Notice2022-17788
Privacy Act of 1974; Matching Program
Primary source
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Published
August 18, 2022
Issuing agencies
Health and Human Services DepartmentCenters for Medicare & Medicaid Services
Abstract
In accordance with subsection (e)(12) of the Privacy Act of 1974, as amended, the Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS) is providing notice of a new matching program between CMS and the Department of the Treasury (Treasury), Internal Revenue Service (IRS), "Verification of Household Income and Family Size for Insurance Affordability Programs and Exemptions."
Full Text
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<title>Federal Register, Volume 87 Issue 159 (Thursday, August 18, 2022)</title>
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[Federal Register Volume 87, Number 159 (Thursday, August 18, 2022)]
[Notices]
[Pages 50861-50862]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17788]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
Privacy Act of 1974; Matching Program
AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of
Health and Human Services (HHS).
ACTION: Notice of new matching program.
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SUMMARY: In accordance with subsection (e)(12) of the Privacy Act of
1974, as amended, the Department of Health and Human Services (HHS),
Centers for Medicare & Medicaid Services (CMS) is providing notice of a
new matching program between CMS and the Department of the Treasury
(Treasury), Internal Revenue Service (IRS), ``Verification of Household
Income and Family Size for Insurance Affordability Programs and
Exemptions.''
[[Page 50862]]
DATES: The deadline for comments on this notice is September 19, 2022.
The re-established matching program will commence not sooner than 30
days after publication of this notice, provided no comments are
received that warrant a change to this notice. The matching program
will be conducted for an initial term of 18 months (from October 5,
2022 to April 4, 2024) and within 3 months of expiration may be renewed
for one additional year if the parties make no change to the matching
program and certify that the program has been conducted in compliance
with the matching agreement.
ADDRESSES: Interested parties may submit comments on the new matching
program to the CMS Privacy Officer by mail at: Division of Security,
Privacy Policy & Governance, Information Security & Privacy Group,
Office of Information Technology, Centers for Medicare & Medicaid
Services, Location: N1-14-56, 7500 Security Blvd., Baltimore, MD 21244-
1850, or by email to <a href="/cdn-cgi/l/email-protection#cc8eadbeaeadbeade288a9a1a3bcb9a0a3bf8cafa1bfe2a4a4bfe2aba3ba"><span class="__cf_email__" data-cfemail="9bd9fae9f9fae9fab5dffef6f4ebeef7f4e8dbf8f6e8b5f3f3e8b5fcf4ed">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: If you have questions about the
matching program, you may contact Anne Pesto, Senior Advisor,
Marketplace Eligibility and Enrollment Group, Center for Consumer
Information and Insurance Oversight, Centers for Medicare & Medicaid
Services, at 410-786-3492, by email at <a href="/cdn-cgi/l/email-protection#9efff0f0fbb0eefbedeaf1defdf3edb0f6f6edb0f9f1e8"><span class="__cf_email__" data-cfemail="c7a6a9a9a2e9b7a2b4b3a887a4aab4e9afafb4e9a0a8b1">[email protected]</span></a>, or by
mail at 7500 Security Blvd., Baltimore, MD 21244.
SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, as amended (5
U.S.C. 552a) provides certain protections for individuals applying for
and receiving federal benefits. The law governs the use of computer
matching by federal agencies when records in a system of records
(meaning, federal agency records about individuals retrieved by name or
other personal identifier) are matched with records of other federal or
non-federal agencies. The Privacy Act requires agencies involved in a
matching program to:
1. Enter into a written agreement, which must be prepared in
accordance with the Privacy Act, approved by the Data Integrity Board
of each source and recipient federal agency, provided to Congress and
the Office of Management and Budget (OMB), and made available to the
public, as required by 5 U.S.C. 552a(o), (u)(3)(A), and (u)(4).
2. Notify the individuals whose information will be used in the
matching program that the information they provide is subject to
verification through matching, as required by 5 U.S.C. 552a(o)(1)(D).
3. Verify match findings before suspending, terminating, reducing,
or making a final denial of an individual's benefits or payments or
taking other adverse action against the individual, as required by 5
U.S.C. 552a(p).
4. Report the matching program to Congress and the OMB, in advance
and annually, as required by 5 U.S.C. 552a(o) (2)(A)(i), (r), and
(u)(3)(D).
5. Publish advance notice of the matching program in the Federal
Register as required by 5 U.S.C. 552a(e)(12).
This matching program meets these requirements.
Barbara Demopulos,
Privacy Act Officer, Division of Security, Privacy Policy and
Governance, Information Security and Privacy Group, Office of
Information Technology, Centers for Medicare & Medicaid Services.
Participating Agencies
The Department of Health and Human Services (HHS), Centers for
Medicare & Medicaid Services (CMS) is the recipient agency, and the
Department of the Treasury (Treasury), Internal Revenue Service (IRS)
is the source agency.
Authority for Conducting the Matching Program
The statutory authority for the matching program is 42 U.S.C.
18001.
Purpose(s)
The purpose of the matching program is to provide CMS with IRS
return information which CMS and state-based administering entities
(AEs) will use to verify household income and family size for
applicants and enrollees receiving eligibility determinations and
redeterminations for benefits under the Patient Protection and
Affordable Care Act (PPACA), including: enrollment in a Qualified
Health Plan (QHP) or a state's Basic Health Plan (BHP) through the
federally-facilitated Exchange (FFE) or a state-based Exchange (SBE);
advance payments of the premium tax credit (APTC); a cost sharing
reduction (CSR); enrollment in Medicaid and the Children's Health
Insurance Program (CHIP); and certain certificates of exemption.
Categories of Individuals
The individuals whose information will be used in the matching
program are consumers (applicants and enrollees) who receive the
eligibility determinations and redeterminations described in the
preceding Purpose(s) section (in particular, taxpayers whose return
information is requested from IRS to verify an applicant's or
enrollee's household income and family size).
Categories of Records
The categories of records used in the matching program are identity
information and return information (specifically, household income and
family size information). To request return information from IRS, CMS
will provide IRS with the relevant taxpayer's name, social security
number (SSN), and relationship to the applicant(s) or enrollee(s)
(i.e., primary, spouse, or dependent). When IRS is able to match the
SSN and name provided by CMS and return information is available, IRS
will disclose to CMS the following items of return information with
respect to that taxpayer:
1. SSN;
2. family size;
3. tax filing status;
4. modified adjusted gross income (MAGI);
5. taxable Social Security benefits;
6. adjusted gross income (AGI) for adjusted tax returns;
7. taxable year with respect to which the preceding information
relates or, if applicable, the fact that such information is not
available; and
8. any other specified item of return information authorized
pursuant to 26 U.S.C. 6103(1)(21) and its implementing regulations.
System(s) of Records
The records used in this matching program will be disclosed from
the following systems of records, as authorized by routine uses
published in the System of Records Notices (SORNs) cited below:
A. System of Records Maintained by CMS
<bullet> CMS Health Insurance Exchanges System (HIX), CMS System
No. 09-70-0560, last published in full at 78 FR 63211 (Oct. 23, 2013),
as amended at 83 FR 6591 (Feb. 14, 2018).
B. System of Records Maintained by IRS
<bullet> Customer Account Data Engine (CADE) Individual Master
File, Privacy Act SOR Treasury/IRS 24.030, published at 80 FR 54064
(Sept. 8, 2015).
[FR Doc. 2022-17788 Filed 8-17-22; 8:45 am]
BILLING CODE 4120-03-P
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