Notice2023-24263
Privacy Act of 1974; Matching Program
Primary source
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Published
November 3, 2023
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 Centers for Medicare & Medicaid Services (CMS). Under this matching program, the CMS will disclose to SSA certain individuals' admission and discharge information for care received in a nursing care facility covered by the agreement. SSA will use this information to administer the Supplemental Security Income (SSI) program efficiently and to identify Special Veterans' Benefits (SVB) beneficiaries who are no longer residing outside of the United States.
Full Text
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<title>Federal Register, Volume 88 Issue 212 (Friday, November 3, 2023)</title>
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[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Notices]
[Pages 75636-75637]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24263]
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SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA-2023-2011]
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 Centers
for Medicare & Medicaid Services (CMS). Under this matching program,
the CMS will disclose to SSA certain individuals' admission and
discharge information for care received in a nursing care facility
covered by the agreement. SSA will use this information to administer
the Supplemental Security Income (SSI) program efficiently and to
identify Special Veterans' Benefits (SVB) beneficiaries who are no
longer residing outside of the United States.
DATES: The deadline to submit comments on the proposed matching program
is December 4, 2023.
The matching program will be applicable on December 20, 2023, 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-2023-2011 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-2023-2011 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 1(833) 410-1631.
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#f7ba9683839f9280d9a5969a84928eb7848496d9909881"><span class="__cf_email__" data-cfemail="34795540405c51431a66555947514d744747551a535b42">[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 Cynthia Scott, 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) 966-1943, or
send an email to <a href="/cdn-cgi/l/email-protection#a5e6dccbd1cdccc48bf6c6cad1d1e5d6d6c48bc2cad3"><span class="__cf_email__" data-cfemail="793a00170d111018572a1a160d0d390a0a18571e160f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: None.
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:
This matching agreement between CMS and SSA is executed pursuant to
the Privacy Act of 1974, 5 U.S.C. 552a, as amended by the Computer
Matching and Privacy Protection Act of 1988, Public Law 100-503, and
the regulations promulgated thereunder.
Legal authority for the SSI portion of the matching program is
contained in sections 1611(e)(1) and 1631(f) of the Social Security Act
(Act) (42 U.S.C. 1382(e)(1) and 1383(f)), and 20 Code of Federal
Regulations (CFR) 416.211. Section 1611(e)(1)(B) of the Act (42 U.S.C.
1382(e)(1)(B)) limits the amount of SSI benefits that eligible
individuals or their eligible spouse may receive when that individual
is, throughout any month, in a medical treatment facility receiving
payments (with respect to such individual or spouse), under a State
plan approved under title XIX of the Act, or the amount of benefits an
eligible child under the age of 18 may receive who is receiving
payments under any health insurance policy issued by a private
provider.
Sections 801 and 806(a) and (b) of the Act (42 U.S.C. 1001 and
1006(a) and (b)) contain the legal authorities for the SVB portion of
the matching program.
[[Page 75637]]
Section 1631(f) of the Act (42 U.S.C. 1383(f)) requires CMS to
provide SSA with ``such information as the Commissioner of [SSA] needs
for purposes of determining eligibility for or amount of benefits, or
verifying other information with respect thereto.''
Additional legal authority for CMS' disclosures under this
agreement is 45 CFR 164.512(a) (``Standard: Uses and disclosures
required by law,'' also referred to as the Health Insurance Portability
and Accountability Act of 1996 Privacy Rule). The legal authority for
SSA to reimburse CMS under this interagency transaction is the Economy
Act, 31 U.S.C. 1535.
PURPOSE(S):
This matching program establishes the conditions under which CMS
will disclose to SSA certain individuals' admission and discharge
information for care received in a nursing care facility covered by the
agreement. SSA will use this information to administer the SSI program
efficiently and to identify SVB beneficiaries who are no longer
residing outside of the United States.
CATEGORIES OF INDIVIDUALS:
The individuals whose information is involved in this matching
program are receipients of SSI and SVB benefits.
CATEGORIES OF RECORDS:
SSA will provide CMS with a monthly finder file, which will be
extracted from SSA's SSI and SVB's records. The finder file will
consist of data elements related to an individual's SSI/SVB
eligibility. CMS will match the SSA finder file against data maintained
pursuant to the Long Term Care-Minimum Data Set (LTC/MDS) systems of
records.
SYSTEM(S) OF RECORDS:
SSA will provide CMS with a monthly finder file, which will be
extracted from SSA's SSI and SVB's records, 60-0103, last fully
published on January 11, 2006 (71 FR 1830); and amended on December 10,
2007 (72 FR 69723), July 3, 2018 (83 FR 31250-31251), and November 1,
2018 (83 FR 54969).
CMS will match the SSA finder file against data maintained pursuant
to the LTC/MDS (System Number 09-70-0528) SOR, last fully published on
March 19, 2007 (72 FR 12801), and amended on April 23, 2013 (78 FR
23938), May 29, 2013 (78 FR 32257), and February 14, 2018 (83 FR 6591);
and submit its response file to SSA.
[FR Doc. 2023-24263 Filed 11-2-23; 8:45 am]
BILLING CODE 4191-02-P
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