[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Notices]
[Pages 30839-30841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13000]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services


Privacy Act of 1974; CMS Computer Match No. 2010-03, HHS Computer 
Match No. 1003, SSA Computer Match No. 1048, IRS Project No. 241

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

ACTION: Notice of renewal of an existing computer matching program 
(CMP) that has an expiration date of June 30, 2010.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, this notice announces the renewal of an existing CMP 
between CMS, the Internal Revenue Service (IRS), and the Social 
Security Administration (SSA). We have provided information about the 
matching program in the SUPPLEMENTARY INFORMATION section below. The 
Privacy Act provides an opportunity for interested persons to comment 
on the matching program. We may defer implementation of this matching 
program if we receive comments that persuade us to defer

[[Page 30840]]

implementation. See ``Effective Dates'' section below for comment 
period.

DATES: Effective Dates: CMS filed a report of the Computer Matching 
Program (CMP) with the Chair of the House Committee on Oversight and 
Government Reform, the Chair of the Senate Committee on Homeland 
Security and Governmental Affairs, and the Acting Administrator, Office 
of Information and Regulatory Affairs, Office of Management and Budget 
(OMB) on May 19, 2010. We will not disclose any information under a 
matching agreement until 40 days after filing a report to OMB and 
Congress or 30 days after publication in the Federal Register whichever 
is later.

ADDRESSES: The public should address comments to: Walter Stone, CMS 
Privacy Officer, Division of Information Security & Privacy Management, 
Enterprise Architecture and Strategy Group, Office of Information 
Services (OIS), CMS, Mail stop N1-24-08, 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. to 3 p.m., eastern daylight time.

FOR FURTHER INFORMATION CONTACT: John Albert, Technical Advisor, 
Division of Medicare Benefits Coordination, Financial Services Group, 
Office of Financial Management, CMS, Mail stop C3-14-16, 7500 Security 
Boulevard, Baltimore, Maryland 21244-1850. The telephone number is 
(410) 786-7457, or e-mail at <a href="/cdn-cgi/l/email-protection#713b1e191f5f301d1314030531121c025f1919025f161e07"><span class="__cf_email__" data-cfemail="a3e9cccbcd8de2cfc1c6d1d7e3c0ced08dcbcbd08dc4ccd5">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Description of the Matching Program

A. General

    The Computer Matching and Privacy Protection Act of 1988 (Pub. L. 
100-503) amended the Privacy Act (5 U.S.C. 552a) by describing the 
manner in which computer matching involving Federal agencies could be 
performed and adding certain protections for individuals applying for 
and receiving Federal benefits. Section 7201 of the Omnibus Budget 
Reconciliation Act of 1990 (Pub. L. 101-508) further amended the 
Privacy Act regarding protections for such individuals. The Privacy 
Act, as amended, regulates the use of computer matching by Federal 
agencies when records in a system of records are matched with other 
Federal, State, or local government records. It requires Federal 
agencies involved in computer matching programs to:

Negotiate written agreements with the other agencies participating in 
the matching programs;

Obtain the Data Integrity Board approval of the match agreements;

Furnish detailed reports about matching programs to Congress and OMB;

Notify applicants and beneficiaries that the records are subject to 
matching; and
Verify match findings before reducing, suspending, terminating, or 
denying an individual's benefits or payments.

B. CMS Computer Matches Subject to the Privacy Act

    CMS has taken action to ensure that all CMPs that this Agency 
participates in comply with the requirements of the Privacy Act of 
1974, as amended.

    Dated: May 21, 2010.
Michelle Snyder,
Deputy Chief Operating Officer, Centers for Medicare & Medicaid 
Services.
CMS Computer Match No. 2010-03
HHS Computer Match No. 1003
SSA Computer Match No. 1048
IRS Project No. 241

NAME:
    ``Medicare Secondary Payer (MSP) Program''.

SECURITY CLASSIFICATION:
    Level Three Privacy Act Sensitive.

PARTICIPATING AGENCIES:
    Internal Revenue Service (IRS), Social Security Administration 
(SSA), and the Centers for Medicare & Medicaid Services (CMS).

AUTHORITY FOR CONDUCTING MATCHING PROGRAM:
    This Matching Agreement between IRS, SSA and CMS is executed 
pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, (as 
amended by Pub. L. 100-503, the Computer Matching and Privacy 
Protection Act (CMPPA) of 1988), the Office of Management and Budget 
(OMB) Circular A-130, titled ``Management of Federal Information 
Resources'' at 61 FR 6428-6435 (February 20, 1996), and OMB guidelines 
pertaining to computer matching at 54 FR 25818 (June 19, 1989).
    This agreement implements the information matching provisions of 
Sec.  6103(l)(12) of the Internal Revenue Code (IRC) (26 U.S.C 
6103(1)(12)), and 1862(b)(5) of the Social Security Act (42 U.S.C. 
1395y(b)(5)).

PURPOSE(S) OF THE MATCHING PROGRAM:
    The purpose of this agreement is to establish the conditions under 
which: (1) IRS agrees to disclose return information relating to 
taxpayer identity to SSA, and (2) SSA agrees to disclose return 
information relating to beneficiary and employer identity, commingled 
with information disclosed by the IRS, to CMS. These disclosures will 
provide CMS with information to determine the extent to which any 
Medicare beneficiary is covered under any Group Health Plan (GHP).

CATEGORIES OF RECORDS AND INDIVIDUALS COVERED BY THE MATCH:
    IRS will disclose taxpayer identity information from the CADE 
(Customer Account Data Engine) Individual Master File (IMF), Treasury/
IRS 24.030, published at 73 FR 13304 (March 12, 2008), and maintained 
at the Martinsburg Computing Center in Martinsburg, West Virginia. This 
file includes millions of records of taxpayers who have filed Federal 
Individual Income Tax Returns. IRS established Project 241, IMF/
Medicare Beneficiary Match to facilitate this matching program.
    SSA will extract identifying information of Medicare beneficiaries 
from the Master Beneficiary Record (MBR), SSA/OSR 60-0090, published at 
71 FR. 1826 (January 11, 2006) and maintained at the National Computer 
Center (NCC) in Baltimore, MD. This file includes records of 
individuals who have received and are receiving benefits under the 
Social Security Act. SSA will extract employer identity information 
from the Earnings Recording and Self-employment Income System, SSA/0SR 
60-0059, referred to as the Master Earnings File (MEF) published at 71 
FR. 1819 (January 11, 2006) and maintained at the NCC. This file 
contains earnings records of individuals including identifying 
information of their employees. SSA will also extract employer name and 
address from the Employer Identification File (EIF).
    CMS will utilize a database, Medicare Advantage Prescription Drug 
System (MARx) CMS System No. 09-70-4001, published at 70 FR 60530 
(October 18, 2005), maintained at the CMS Data Center, located in 
Baltimore, Maryland, of the GHP information received from employers 
containing verified instances of employment and GHP coverage for 
Medicare beneficiaries and Medicare-eligible spouses identified from 
the IMF, EIF, and MEF extracts.
    CMS will match GHP information against the Medicare Multi Carrier 
Claims System (MCS) (formerly known as Carrier Medicare Claims 
Records), CMS System No. 09-70-0501, published at 71 FR. 64968 
(November 6, 2006), maintained at the CMS Data Center, located in 
Baltimore, Maryland.

[[Page 30841]]

These files contain information received from employers containing 
verified instances of employment and GHP coverage for Medicare 
beneficiaries and Medicare-eligible spouses identified from the IMF, 
EIF, and MEF extracts.
    CMS will match GHP information against the Fiscal Intermediary 
Shared System (FISS) (formerly known as Intermediary Medicare Claims 
Records), CMS System No. 09-70-0503, published at 71 FR 64961 (November 
6, 2006), maintained at the CMS Data Center, located in Baltimore, 
Maryland. This file contains information or records needed to properly 
process and pay Medicare benefits to, or on behalf of, eligible 
individuals. CMS accesses this file upon receiving a claim for payment.
    CMS will match GHP information against the Common Working File 
(CWF), CMS System No. 09-70-0526, published at 71 FR 64955 (November 6, 
2006), which is the repository data base for all current hospital and 
medical coverage MSP information, maintained at the CMS Data Center, 
located in Baltimore, Maryland. These files contain information or 
records needed to properly process and pay medical insurance benefits 
to, or on behalf of, entitled beneficiaries who have submitted claims 
for Supplementary Medical Insurance Benefits (Medicare Part B). CMS 
accesses this file upon receiving a claim for payment.
    CMS will match GHP information against the National Claims History 
(NCH), which is contained in the National Claims History File, CMS 
System No. 09-70-0558, published at 71 FR 67137 (November 20, 2006), 
maintained at the CMS Data Center, located in Baltimore, Maryland. NCH 
contains records needed to facilitate obtaining Medicare utilization 
review data that will be useful for studies of the operation and 
effectiveness of the Medicare program.

INCLUSIVE DATES OF THE MATCH:
    The Matching Program shall become effective 40 days after the 
report of the Matching Program is sent to OMB and Congress, or 30 days 
after publication in the Federal Register, which ever is later. The 
matching program will continue for 18 months from the effective date 
and may be extended for an additional 12 months thereafter, if certain 
conditions are met.

[FR Doc. 2010-13000 Filed 6-1-10; 8:45 am]
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