

circumstances, in addition to those 

provided by statute in the Privacy Act 

of 1974, under which CMS may release 

information from the NDMS–CPS 

without the consent of the individual to 

whom such information pertains. Each 

proposed disclosure of information 

under these routine uses will be 

evaluated to ensure that the disclosure 

is legally permissible, including but not 

limited to ensuring that the purpose of 

the disclosure is compatible with the 

purpose for which the information was 

collected. We are proposing to establish 

the following routine use disclosures of 

information maintained in the system: 

1. To Agency contractors (including 

the NDMS claims contractor), or 

consultants who have been contracted 

by the Agency to assist in 

accomplishment of a CMS function 

relating to the purposes for this system 

and who need to have access to the 

records in order to assist CMS. 

2. To another Federal agency 

(including any of the NDMS Partner 

Agencies), an agency of a State 

government, an agency established by 

State law, or its fiscal agent to: 

a. Contribute to the accuracy of CMS’s 

proper payment of Medicare benefits, 

b. Enable such agency to administer a 

Federal health benefits program, or as 

necessary to enable such agency to 

fulfill a requirement of a Federal statute 

or regulation that implements a health 

benefits program funded in whole or in 

part with Federal funds, and/or 

c. Assist Federal/State Medicaid 

programs within the State. 

3. To providers and practitioners who 

have furnished NDMS-authorized 

medical treatment and/or services to 

individuals evacuated and placed for 

NDMS definitive medical care by the 

NDMS. 

4. To third party contacts in situations 

where the party to be contacted has, or 

is expected to have information relating 

to the individual’s capacity to manage 

his or her affairs or to his or her 

70854 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices 

eligibility for, or an entitlement to, 

benefits under the NDMS program and, 

a. The individual is unable to provide 

the information being sought (an 

individual is considered to be unable to 

provide certain types of information 

when any of the following conditions 

exists: The individual is confined to a 

mental institution, a court of competent 

jurisdiction has appointed a guardian to 

manage the affairs of that individual, a 

court of competent jurisdiction has 

declared the individual to be mentally 

incompetent, or the individual’s 

attending physician has certified that 

the individual is not sufficiently 

mentally competent to manage his or 

her own affairs or to provide the 

information being sought, the individual 

cannot read or write, cannot afford the 

cost of obtaining the information, a 

language barrier exist, or the custodian 

of the information will not, as a matter 

of policy, provide it to the individual), 

or 

b. The data are needed to establish the 

validity of evidence or to verify the 

accuracy of information presented by 

the individual, and it concerns one or 

more of the following: The individual’s 

entitlement to benefits under the NDMS 

program, the amount of reimbursement, 

and in cases in which the evidence is 

being reviewed as a result of suspected 

fraud and abuse, program integrity, 

quality appraisal, or evaluation and 

measurement of activities. 

5. To an individual or organization for 

a research, evaluation, or 

epidemiological project related to the 

prevention of disease or disability, the 

restoration or maintenance of health, or 

payment-related projects. 

6. To a Member of Congress or a 

congressional staff member in response 

to an inquiry of the congressional office 

made at the written request of the 

constituent about whom the record is 

maintained. 

7. To the Department of Justice (DOJ), 

court or adjudicatory body when: The 

Agency or any component thereof, or 

a. Any employee of the Agency in his 

or her official capacity, or 

b. Any employee of the Agency in his 

or her individual capacity where the 

DOJ has agreed to represent the 

employee, or 

c. The United States Government, is a 

party to litigation or has an interest in 

such litigation, and, by careful review, 

CMS determines that the records are 

both relevant and necessary to the 

litigation and that the use of such 

records by the DOJ, court or 

adjudicatory body is compatible with 

the purpose for which the agency 

collected the records. 

8. To a CMS contractor (including, but 

not limited to FIs and carriers) that 

assists in the administration of a CMSadministered health benefits program, 

or to a grantee of a CMS-administered 

grant program, when disclosure is 

deemed reasonably necessary by CMS to 

prevent, deter, discover, detect, 

investigate, examine, prosecute, sue 

with respect to, defend against, correct, 

remedy, or otherwise combat fraud or 

abuse in such programs. 

9. To another Federal agency or to an 

instrumentality of any governmental 

jurisdiction within or under the control 

of the United States (including any State 

or local governmental agency), that 

administers, or that has the authority to 

investigate potential fraud or abuse in, 

a health benefits program funded in 

whole or in part by Federal funds, when 

disclosure is deemed reasonably 

necessary by CMS to prevent, deter, 

discover, detect, investigate, examine, 

prosecute, sue with respect to, defend 

against, correct, remedy, or otherwise 

combat fraud or abuse in such programs. 

B. ADDITIONAL CIRCUMSTANCES AFFECTING

ROUTINE USE DISCLOSURES: 

To the extent this system contains 

Protected Health Information (PHI) as 

defined by HHS regulation ‘‘Standards 

for Privacy of Individually Identifiable 

Health Information’’ (45 CFR parts 160 

and 164, 65 FR 82462 (12–28–00), 

subparts A and E. Disclosures of such 

PHI that are otherwise authorized by 

these routine uses may only be made if, 

and as, permitted or required by the 

‘‘Standards for Privacy of Individually 

Identifiable Health Information.’’

In addition, our policy will be to 

prohibit release even of data not directly 

identifiable, except pursuant to one of 

the routine uses or if required by law, 

if we determine there is a possibility 

that an individual can be identified 

through implicit deduction based on 

small cell sizes (instances where the 

patient population is so small that 

individuals who are familiar with the 

enrollees could, because of the small 

size, use this information to deduce the 

identity of the beneficiary). 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Computer diskette, magnetic storage 

media, and paper claims. 

RETRIEVABILITY: 

Information will be retrieved by 

patient’s name and SSN; and may be 

sorted by geographical area or medical 

provider. 

SAFEGUARDS: 

CMS has safeguards in place for 

authorized users and monitors such 

users to ensure against excessive or 

unauthorized use. Personnel having 

access to the system have been trained 

in the Privacy Act and information 

security requirements. Employees who 

maintain records in this system are 

instructed not to release data until the 

intended recipient agrees to implement 

appropriate management, operational 

and technical safeguards sufficient to 

protect the confidentiality, integrity and 

availability of the information and 

information systems and to prevent 

unauthorized access. 

This system will conform to all 

applicable Federal laws and regulations 

and Federal, HHS, and CMS policies 

and standards as they relate to 

information security and data privacy. 

These laws and regulations may apply 

but are not limited to: the Privacy Act 

of 1974; the Federal Information 

Security Management Act of 2002; the 

Computer Fraud and Abuse Act of 1986; 

the Health Insurance Portability and 

Accountability Act of 1996; the EGovernment Act of 2002, the ClingerCohen Act of 1996; the Medicare 

Modernization Act of 2003, and the 

corresponding implementing 

regulations. Office of Management and 

Budget Circular A–130, Management of 

Federal Resources, Appendix III, 

Security of Federal Automated 

Information Resources also applies. 

Federal, HHS, and CMS policies and 

standards include but are not limited to: 

all pertinent National Institute of 

Standards and Technology publications; 

the HHS Information Systems Program 

Handbook and the CMS Information 

Security Handbook. 

RETENTION AND DISPOSAL: 

Records are maintained in a secure 

storage area with identifiers. Disposal 

occurs five years from the last action on 

the hospital’s cost report, and should be 

coordinated with disposal of the reports. 

All claims-related records are 

encompassed by the document 

preservation order and will be retained 

until notification is received from DOJ. 

SYSTEM MANAGER AND ADDRESS: 

Director, Medicare Contractor 

Management Group, Center for 

Medicare Management, CMS, 7500 

Security Boulevard, Baltimore, 

Maryland 21244–1850. 

NOTIFICATION PROCEDURE: 

For purpose of access, the subject 

individual should write to the systems 

manager who will require the system 

name, SSN, address, date of birth, sex, 

Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices 70855 

and for verification purposes, the 

subject individual’s name (woman’s 

maiden name, if applicable). Furnishing 

the SSN is voluntary, but it may make 

searching for a record easier and prevent 

delay. 

RECORD ACCESS PROCEDURE: 

For purpose of access, use the same 

procedures outlined in Notification 

Procedures above. Requestors should 

also reasonably specify the record 

contents being sought. (These 

procedures are in accordance with 

Department regulation 45 CFR 

5b.5(a)(2)). 

CONTESTING RECORD PROCEDURES: 

The subject individual should contact 

the system manager named above, and 

reasonably identify the record and 

specify the information to be contested. 

State the corrective action sought and 

the reasons for the correction with 

supporting justification. (These 

procedures are in accordance with 

Department regulation 45 CFR 5b.7). 

RECORD SOURCE CATEGORIES: 

Information contained in this system 

will be submitted by NDMS hospitals, 

other providers, and States. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: 

None. 

[FR Doc. 05–23239 Filed 11–22–05; 8:45 am] 

BILLING CODE 4120–03–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institutes of Health 

Office of the Director, National 

Institutes of Health; Notice of Meeting 

Pursuant to section 10(d) of the 

Federal Advisory Committee Act, as 

amended (5 U.S.C. Appendix 2), notice 

is hereby given of the meeting of the 

Advisory Committee to the Director, 

National Institutes of Health (NIH). 

The meeting will be open to the 

public as indicated below, with 

attendance limited to space available. 

Individuals who plan to attend and 

need special assistance, such as sign 

language interpretation or other 

reasonable accommodations, should 

notify the Contact Person listed below 

in advance of the meeting. 

A portion of the meeting will be 

closed to the public in accordance with 

the provisions set forth in sections 

552b(c)(6) and 552b(c)(9)(B), title 5 

U.S.C., as amended, because the 

disclosure of which would constitute a 

clearly unwarranted invasion of 

personal privacy and the premature 

disclosure of information and the 

discussions would likely significantly 

frustrate implementation of the 

program. 

Name of Committee: Advisory Committee 

to the Director, NIH. 

Date: December 1–2, 2005. 

Open: December 1, 2005, 8:30 a.m. to 4:30 

p.m. 

Agenda: Among the topics proposed for 

discussion are: (1) NIH Director’s Report; (2) 

Clinical and Translational Science Awards; 

(3) NIH Director’s Council of Public 

Representatives Liaison Report; and(4) 

update on NIH Neurosciences Blueprint. 

Place: National Institutes of Health, 9000 

Rockville Pike, Building 31, Conference 

Room 6, Bethesda, MD 20892. 

Closed: December 2, 2005, 8:30 a.m. to 10 

a.m. 

Agenda: Office of Portfolio Analysis and 

Strategic Initiatives (OPASI). 

Place: National Institutes of Health, 9000 

Rockville Pike, Building 31, Conference 

Room 6, Bethesda, MD 20892. 

Open: December 2, 2005, 10 a.m. to 12 p.m. 

Agenda: Among the topics proposed for 

discussion are: (1) Public Access Update; and 

(2) Workgroup Report on Outside Awards for 

NIH Employees. 

Place: National Institutes of Health, 9000 

Rockville Pike, Building 31, Conference 

Room 6, Bethesda, MD 20892. 

Contact Person: Shelly Pollard, ACD 

Coordinator, Office of Communications and 

Public Liaison, Office of the Director, 

National Institutes of Health, 31 Center Drive, 

Building 31, Room 5B64, Bethesda, MD 

20892, Phone: (301) 496–0959, 

pollards@mail.nih.gov. 

Any interested person may file written 

comments with the committee by forwarding 

the statement to the Contact Person listed on 

this notice. The statement should include the 

name, address, telephone number and when 

applicable, the business or professional 

affiliation of the interested person. 

In the interest of security, NIH has 

instituted stringent procedures for entrance 

into the building by non-government 

employees. Persons without a government 

I.D. will need to show a photo I.D. and sign 

in at the security desk upon entering the 

building. 

Information is also available on the 

Institute’s/Center’s Home page: http:// 

www.nih.gov/about/director/acd.htm, where 

an agenda and any additional information for 

the meeting will be posted when available. 

(Catalogue of Federal Domestic Assistance 

Program Nos. 93.14, Intramural Research 

Training Award; 93.22, Clinical Research 

Loan Repayment Program for Individuals 

from Disadvantaged Backgrounds; 93.232, 

Loan Repayment Program for Research 

Generally; 93.39, Academic Research 

Enhancement Award; 93.936, NIH Acquired 

Immunodeficiency Syndrome Research Loan 

Repayment Program; 93.187, Undergraduate 

Scholarship Program for Individuals from 

Disadvantaged Backgrounds, National 

Institutes of Health, HHS) 

Dated: November 7, 2005. 

Anna Snouffer, 

Acting Director, Office of Federal Advisory 

Committee Policy. 

[FR Doc. 05–23188 Filed 11–22–05; 8:45 am] 

BILLING CODE 4140–01–M 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institutes of Health 

National Cancer Institute; Notice of 

Closed Meeting 

Pursuant to section 10(d) of the 

Federal Advisory Committee Act, as 

amended (5 U.S.C. appendix 2), notice 

is hereby given of the following 

meeting. 

The meeting will be closed to the 

public in accordance with the 

provisions set forth in sections 

552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 

as amended. The grant applications and 

the discussions could disclose 

confidential trade secrets or commercial 

property such as patentable material, 

and personal information concerning 

individuals associated with the grant 

applications, the disclosure of which 

would constitute a clearly unwarranted 

invasion of personal privacy. 

Name of Committee: National Cancer 

Institute Initial Review Group, Subcommittee 

D—Clinical Studies. 

Date: December 13–14, 2005. 

Time: 9 a.m. to 6 p.m. 

Agenda: To review and evaluate grant 

applications. 

Place: Marriott Bethesda North Hotel & 

Conference Center, 5701 Marinelli Road, 

North Bethesda, MD 20852. 

Contact Person: William D. Merritt, PhD, 

Scientific Review Administrator, Research 

Programs Review Branch, National Cancer 

Institute, Division of Extramural Activities, 

6116 Executive Blvd., 8th Floor, Bethesda, 

MD 20892–8328, 301–496–9767, 

wm63f@nih.gov. 

(Catalogue of Federal Domestic Assistance 

Program Nos. 93.392, Cancer Construction; 

93.393, Cancer Cause and Prevention 

Research; 93.394, Cancer Detection and 

Diagnosis Research; 93.395, Cancer 

Treatment Research; 93.396, Cancer Biology 

Research; 39.397, Cancer Centers Support; 

93.398, Cancer Research Manpower; 93.399, 

Cancer Control, National Institutes of Health, 

HHS) 

Dated: November 8, 2005. 

Anna Snouffer, 

Acting Director, Office of Federal Advisory 

Committee Policy. 

[FR Doc. 05–23193 Filed 11–22–05; 8:45 am] 

BILLING CODE 4140–01–M