[Federal Register: May 12, 2004 (Volume 69, Number 92)]
[Notices]
[Page 26419-26420]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12my04-84]
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OFFICE OF PERSONNEL MANAGEMENT
Privacy Act of 1974, as Amended: Computer Matching Program
Between OPM/Centers for Medicare and Medicaid Services, Department of
Health and Human Services
AGENCY: Office of Personnel Management.
ACTION: Notice of computer matching program.
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SUMMARY: In accordance with the provisions of the Privacy Act, as
amended, the notice announces a computer matching program that OPM
plans to conduct with CMS.
DATES: OPM will file a report of the subject matching program with the
Committee on governmental Affairs of the Senate, the Committee on
Government reform and Oversight of the House of Representatives and the
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB). The matching program will be effective 40 days after the
Federal Register notice has been published and the letter to Congress
and OMB have been issued.
ADDRESSES: Interested parties may comment on this notice by writing to
Maurice O. Duckett, Assistant Director for RIS Support Services
Programs, Office of Personnel Management, 1900 E. Street, NW., Room
1312, Washington, DC 20415. All comments received will be available for
public inspection at this address.
FOR FURTHER INFORMATION CONTACT: Contact Marc Flaster, Chief,
Management Information Branch 1900 E Street, NW., Room 4316 Washington,
DC 20415, telephone number (202) 606-2115.
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 establishing 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. Among other
things, 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 match agreement by the Data
Integrity Branch (DIB) of the participating Federal agencies.;
(3) Furnish detailed reports about matching programs to Congress
and OMB;
(4) Notify applicants and beneficiaries that their records are
subject to matching; and
(5) Verify match findings before reducing suspending, terminating
or denying an individual's benefits or payments.
B. OPM Computer Matches Subject to the Privacy Act
We have taken action to ensure that all of OPM's computer matching
programs with the requirements of the Privacy Act, as amended.
Kay Coles James,
Director, Office of Personnel Management.
Notice of Computer Matching Program, Office of Personnel Management
(OPM) With the Centers for Medicare and Medicaid Services (CMS),
Department of Health and Human Services
A. Participating Agencies
OPM and CMS.
[[Page 26420]]
B. Purpose of the Matching Program
The purpose of this agreement is to establish the conditions under
which OPM and CMS can implement the terms and provisions of CMS's
Employer Voluntary Data Sharing Agreement, which will also include the
Internal Revenue Service/Social Security Administration/CMS Data Match
Questionnaire process. Under the terms of the matching agreement, OPM
agrees to provide coverage eligibility data to CMS ad furthermore CMS
agrees to consider our compliance with this agreement to constitute
satisfaction of its statutory obligations. CMS agrees to provide
coverage eligibility data to OPM on active as well as inactive
employees and their spouses for whom the employer provides group health
coverage. These disclosures will provide CMS with information for use
in determining the extent to which any Medicare beneficiary is covered
under the Federal Employees Health Benefits Programs (FEHBP). These
disclosures will enable CMS to identify instances where Medicare is the
secondary payer for working, nonPostal, Federal civilian employees and
their spouses who have primary insurance because of their Federal
employment or because of their spouse's Federal employment. This
computer-matching program will result in systematic, improved
coordination of benefits between Medicare and FEHBP through data
sharing.
C. Authority for Conducting the Matching Program
The provisions of the Social Security Act known as the Medicare
Secondary Payer (MSP) laws, codified at 42 U.S.C. 1395y(b), shift from
Medicare to certain group health plans (GHPs) primary payment
responsibility for certain Medicare beneficiaries to the extent that
the medical expenses of those Medicare beneficiaries are also covered
by a GHP. The MSP provisions are found at the above citation, as
amended, excepting 42 U.S.C. 1395y(b)(2)(A)(ii) and the regulations
related to the statute, as amended and currently found at 42 CFR
411.20-.37, 411.100-.130, 411.160-.175, and 411.200-.206.
D. Categories of Records and Individuals Covered by the Match
OPM will disclose information from two major records systems, the
Central Personnel Data File, last published as OPM/GOV-1, General
Personnel Records System (65 FR 24732, April 27, 2000), and the annuity
roll systems, last published as OPM/Central-1, Civil Service Retirement
and Insurance Records, (64 FR 54930, October 8, 1999, as amended May 3,
2000 (65 FR 25775). CMS will use OPM's submission of data to update the
CMS Common Working File, System Number 09-70-0526, published at 53 FR
52792, December 29, 1988. CMS will further use its Enrollment Data
Base, found in System No. 09-70-0502 to determine Medicare eligibility
for the records exchanged between the two agencies.
E. Privacy Safeguard and Security
The personal privacy of the individuals whose names are included in
the tapes is protected by strict adherence to the provisions of the
Privacy Act of 1974 and OMB's ``Guidance Interpreting the Provisions of
Public Law 100-503, the Computer Matching and Privacy Protection Act of
1988.'' Access to the records used in the data exchange is restricted
to only those authorized employees and officials who need it to perform
their official duties. Records matched or created will be stored in an
area that is physically safe from access by unauthorized personnel
during duty hours as well as nonduty hours or when not in use. Records
used in this exchange and any records created by this exchange will be
processed under the immediate supervision and control of authorized
personnel in a manner which will protect the confidentiality of the
records.
Both OPM and CMS have the right to make onsite inspections or make
other provisions to ensure that adequate safeguards are being
maintained by the other agency.
F. Inclusive Dates of the Match
The matching program shall become effective upon the signing of the
agreement by both parties to the agreement and approval of the
agreement by the Data Integrity Boards of the respective agencies, but
no sooner than 40 days after notice of this 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 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. 04-10726 Filed 5-11-04; 8:45 am]
BILLING CODE 6325-38-M