Notice2023-19174
Privacy Act of 1974; Matching Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 6, 2023
Issuing agencies
Health and Human Services DepartmentCenters for Medicare & Medicaid Services
Abstract
In accordance with 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 the re-establishment of a data exchange program between CMS and the Department of Homeland Security (DHS), United States Citizenship and Immigration Services (USCIS), "Verification of United States Citizenship and Immigration Status Data for Eligibility Determinations."
Full Text
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<title>Federal Register, Volume 88 Issue 171 (Wednesday, September 6, 2023)</title>
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[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Notices]
[Pages 60948-60949]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19174]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
Privacy Act of 1974; Matching Program
AGENCY: Center for Consumer Information and Insurance Oversight
(CCIIO), Centers for Medicare & Medicaid Services (CMS), Department of
Health and Human Services (HHS).
ACTION: Notice of a new matching program.
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SUMMARY: In accordance with 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 the re-establishment of
a data exchange program between CMS and the Department of Homeland
Security (DHS), United States Citizenship and Immigration Services
(USCIS), ``Verification of United States Citizenship and Immigration
Status Data for Eligibility Determinations.''
DATES: The deadline for comments on this notice is October 6, 2023. The
program will commence not sooner than 30 days after publication of this
notice, provided that no comments are received that warrant a change to
this notice. The program will be conducted for an initial term of 18
months (from approximately October 20, 2023, to April 19, 2025) and
within three months of expiration may be renewed for one additional
year if the parties make no change to the program and certify that the
program has been conducted in compliance with the agreement.
ADDRESSES: Interested parties may submit comments on the new program to
the CMS Privacy Act Officer by mail at: Division of Security, Privacy
Policy & Governance, Information Security & Privacy Group, Office of
Information Technology, Centers for Medicare & Medicaid Services, 7500
Security Blvd., Baltimore, MD 21244-1850, Mailstop: N1-14-56, or by
email at <a href="/cdn-cgi/l/email-protection#85c7e4f7e7e4f7e4abc1e0e8eaf5f0e9eaf6c5e6e8f6abededf6abe2eaf3"><span class="__cf_email__" data-cfemail="682a091a0a091a09462c0d0507181d04071b280b051b4600001b460f071e">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: If you have questions about the
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 443-
844-9966, by email at <a href="/cdn-cgi/l/email-protection#23424d4d460d534650574c63404e500d4b4b500d444c55"><span class="__cf_email__" data-cfemail="e687888883c89683959289a6858b95c88e8e95c8818990">[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. In carrying out this Agreement, both Parties will
follow requirements that apply to System of Records, and HHS will carry
out all of the requirements that apply to matching programs--under the
Privacy Act as amended (5 U.S.C. 552a) and the regulations and guidance
promulgated thereunder, including Office of Management and Budget (OMB)
Circular A-108 ``Federal Agency Responsibilities for Review, Reporting,
and Publication under the Privacy Act'' published at 81 FR 94424 (Dec.
23, 2016) and other OMB guidelines. The DHS Data Integrity Board has
not approved this program, but DHS/USCIS has approved the data exchange
agreement.
The Privacy Act requires agencies involved in a program that meets
the definition of a ``matching program'' in 5 U.S.C. 552a(a)(8) to
comply with the below requirements. HHS will provide all of the
required protections to:
1. Enter into a written agreement, provide a copy of the agreement
to Congress and the Office of Management and Budget (OMB), and make it
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).
Barbara Demopulos,
Privacy Act Officer, Division of Security, Privacy Policy and
Governance, Office of Information Technology, Centers for Medicare &
Medicaid Services.
Participating Agencies
The Department of Health and Human Services (HHS), Centers for
Medicare &
[[Page 60949]]
Medicaid Services (CMS) is the recipient agency, and the Department of
Homeland Security (DHS), United States Citizenship and Immigration
Services (USCIS) is the source agency.
Authority for Conducting the Matching Program
The principal authority for conducting the program is 42 U.S.C.
18001 et seq.
Purpose(s)
The program will provide CMS with USCIS data which CMS and state-
based administering entities will use to determine individuals'
eligibility for:
<bullet> initial enrollment in a Qualified Health Plan through an
Exchange established under the Patient Protection and Affordable Care
Act as amended by the Health Care and Education Reconciliation Act (42
U.S.C. 18001 et seq.);
<bullet> Insurance Affordability Programs (IAPs);
<bullet> certificates of exemption from the shared responsibility
payment; and
<bullet> redeterminations and renewal decisions, including appeal
determinations.
IAPs include advance payments of the premium tax credit and cost
sharing reductions; Medicaid; Children's Health Insurance Program; and
Basic Health Program.
Categories of Individuals
The individuals whose information will be used in the program are
consumers (applicants and enrollees) who receive the eligibility
determinations and redeterminations described in the preceding
PURPOSE(S) section.
Categories of Records
The categories of records used in the program are identity,
citizenship, and immigration status records. The data elements are
described below.
To request information from USCIS, CMS will query USCIS' Systematic
Alien Verification for Entitlements (SAVE) system using these data
elements: Last Name; First Name; Middle Name; Date of Birth; One or
More Immigration Number(s) (e.g., Alien Registration/USCIS Number,
Arrival-Departure Record I-94 Number, SEVIS ID Number, Certificate of
Naturalization Number, Certificate of Citizenship Number, or Unexpired
Foreign Passport Number); and Other Information from Immigration
Documentation (e.g. Country of Birth, Date of Entry, Employment
Authorization Category).
When the above-listed data that CMS uses to query the SAVE system
matches USCIS data in SAVE, USCIS will return query results to CMS that
include these additional data elements about each individual, as
relevant: Verification Case Number; Citizenship or Immigration Data
(e.g., immigration status/category, immigration class of admission,
and/or employment authorization); and Sponsorship Data (e.g., name,
address, and Social Security number of Form I-864/I-864EZ sponsors and
Form I-864A household members, when applicable).
System(s) of Records
The records used in this 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:
<bullet> CMS Health Insurance Exchanges System (HIX), System No.
09-70-0560, last published in full at 78 FR 63211 (Oct. 23, 2013) and
amended at 83 FR 6591 (Feb. 14, 2018). Routine use 3 permits CMS'
disclosures to USCIS.
<bullet> DHS/USCIS-004 Systematic Alien Verification for
Entitlements Program, 85 FR 31798 (May 27, 2020). Routine use I permits
USCIS' disclosures to CMS.
[FR Doc. 2023-19174 Filed 9-5-23; 8:45 am]
BILLING CODE 4120-03-P
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