[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Notices]
[Pages 53922-53923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21632]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA 2008-0046]


Privacy Act of 1974, as Amended; Computer Matching Program; (SSA/
Centers for Medicare and Medicaid (CMS) Match Number 1076)

AGENCY: Social Security Administration (SSA).

ACTION: Notice of the renewal of an existing computer matching program 
which is scheduled to expire on October 15, 2008.

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SUMMARY: In accordance with the provisions of the Privacy Act, as 
amended, this notice announces the renewal of an existing computer 
matching program that SSA is currently conducting with CMS.

DATES: SSA will file a report of the subject matching program with the 
Committee on Homeland Security and Governmental Affairs of the Senate; 
the Committee on Oversight and Government Reform of the House of 
Representatives; and the Office of Information and Regulatory Affairs, 
Office of Management and Budget (OMB). The renewal of the matching 
program will be effective as indicated below.

ADDRESSES: Interested parties may comment on this notice by either 
telefax to (410) 965-0201 or writing to the Deputy Commissioner for 
Budget, Finance and Management, 800 Altmeyer Building, 6401 Security 
Boulevard, Baltimore, MD 21235-6401. All comments received will be 
available for public inspection at this address.

FOR FURTHER INFORMATION CONTACT: The Deputy Commissioner for Budget, 
Finance and Management as shown above.

SUPPLEMENTARY INFORMATION: 

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 
conditions under which computer matching involving the Federal 
government 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:
    (1) Negotiate written agreements with the other agency or agencies 
participating in the matching programs;
    (2) Obtain the approval of the matching agreement by the Data 
Integrity Boards (DIB) of the participating Federal agencies;
    (3) Publish notice of the computer matching program in the Federal 
Register;
    (4) Furnish detailed reports about matching programs to Congress 
and OMB;
    (5) Notify applicants and beneficiaries that their records are 
subject to matching; and
    (6) Verify match findings before reducing, suspending, terminating 
or denying an individual's benefits or payments.

B. SSA Computer Matches Subject to the Privacy Act

    We have taken action to ensure that all of SSA's computer matching 
programs comply with the requirements of the Privacy Act, as amended.

    Dated: August 27, 2008.
Mary Glenn-Croft,
Deputy Commissioner for Budget, Finance and Management.
Notice of Computer Matching Program, Social Security Administration 
(SSA) With the Centers for Medicare and Medicaid (CMS)

A. Participating Agencies
    SSA and CMS.

B. Purpose of the Matching Program
    The purpose of this agreement is to establish the conditions, terms 
and safeguards under which CMS agrees to the ongoing disclosure of 
certain skilled nursing facility admission data by CMS to SSA. CMS will 
disclose the data through a computer matching operation for SSA's use 
in identifying Supplemental Security Income (SSI) recipients who did 
not report their admission to a facility as required under applicable 
provisions of the Social Security Act (the Act). Such admission would 
subject the amount of SSI which an individual could receive for any 
month throughout which the individual is in such a facility to a 
reduced benefit rate. The SSI program provides payments to aged, blind 
and disabled recipients with income and resources below levels 
established by law and regulations.
    SSA will use other benefit information for the Title VIII, Special 
Veterans' Benefits (SVB) determinations of entitlement and benefit 
amount. Other benefit information is defined as any recurring payment 
received as an annuity, pension, retirement or disability benefit. The 
match will be used to identify those SVB beneficiaries who are no 
longer residing outside the United States.

C. Authority for Conducting the Matching Program
    This Matching Agreement between SSA and CMS is executed pursuant to 
the Privacy Act of 1974 (5 U.S.C. 552a), as amended (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).
    Legal authority for the SSI portion of the matching program 
described above is contained in sections 1611(e)(1)(A) and (B) and 
1631(f) of the Act (42 U.S.C. 1382(e)(1)(A) and (B) and 1383(f)); see 
also 20 CFR 416.211.
    Legal authority for the SVB portion of the matching program is 
contained in sections 801 and 806(a) and (b) of the Act (42 U.S.C. 1001 
and 1006(a) and (b)).

D. Categories of Records and Individuals Covered by the Matching 
Program
    SSA will provide CMS with a finder file on a monthly basis 
extracted from SSA's Supplemental Security Income Record and Special 
Veterans Benefits (SSR/SVB), SSA/ODSSIS 60-0103, with identifying 
information with respect to recipients of SSI benefits. CMS will match 
the SSA finder file against the system of records for individuals on 
the Long-Term Care Minimum Data Set

[[Page 53923]]

(LTC/MDS 09-70-1517), and submit their reply file to SSA no later than 
21 days after receipt of the SSA finder file. The Title VIII benefit 
information is included in the SSI system of records and is paid using 
SSA's SSI automated system. The indicator identifying Title VIII claims 
resides on the SSR, SSA/ODSSIS 60-0103, though it is not an SSI 
payment. Routine Use Number 19, effective January 11, 2006, allows 
disclosure to Federal, State or local agencies for administering cash 
or non-cash income maintenance or health maintenance programs.
    The Finder File that SSA will furnish to CMS will contain 
approximately 6\1/2\ million records of recipients of SSI and SVB. 
CMS's Reply File will contain the matched records. Each matched record 
will include a certain number of relevant MDS CMS appended records. CMS 
will provide SSA with the Provider of Service Information on the 
facilities involved in the match (e.g., provider name, address, 
telephone number, date of admission, date of discharge, projected 
length of stay, and payment source). The number of records for 
individuals returned to SSA will approximate 25,000 monthly.
    SSA will provide the Finder File to CMS as often as monthly. CMS 
will submit its Reply File to SSA no later than 21 days after receipt 
of the SSA Finder File.
    This matching program employs systems which contain Protected 
Health Information (PHI) as defined by HHS regulation ``Standards for 
Privacy of Individually Identifiable Health Information'' (45 CFR 160 
and 164, Subparts A and E) (65 FR 82462 (Dec. 28, 2000)). Disclosures 
of PHI authorized by these routine uses may only be made if, and as 
permitted, or required by the ``Standard for Privacy of Individually 
Identifiable Health Information''.

E. Inclusive Dates of the Matching Program
    The matching program will become effective no sooner than 40 days 
after notice of the matching program is sent to Congress and the Office 
of Management and Budget, or 30 days after publication of this notice 
in the Federal Register, whichever date 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. E8-21632 Filed 9-16-08; 8:45 am]
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