31440 Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Notices 

customers; (iv) to establish and put in 

force such other practices as the 

Commission determines to be lawful 

and reasonable governing the 

relationship between the Port Authority 

and American Stevedoring; and (v) to 

pay the Complainant by way of 

reparation for the unlawful conduct 

hereinabove described, in an amount yet 

to be determined, but exceeding 

$16,000,000.00 with interest and 

attorney’s fees, or such other sum as the 

Commission may determine to be 

proper as an award of reparation; and 

(v) and that such other and further order 

or orders be made as the Commission so 

determines to be appropriate.’’ 

This proceeding has been assigned to 

the Office of Administrative Law Judges. 

Hearing in this matter, if any is held, 

shall commence within the time 

limitations prescribed in 46 CFR 502.61, 

and only after consideration has been 

given by the parties and the presiding 

officer to the use of alternative forms of 

dispute resolution. The hearing shall 

include oral testimony and crossexamination in the discretion of the 

presiding officer only upon proper 

showing that there are genuine issues of 

material fact that cannot be resolved on 

the basis of sworn statements, affidavits, 

depositions, or other documents or that 

the nature of the matter in issue is such 

that an oral hearing and crossexamination are necessary for the 

development of an adequate record. 

Pursuant to the further terms of 46 

CFR 502.61, the initial decision of the 

presiding officer in this proceeding shall 

be issued by May 31, 2011 and the final 

decision of the Commission shall be 

issued by September 28, 2011. 

Rachel E. Dickon, 

Assistant Secretary. 

[FR Doc. 2010–13390 Filed 6–2–10; 8:45 am] 

BILLING CODE P 

FEDERAL MARITIME COMMISSION 

Ocean Transportation Intermediary 

License Reissuance 

Notice is hereby given that the 

following Ocean Transportation 

Intermediary licenses have been 

reissued by the Federal Maritime 

Commission pursuant to section 19 of 

the Shipping Act of 1984 (46 U.S.C. 

Chapter 409) and the regulations of the 

Commission pertaining to the licensing 

of Ocean Transportation Intermediaries, 

46 CFR Part 515. 

License no. Name/address Date reissued 

013787N ........................ Trans Caribe Express Shippers, Inc., 163 Tremont Avenue, East Orange, NJ 07018 ....................... April 29, 2010. 

015941NF ...................... Cargo Plus, Inc., 8333 Wessex Drive, Pennsauken, NJ 08109 .......................................................... April 25, 2010. 

021975F ......................... Adora International LLC dba Adora, 16813 FM 1485, Conroe, TX 77306 .......................................... April 20, 2010. 

Sandra L. Kusumoto, 

Director, Bureau of Certification and 

Licensing. 

[FR Doc. 2010–13416 Filed 6–2–10; 8:45 am] 

BILLING CODE 6730–01–P 

FEDERAL MARITIME COMMISSION 

Ocean Transportation Intermediary 

License Revocation 

The Federal Maritime Commission 

hereby gives notice that the following 

Ocean Transportation Intermediary 

licenses have been revoked pursuant to 

section 19 of the Shipping Act of 1984 

(46 U.S.C. Chapter 409) and the 

regulations of the Commission 

pertaining to the licensing of Ocean 

Transportation Intermediaries, 46 CFR 

Part 515, effective on the corresponding 

date shown below: 

License Number: 004020N. 

Name: Southern Cross Shipping, Inc. 

Address: 6440 NW. 2nd Street, 

Miami, FL 33126. 

Date Revoked: May 10, 2010. 

Reason: Surrendered license 

voluntarily. 

License Number: 017538N. 

Name: Cosa Freight, Inc. 

Address: 1601 W. Mission Blvd., 

Suite 104, Pomona, CA 91766. 

Date Revoked: May 17, 2010. 

Reason: Surrendered license 

voluntarily. 

Sandra L. Kusumoto, 

Director, Bureau of Certification and 

Licensing. 

[FR Doc. 2010–13415 Filed 6–2–10; 8:45 am] 

BILLING CODE 6730–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Privacy Act of 1974; Report of a New 

System of Records 

AGENCY: Department of Health and 

Human Services (HHS). 

ACTION: Notice of a New System of 

Records. 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 

the U.S. Department of Health & Human 

Services (HHS) is proposing to establish 

a new system of records (SOR) titled 

‘‘Early Retirement Reinsurance Program 

(ERRP),’’ System No. 09–90–0250. Under 

authority of Section 1102 of the Patient 

Protection and Affordable Care Act (the 

Affordable Care Act) (Pub. L. 111–148) 

the Early Retiree Reinsurance Program 

is established. The program provides 

reimbursement to participating 

employment-based plans for a portion of 

the cost of health benefits for early 

retirees and their spouses, surviving 

spouses and dependents. The system 

will collect and maintain information 

on individuals associated with plan 

sponsors who perform key tasks on 

behalf of the sponsor in order for the 

sponsor to participate in and receive 

reimbursement under the program. The 

system will also collect and maintain 

information on early retirees, and their 

spouses, etc., so that sponsors’ 

eligibility to receive reimbursement for 

the claims of such specific individuals 

can be verified. The system will also 

collect and maintain information related 

to the documentation of actual medical 

costs of claims for health benefits 

submitted to the Department, to ensure 

accurate reimbursement under the 

program. 

The purpose of this system is to 

collect and maintain information on 

individuals who are early retirees (and 

spouses, etc.) such that sponsors’ 

eligibility to receive reimbursement for 

the claims of such specific individuals 

can be verified, to collect and maintain 

information on individuals who are 

associated with plan sponsors who 

perform key tasks on behalf of the 

sponsor, so that the sponsor can 

participate in and get reimbursement 

under the program, and to collect and 

maintain documentation of the actual 

costs of medical claims, so that accurate 

and timely reimbursements may be 

made to plan sponsors who continue to 

offer qualifying health benefits to early 

retirees (and spouses, etc.). Information 


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maintained in this system will also be 

disclosed to: (1) Support regulatory, 

reimbursement, and policy functions 

performed by an HHS contractor, 

consultant or grantee; (2) assist another 

Federal or State agency, agency of a 

State government, an agency established 

by State law, or its fiscal agent; (3) 

support litigation involving the 

Department; (4) combat fraud and abuse 

in certain health benefits programs; and 

(5) assist efforts to respond to a 

suspected or confirmed breach of the 

security or confidentiality of 

information maintained in this system 

of records. We have provided 

background information about the 

modified system in the ‘‘Supplementary 

Information’’ section below. Although 

the Privacy Act requires only that HHS 

provide an opportunity for interested 

persons to comment on the proposed 

routine uses, HHS invites comments on 

all portions of this notice. See ‘‘Effective 

Dates’’ section for comment period. 

DATES: Effective Dates: HHS filed a new 

system report with the Chair of the 

House Committee on Government 

Reform and Oversight, the Chair of the 

Senate Committee on Homeland 

Security & Governmental Affairs, and 

the Administrator, Office of Information 

and Regulatory Affairs, Office of 

Management and Budget (OMB) on May 

19, 2010. To ensure that all parties have 

adequate time in which to comment, the 

new system, including routine uses, will 

become effective 30 days from the 

publication of the notice, or 40 days 

from the date it was submitted to OMB 

and Congress, whichever is later, unless 

HHS receives comments that require 

alterations to this notice. 

ADDRESSES: The public should address 

comments to: HHS Privacy Officer, 

Office of the Secretary, Office of the 

Assistant Secretary for Public Affairs 

(ASPA), Freedom of Information/ 

Privacy Acts Division, 330 ‘‘C’’ Street, 

SW., Washington, DC 20201. Telephone 

number: (202) 690–7453. 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 Time 

zone. 

FOR FURTHER INFORMATION CONTACT: 

David Mlawsky, Office of Consumer 

Information and Insurance Oversight 

(OCIIO), Office of the Secretary, 

Department of Health and Human 

Services. He can be reached at (410) 

786–6851, or contact via e-mail at 

David.Mlawsky@cms.hhs.gov. 

SUPPLEMENTARY INFORMATION: Rising 

costs have made it more difficult for 

employers to provide quality, affordable 

health insurance for workers and 

retirees. People in the early retiree age 

group often face difficulties obtaining 

insurance in the individual market 

because of age or chronic conditions 

that make coverage unaffordable and 

inaccessible. The program provides 

needed financial help for employerbased plans to continue to provide 

valuable coverage to plan participants. 

Section 1102(a)(2)(B) of the 

Affordable Care Act defines 

‘‘employment-based plan’’ to include a 

group benefits plan providing health 

benefits that is maintained by private 

employers, State or local governments, 

employee organizations, voluntary 

employees’ beneficiary association, a 

committee or board of individuals 

appointed to administer such plan, or a 

multiemployer plan (as defined by 

Employee Retirement Income Security 

Act, or ERISA). Section 1102 does not 

differentiate between health benefits 

provided by self-funded plans or 

through the purchase of insurance. 

The statute at section 1102(a)(2)(C) 

defines ‘‘early retirees’’ as individuals 

who are age 55 and older but are not 

eligible for coverage under Medicare, 

and who are not active employees of an 

employer maintaining, or currently 

contributing to, the employment-based 

plan or of any employer that has made 

substantial contributions to fund such 

plan. The definition of early retiree in 

the program’s implementing regulation 

at 45 CFR 149.2 clarifies that spouses, 

surviving spouses, and dependents are 

also included in the definition of early 

retiree. This definition accommodates 

the language in section 1102(a)(1) of the 

statute, which states that reimbursement 

under the program is made to cover a 

portion of the costs of providing health 

coverage to early retirees and to the 

eligible spouses, surviving spouses, and 

dependents of such retirees. 

Reimbursement can be made under the 

program for the health benefit costs of 

eligible spouses, surviving spouses, and 

dependents of such retirees, even if they 

are under the age of 55, and/or are 

eligible for Medicare. 

When submitting claims for 

reimbursement, employment-based 

plans (or their insurers) will submit 

documentation of the actual costs of the 

medical claims, indicating the health 

benefit provided, the provider or 

supplier, the incurred date, the 

individual for whom the health benefit 

was provided, the date and amount of 

payment net any known negotiated 

price concessions, and the employmentbased plan and benefit option under 

which the health benefit was provided. 

The Congress appropriated funding of 

$5 billion for the temporary program. 

The Secretary will reimburse plans 80 

percent of the costs for health benefits 

for valid claims between $15,000 and 

$90,000 (with those amounts being 

indexed for plan years starting on or 

after October 1, 2011). Section 

1102(a)(1) required the Secretary to 

establish this temporary program not 

later than 90 days after enactment of the 

statute, which is June 21, 2010. The 

Secretary has established an effective 

date of June 1, 2010. The program ends 

no later than January 1, 2014. 

I. Description of the Proposed System of 

Records 

A. Statutory and Regulatory Basis for 

System 

Authority for the collection, 

maintenance, and disclosures from this 

system is given under provisions of 

§ 1102 of the Affordable Care Act and its 

implementing regulations codified at 

Title 45 Code of Federal Regulations 

(CFR) Part 149. 

B. Collection and Maintenance of Data 

in the System 

Information in this system is 

maintained on early retirees and their 

spouses, surviving spouses, and 

dependents that are enrolled in 

employment-based plans that 

participate in the program. Information 

maintained in this system includes, but 

is not limited to, first name, last name, 

middle initial, date of birth, Social 

Security Number (SSN), gender, 

standard data for identification such as 

Plan Sponsor Identification Number, 

Application Identification Number, 

Benefit Option Identifier, and 

relationship to early retiree. 

Information in this system is also 

maintained on individuals associated 

with plan sponsors who perform key 

tasks on behalf of the sponsor, so that 

the sponsor can participate in and get 

reimbursement under the program. 

Information maintained in the system 

regarding these individuals includes, 

but is not limited to, standard data for 

identification such as Plan Sponsor 

Identification Number, Application 

Identification Number, Benefit Option 

Identifier, the individual’s first name, 

middle initial, last name, job title, date 

of birth, social security number, e-mail 

address, telephone number, fax number, 

employer name, and business address. 

When submitting claims to the 

Department for reimbursement, 

employment-based plans (or their 

insurers) will submit documentation of 

the actual costs of the medical claims, 

including the health benefit provided, 

the provider or supplier, the incurred 

date, the individual for whom the health 

benefit was provided, the date and 


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amount of payment net any known 

negotiated price concessions, and the 

employment-based plan and benefit 

option under which the health benefit 

was provided. Thus, such information is 

maintained in this system. 

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 ERRP 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 disclose the minimum 

personal data necessary to achieve the 

purpose of ERRP. HHS has the following 

policies and procedures concerning 

disclosures of information that will be 

maintained in the system. In general, 

disclosure of information from the 

system will be approved only for the 

minimum information necessary to 

accomplish the purpose of the 

disclosure and only after HHS: 

1. Determines that the use or 

disclosure is consistent with the reason 

that the data is being collected, e.g., to 

collect, maintain, and process 

information necessary to effectively and 

efficiently administer the ERRP; 

2. Determines that: 

a. The purpose for which the 

disclosure is to be made can only be 

accomplished if the record is provided 

in individually identifiable form; 

b. 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 

c. 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 individually-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. Proposed 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 HHS may release 

information from the ERRP 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 propose to establish the 

following routine use disclosures of 

information maintained in the system: 

1. To support HHS contractors, 

consultants, or HHS grantees who have 

been engaged by HHS to assist in 

accomplishment of an HHS function 

relating to the purposes for this SOR 

and who need to have access to the 

records in order to assist HHS. 

We contemplate disclosing 

information under this routine use only 

in situations in which HHS may enter 

into a contractual or similar agreement 

with a third party to assist in 

accomplishing an HHS function relating 

to purposes for this SOR. 

HHS occasionally contracts out 

certain of its functions when doing so 

would contribute to effective and 

efficient operations. HHS will give a 

contractor, consultant, or HHS grantee 

the information necessary for the 

contractor or consultant to fulfill its 

duties. In these situations, safeguards 

are provided in the contract prohibiting 

the contractor, consultant, or grantee 

from using or disclosing the information 

for any purpose other than that 

described in the contract and requires 

the contractor, consultant, or grantee to 

return or destroy all information at the 

completion of the contract. Contractors 

are also required to provide the 

appropriate management, operational, 

and technical controls to secure the 

data. 

2. To assist another Federal or State 

agency, agency of a State government, 

an agency established by State law, or 

its fiscal agent pursuant to agreements 

with HHS to: 

a. Contribute to the accuracy of HHS’’s 

reimbursement to sponsors under the 

ERRP; 

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 which may require ERRP 

information for purposes related to this 

system. 

Other Federal or State agencies in 

their administration of a Federal health 

program may require ERRP information 

in order to support evaluations and 

monitoring of claims information of 

beneficiaries, including proper 

reimbursement for services provided. 

3. To support the Department of 

Justice (DOJ), court, or adjudicatory 

body when: 

a. The Department or any component 

thereof, or 

b. Any employee of HHS in his or her 

official capacity, or 

c. Any employee of HHS 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, 

HHS 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 HHS is involved in 

litigation, or occasionally when another 

party is involved in litigation and HHS’s 

policies or operations could be affected 

by the outcome of the litigation, HHS 

would be able to disclose information to 

the DOJ, court, or adjudicatory body 

involved. 

4. To assist an HHS contractor 

(including, but not limited to fiscal 

intermediaries and carriers) that assists 

in the administration of an HHSadministered health benefits program, 

or to a grantee of an HHS-administered 

grant program, when disclosure is 

deemed reasonably necessary by HHS to 

prevent, deter, discover, detect, 

investigate, examine, prosecute, sue 

with respect to, defend against, correct, 

remedy, or otherwise combat fraud, 

waste or abuse in such program. 

We contemplate disclosing 

information under this routine use only 

in situations in which HHS may enter 

into a contract or grant with a third 

party to assist in accomplishing HHS 

functions relating to the purpose of 

combating fraud, waste or abuse. 

HHS occasionally contracts out 

certain of its functions when doing so 

would contribute to effective and 

efficient operations. HHS must be able 

to give a contractor or grantee whatever 


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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. 

5. To assist 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, waste or abuse in a 

health benefits program funded in 

whole or in part by Federal funds, when 

disclosure is deemed reasonably 

necessary by HHS to prevent, deter, 

discover, detect, investigate, examine, 

prosecute, sue with respect to, defend 

against, correct, remedy, or otherwise 

combat fraud, waste or abuse in such 

programs. 

Other agencies may require ERRP 

information for the purpose of 

combating fraud, waste or abuse in such 

Federally-funded programs. 

6. To assist appropriate Federal 

agencies and Department contractors 

that have a need to know the 

information for the purpose of assisting 

the Department’s efforts to respond to a 

suspected or confirmed breach of the 

security or confidentiality of 

information maintained in this system 

of records, and the information 

disclosed is relevant and unnecessary 

for the assistance. 

Other agencies may require ERRP 

information for the purpose of assisting 

the Department’s efforts to respond to a 

suspected or confirmed breach of the 

security or confidentiality of 

information maintained in this system 

of records. 

B. Additional Circumstances Affecting 

Routine Use Disclosures 

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 

could, because of the small size, use this 

information to deduce the identity of 

the individual). 

IV. Safeguards 

HHS has safeguards in place for 

authorized users and monitors such 

users to ensure against 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 and HHS policies and 

standards as they relate to information 

security and data privacy. These laws 

and regulations include 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 EGovernment Act of 2002, and the 

Clinger-Cohen Act of 1996; OMB 

Circular A–130, Management of Federal 

Resources, Appendix III, Security of 

Federal Automated Information 

Resources also applies. Federal and 

HHS policies and standards include but 

are not limited to: All pertinent National 

Institute of Standards and Technology 

publications; and the HHS Information 

Systems Program Handbook. 

V. Effects of the New System on the 

Rights of Individuals 

HHS 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. 

We will only disclose the minimum 

personal data necessary to achieve the 

purpose of ERRP. Disclosure of 

information from the system will be 

approved only to the extent necessary to 

accomplish the purpose of the 

disclosure. HHS has assigned a higher 

level of security clearance for the 

information maintained in this system 

in an effort to provide added security 

and protection of data in this system. 

HHS 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. HHS will 

collect only that information necessary 

to perform the system’s functions. In 

addition, HHS 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. 

HHS, therefore, does not anticipate an 

unfavorable effect on individual privacy 

as a result of the disclosure of 

information relating to individuals. 

Dated: May 20, 2010. 

Jay Angoff, 

Director Office of Consumer Information and 

Insurance Oversight. 

SYSTEM NUMBER: 09–90–0250 

SYSTEM NAME: 

‘‘Early Retirement Reinsurance 

Program (ERRP),’’ OCIIO, OS/HHS. 

SECURITY CLASSIFICATION: 

Level Three Privacy Act Sensitive. 

SYSTEM LOCATION: 

Office of Consumer Information and 

Insurance Oversight, U.S. Department of 

Health & Human Services, 200 

Independence Avenue, SW., Suite 738F, 

Washington, DC 20201. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Information in this system is 

maintained on individuals associated 

with plan sponsors who perform key 

tasks on behalf of the sponsor, so that 

the sponsor can participate in and get 

reimbursement under the program. 

Information in this system is also 

maintained on early retirees and their 

spouses, surviving spouses, and 

dependents that are enrolled in 

employment-based plans that 

participate in the program. With respect 

to medical claims submitted by plan 

sponsors for reimbursement, 

information in this system is maintained 

on early retirees and their spouses, 

surviving spouses, and dependents with 

respect to those medical claims, 

including the health benefit provided, 

the provider or supplier, the incurred 

date, the individual for whom the health 

benefit was provided, the date and 

amount of payment net any known 

negotiated price concessions, and the 

employment-based plan and benefit 

option under which the health benefit 

was provided. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Information in this system is 

maintained on early retirees and their 

spouses, surviving spouses, and 

dependents that are enrolled in 

employment-based plans that 

participate in the program. Information 

maintained in this system includes, but 

is not limited to, first name, last name, 

middle initial, date of birth, Social 

Security Number (SSN), gender, 

standard data for identification such as 

Plan Sponsor Identification Number, 

Application Identification Number, 

Benefit Option Identifier, and 

relationship to early retiree. Information 

in this system is maintained on 


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individuals associated with plan 

sponsors who perform key tasks on 

behalf of the sponsor, so that the 

sponsor can participate in and get 

reimbursement under the program. 

Information maintained in the system 

regarding these individuals includes, 

but is not limited to, standard data for 

identification such as Plan Sponsor 

Identification Number, Application 

Identification Number, Benefit Option 

Identifier, the individual’s first name, 

middle initial, last name, job title, date 

of birth, social security number, e-mail 

address, telephone number, fax number, 

employer name, and business address. 

With respect to medical claims 

submitted by plan sponsors for 

reimbursement, information in this 

system is maintained on early retirees 

and their spouses, surviving spouses, 

and dependents with respect to those 

medical claims, including the health 

benefit provided, the provider or 

supplier, the incurred date, the 

individual for whom the health benefit 

was provided, the date and amount of 

payment net any known negotiated 

price concessions, and the employmentbased plan and benefit option under 

which the health benefit was provided. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Authority for the collection, 

maintenance, and disclosures from this 

system is given under provisions of 

§ 1102 of the Affordable Care Act and its 

implementing regulations codified at 

Title 45 Code of Federal Regulations 

(CFR) Part 149. 

PURPOSE(S) OF THE SYSTEM: 

The purpose of this system is to 

collect and maintain information on 

individuals who are early retirees (and 

spouses, etc.), to collect and maintain 

information on individuals who are 

associated with plan sponsors who 

perform key tasks on behalf of the 

sponsor, and to collect and maintain 

information on medical claims 

submitted to the U.S. Department of 

Health & Human Services (HHS) for 

reimbursement, so that accurate and 

timely reimbursements may be made to 

plan sponsors who continue to offer 

qualifying health benefits to such 

individuals. Information maintained in 

this system will also be disclosed to: 

(1)Support regulatory, reimbursement, 

and policy functions performed by an 

HHS contractor, consultant or grantee; 

(2) assist another Federal or State 

agency, agency of a State government, 

an agency established by State law, or 

its fiscal agent; (3) support litigation 

involving the Department; (4) combat 

fraud and abuse in certain health 

benefits programs; and (5) assist efforts 

to respond to a suspected or confirmed 

breach of the security or confidentiality 

of information maintained in this 

system of records. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OR USERS AND

THE PURPOSES OF SUCH USES: 

B. 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 HHS may release 

information from the ERRP 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 propose to establish or 

modify the following routine use 

disclosures of information maintained 

in the system: 

1. To support Agency contractors, 

consultants, or HHS grantees who have 

been engaged by the Agency to assist in 

accomplishment of an HHS function 

relating to the purposes for this SOR 

and who need to have access to the 

records in order to assist HHS. 

2. To assist another Federal or State 

agency, agency of a State government, 

an agency established by State law, or 

its fiscal agent pursuant to agreements 

with HHS to: 

a. Contribute to the accuracy of HHS’s 

reimbursement to sponsors under the 

ERRP, 

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 which may require ERRP 

information for purposes related to this 

system. 

3. To the Department of Justice (DOJ), 

court, or adjudicatory body when: 

b. The Agency or any component 

thereof, or 

e. Any employee of the Agency in his 

or her official capacity, or 

f. Any employee of the Agency in his 

or her individual capacity where the 

DOJ has agreed to represent the 

employee, or 

g. The United States Government, is a 

party to litigation or has an interest in 

such litigation, and by careful review, 

HHS 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. 

4. To assist an HHS contractor 

(including, but not limited to fiscal 

intermediaries and carriers) that assists 

in the administration of an HHSadministered health benefits program, 

or to a grantee of an HHS-administered 

grant program, when disclosure is 

deemed reasonably necessary by HHS to 

prevent, deter, discover, detect, 

investigate, examine, prosecute, sue 

with respect to, defend against, correct, 

remedy, or otherwise combat fraud, 

waste or abuse in such program. 

5. To assist 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, waste or abuse in a 

health benefits program funded in 

whole or in part by Federal funds, when 

disclosure is deemed reasonably 

necessary by HHS to prevent, deter, 

discover, detect, investigate, examine, 

prosecute, sue with respect to, defend 

against, correct, remedy, or otherwise 

combat fraud, waste or abuse in such 

programs. 

6. To appropriate Federal agencies 

and Department contractors that have a 

need to know the information for the 

purpose of assisting the Department’s 

efforts to respond to a suspected or 

confirmed breach of the security or 

confidentiality of information disclosed 

is relevant and necessary for that 

assistance. 

C. ADDITIONAL CIRCUMSTANCES AFFECTING

ROUTINE USE DISCLOSURES

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 

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: 

We will be storing records in 

hardcopy files and various electronic 

storage media (including DB2, Oracle, 

and other relational data structures). 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Notices 31445 

RETRIEVABILITY: 

Information is most frequently 

retrieved by first name, last name, 

middle initial, date of birth, or Social 

Security Number (SSN). 

SAFEGUARDS: 

HHS has safeguards in place for 

authorized users and monitors such 

users to ensure against 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 HHS policies 

and standards as they relate to 

information security and data privacy. 

These laws and regulations include 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 EGovernment Act of 2002, and the 

Clinger-Cohen Act of 1996. OMB 

Circular A–130, Management of Federal 

Resources, Appendix III, Security of 

Federal Automated Information 

Resources also applies. Federal, HHS, 

and HHS policies and standards include 

but are not limited to: all pertinent 

National Institute of Standards and 

Technology publications; and the HHS 

Information Systems Program 

Handbook. HHS will give a contractor, 

consultant, or HHS grantee the 

information necessary for the contractor 

or consultant to fulfill its duties. In 

these situations, safeguards are provided 

in the contract prohibiting the 

contractor, consultant, or grantee from 

using or disclosing the information for 

any purpose other than that described in 

the contract and requires the contractor, 

consultant, or grantee to return or 

destroy all information at the 

completion of the contract. Contractors 

are also required to provide the 

appropriate management, operational, 

and technical controls to secure the 

data. 

RETENTION AND DISPOSAL: 

Records are maintained with 

identifiers for all transactions after they 

are entered into the system for a period 

of 10 years. Records are housed in both 

active and archival files in accordance 

with HHS data and document 

management policies and standards. All 

sponsor applications, claims, and other 

program-related records are 

encompassed by the document 

preservation order and will be retained 

until notification is received from the 

Department of Justice. 

SYSTEM MANAGER AND ADDRESS: 

David Gardner, Acting Director, Early 

Retiree Reinsurance Division, Office of 

Insurance Programs, Office of Consumer 

Information and Insurance Oversight, 

U.S. Department of Health & Human 

Services, 200 Independence Avenue, 

SW., Suite 738F, Washington, DC 

20201. 

NOTIFICATION PROCEDURE: 

For purpose of notification, the 

subject individual should write to the 

system manager who will require the 

system name, and the retrieval selection 

criteria (e.g., name, SSN, etc.). 

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: 

Record source categories include 

program participants, individuals on 

whose behalf reimbursements are being 

sought, and those who voluntarily 

submit data and personal information 

for the ERRP program. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: 

None. 

[FR Doc. 2010–13178 Filed 6–2–10; 8:45 am] 

BILLING CODE 4150–65–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Agency for Healthcare Research and 

Quality 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request 

AGENCY: Agency for Healthcare Research 

and Quality, HHS. 

ACTION: Notice. 

SUMMARY: This notice announces the 

intention of the Agency for Healthcare 

Research and Quality (AHRQ) to request 

that the Office of Management and 

Budget (OMB) approve the proposed 

information collection project: 

‘‘Reductions of Infection Caused by 

Carbapenem Resistant 

Enterobacteriaceae (KPC) Producing 

Organisms through the Application of 

Recently Developed CDC/HICPAC 

Recommendations.’’ In accordance with 

the Paperwork Reduction Act, 44 U.S.C. 

3501–3520, AHRQ invites the public to 

comment on this proposed information 

collection. 

This proposed information collection 

was previously published in the Federal 

Register on March 31st, 2010 and 

allowed 60 days for public comment. No 

comments were received. The purpose 

of this notice is to allow an additional 

30 days for public comment. 

DATES: Comments on this notice must be 

received by July 6, 2010. 

ADDRESSES: Written comments should 

be submitted to: AHRQ’s OMB Desk 

Officer by fax at (202) 395–6974 

(attention: AHRQ’s desk officer) or by email at OIRA_submission@omb.eop.gov 

(attention: AHRQ’s desk officer). 

Copies of the proposed collection 

plans, data collection instruments, and 

specific details on the estimated burden 

can be obtained from the AHRQ Reports 

Clearance Officer. 

FOR FURTHER INFORMATION CONTACT: 

Doris Lefkowitz, AHRQ Reports 

Clearance Officer, (301) 427–1477, or by 

e-mail at 

doris.lefkowitz@AHRQ.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

Proposed Project 

Reductions of Infections Caused by 

Carbapenem Resistant 

Enterobacteriaceae (KPC) Producing 

Organisms Through the Application of 

Recently Developed CDC/HICPAC 

Recommendations. 

Healthcare Acquired Infections (HAIs) 

caused almost 100,000 deaths among 

the 2.1 million people who acquired 

infections while hospitalized in 2000, 

and HAI rates have risen relentlessly 


sroberts on DSKD5P82C1PROD with NOTICES