Notice2022-14096
Privacy Act of 1974; Matching Program
Primary source
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Published
July 1, 2022
Issuing agencies
Social Security Administration
Abstract
In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the Center for Medicare & Medicaid Services (CMS). This matching agreement establishes the terms, conditions, and safeguards under which CMS will disclose to SSA Medicare non-utilization information for Social Security Title II beneficiaries aged 90 and above. CMS will identify Medicare enrollees whose records have been inactive for three or more years. SSA will use this data as an indicator to select and prioritize cases for review to determine continued eligibility for benefits under Title II of the Social Security Act (Act). SSA will contact these individuals to verify ongoing eligibility. SSA will use this data for the purposes of fraud discovery and the analysis of fraud program operations; this agreement allows for SSA's Office of Anti-Fraud Programs (OAFP) to evaluate the data for the purposes of fraud detection. SSA will refer individual cases of suspected fraud, waste, or abuse to the Office of the Inspector General (OIG) for investigation.
Full Text
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<title>Federal Register, Volume 87 Issue 126 (Friday, July 1, 2022)</title>
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[Federal Register Volume 87, Number 126 (Friday, July 1, 2022)]
[Notices]
[Pages 39576-39577]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14096]
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SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA-2022-0019]
Privacy Act of 1974; Matching Program
AGENCY: Social Security Administration (SSA).
ACTION: Notice of a new matching program.
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SUMMARY: In accordance with the provisions of the Privacy Act, as
amended, this notice announces a new matching program with the Center
for Medicare & Medicaid Services (CMS). This matching agreement
establishes the terms, conditions, and safeguards under which CMS will
disclose to SSA Medicare non-utilization information for Social
Security Title II beneficiaries aged 90 and above. CMS will identify
Medicare enrollees whose records have been inactive for three or more
years. SSA will use this data as an indicator to select and prioritize
cases for review to determine continued eligibility for benefits under
Title II of the Social Security Act (Act). SSA will contact these
individuals to verify ongoing eligibility. SSA will use this data for
the purposes of fraud discovery and the analysis of fraud program
operations; this agreement allows for SSA's Office of Anti-Fraud
Programs (OAFP) to evaluate the data for the purposes of fraud
detection. SSA will refer individual cases of suspected fraud, waste,
or abuse to the Office of the Inspector General (OIG) for
investigation.
DATES: The deadline to submit comments on the proposed matching program
is August 1, 2022. The matching program will be applicable on July 1,
2022, or once a minimum of 30 days after publication of this notice has
elapsed, whichever is later. The matching program will be in effect for
a period of 18 months.
ADDRESSES: You may submit comments by any one of three methods--
internet, fax, or mail. Do not submit the same comments multiple times
or by more than one method. Regardless of which method you choose,
please state that your comments refer to Docket No. SSA-2022-0019 so
that we may associate your comments with the correct regulation.
Caution: You should be careful to include in your comments only
information that you wish to make publicly available. We strongly urge
you not to include in your comments any personal information, such as
Social Security numbers or medical information.
1. Internet: We strongly recommend that you submit your comments
via the internet. Please visit the Federal eRulemaking portal at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. Use the Search function to find docket
number SSA-2022-0019 and then submit your comments. The system will
issue you a tracking number to confirm your submission. You will not be
able to view your comment immediately because we must post each
submission manually. It may take up to a week for your comments to be
viewable.
2. Fax: Fax comments to (410) 966-0869.
3. Mail: Matthew Ramsey, Executive Director, Office of Privacy and
Disclosure, Office of the General Counsel, Social Security
Administration, G-401 WHR, 6401 Security Boulevard, Baltimore, MD
21235-6401, or emailing <a href="/cdn-cgi/l/email-protection#064b6772726e63712854676b75637f4675756728616970"><span class="__cf_email__" data-cfemail="feb39f8a8a969b89d0ac9f938d9b87be8d8d9fd0999188">[email protected]</span></a>. Comments are also
available for public viewing on the Federal eRulemaking portal at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> or in person, during regular business
hours, by arranging with the contact person identified below.
FOR FURTHER INFORMATION CONTACT: Interested parties may submit general
questions about the matching program to Melissa Feldhan, Division
Director, Office of Privacy and Disclosure, Office of the General
Counsel, Social Security Administration, G-401 WHR, 6401 Security
Boulevard, Baltimore, MD 21235-6401, at telephone: (410) 965-1416, or
send an email to <a href="/cdn-cgi/l/email-protection#bef3dbd2d7cdcddf90f8dbd2dad6dfd0fecdcddf90d9d1c8"><span class="__cf_email__" data-cfemail="0d406861647e7e6c234b686169656c634d7e7e6c236a627b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Matthew Ramsey,
Executive Director, Office of Privacy and Disclosure, Office of the
General Counsel.
Participating Agencies
SSA and CMS.
Authority for Conducting the Matching Program
The legal authority for this agreement is executed in compliance
with the Privacy Act of 1974 (5 U.S.C. 552a), as amended by the
Computer Matching and Privacy Protection Act (CMPPA) of 1988 (Pub. L.
100-503), including 5 U.S.C. 552a(b)(3); section 1106 of the Act (42
U.S.C. 1306); and Office of Management and Budget (OMB)
[[Page 39577]]
guidelines pertaining to computer matching at 54 FR 25818 (June 19,
1989).
Section 202 of the Act (42 U.S.C. 402) outlines the requirements
for eligibility to receive Old-Age, Survivors, and Disability Insurance
Benefits under Title II of the Act. Section 205(c) of the Act (42
U.S.C. 405) directs the Commissioner of Social Security to verify the
eligibility of a beneficiary.
This matching program employs CMS systems containing Protected
Health Information (PHI) as defined by Health and Human Services (HHS)
regulation ``Standards for Privacy of Individually Identifiable Health
Information'' (45 CFR 160 and 164 (78 FR 5566, Parts A and E, published
January 25, 2013)). PHI authorized by the routine uses may only be
disclosed by CMS if, and as permitted or required by the ``Standard for
Privacy in Individually Identifiable Health Information,'' (45 CFR
164.512d).
Purpose(s)
This matching program establishes the terms, conditions, and
safeguards under which CMS will disclose to SSA Medicare non-
utilization information for Social Security Title II beneficiaries aged
90 and above.
CMS will identify Medicare enrollees whose records have been
inactive for three or more years. SSA will use this data as an
indicator to select and prioritize cases for review to determine
continued eligibility for benefits under Title II of the Act. SSA will
contact these individuals to verify ongoing eligibility. In addition,
SSA will use this data for the purposes of fraud discovery and the
analysis of fraud program operations; this agreement allows for SSA's
OAFP to evaluate the data for purposes of fraud detection. SSA will
refer individual cases of suspected fraud, waste, or abuse to OIG for
investigation.
Categories of Individuals
The individuals whose information is involved in this matching
program are Social Security Title II beneficiaries aged 90 and above.
Categories of Records
SSA will provide CMS with a finder file containing the following
information for each individual: (a) Title II Claim Account Number
(CAN); (b) Title II Beneficiary Identification Code (BIC); (c) First
Name, (d) Last Name, and (e) Date of birth.
CMS will provide SSA with a response file containing the following
information for each individual: (a) CMS File Number (identified as a
Health Insurance Claim Number (HICN) or Medicare Beneficiary Identifier
(MBI)); (b) Whether CMS matched Beneficiary or individual is a Medicare
beneficiary; (c) Whether individual is a Medicaid recipient, (d)
Whether Medicare was used in the last 3 years; (e) Whether the
beneficiary is a part of an HMO; (f) Whether the beneficiary lives in a
nursing home; (g) Whether the beneficiary has private health insurance;
(h) Whether the beneficiary has veteran's health insurance; or (i)
Whether the beneficiary has Tricare insurance.
System(s) of Records
SSA will disclose to CMS information from the Master Beneficiary
Record (MBR) (60-0090), last fully published January 11, 2006 (71 FR
1826), amended on December 10, 2007 (72 FR 69723), July 5, 2013 (78 FR
40542), July 3, 2018 (83 FR 31250-31251), and November 1, 2018 (83 FR
54969).
SSA will retain any information from the CMS response file in the
Anti-Fraud Enterprise Solution (AFES) System of Records for OAFP fraud-
related analytics, or data that leads to OAFP to initiate a fraud
investigation (60-0388) published May 3, 2018 (83 FR 19588).
CMS will disclose to SSA information from the following Systems of
Record (SORs): (a) National Claims History (NCH) (09-70-0558),
published November 20, 2006 (71 FR 67137); (b) Enrollment Data Base
(EDB) (09-70-0502), published February 26, 2008 at 73 FR 10249; and (c)
The Long Term Care--Minimum Data Set (MDS) (90-70-0528), published
March 19, 2007 at 72 FR 12801.
SSA's and CMS's SORs have routine uses permitting the disclosures
needed to conduct this match.
[FR Doc. 2022-14096 Filed 6-30-22; 8:45 am]
BILLING CODE 4191-02-P
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