Notice2024-20061
Privacy Act of 1974; System of Records
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, 2024
Effective
October 11, 2024
Issuing agencies
Personnel Management Office
Abstract
In accordance with the Privacy Act of 1974, the Office of Personnel Management (OPM) proposes to modify the current system of records titled "OPM/Central-23 FEHB Program Enrollment Records." This system of records contains information about enrollees and their family members, who are or have been covered under the Federal Employees Health Benefits (FEHB) Program. The modification is necessary to add categories of records and record source categories to the system of records based upon information exchange necessary to implement the Postal Service Health Benefits (PSHB) Program and meet requirements under the Postal Service Reform Act of 2022 (PSRA). The modification is also necessary to clarify in the Purposes section that references in the system of records to the "FEHB Program" or "FEHB" will encompass the PSHB Program, a separate program within the FEHB Program. In addition, OPM is taking this opportunity to clarify two existing routine uses and make a technical correction to the Administrative, Technical, and Physical Safeguards section. We have also updated the policies and practices for retention and disposal of records to reflect that a new schedule that will incorporate Postal Service records is currently under review by the National Archives and Records Administration (NARA).
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 173 (Friday, September 6, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 173 (Friday, September 6, 2024)]
[Notices]
[Pages 72902-72905]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20061]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF PERSONNEL MANAGEMENT
Privacy Act of 1974; System of Records
AGENCY: U.S. Office of Personnel Management, Healthcare and Insurance.
ACTION: Notice of modified system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Office of
Personnel Management (OPM) proposes to modify the current system of
records titled ``OPM/Central-23 FEHB Program Enrollment Records.'' This
system of records contains information about enrollees and their family
members, who are or have been covered under the Federal Employees
Health Benefits (FEHB) Program. The modification is necessary to add
categories of records and record source categories to the system of
records based upon information exchange necessary to implement the
Postal Service Health Benefits (PSHB) Program and meet requirements
under the Postal Service Reform Act of 2022 (PSRA). The modification is
also necessary to clarify in the Purposes section that references in
the system of records to the ``FEHB Program'' or ``FEHB'' will
encompass the PSHB Program, a separate program within the FEHB Program.
In addition, OPM is taking this opportunity to clarify two existing
routine uses and make a technical correction to the Administrative,
Technical, and Physical Safeguards section. We have also updated the
policies and practices for retention and disposal of records to reflect
that a new schedule that will incorporate Postal Service records is
currently under review by the National Archives and Records
Administration (NARA).
DATES: Please submit comments on or before October 7, 2024. This new
system is effective upon today's publication in the Federal Register,
with the exception of new or modified routine uses, which are effective
October 11, 2024.
ADDRESSES: You may submit written comments by one of the following
methods:
<bullet> Federal Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments. All submissions
received must include the agency name and docket number for this
Federal Register document. The general policy for comments and other
submissions from members of the public is to make these submissions
available for public viewing at <a href="https://www.regulations.gov">https://www.regulations.gov</a> as they are
received without change, including any personal identifiers or contact
information.
<bullet> Mail: Padma Babubhai Shah, Senior Policy Analyst,
Healthcare and Insurance, Office of Personnel Management, Suite 3468,
1900 E Street NW, Washington, DC 20415.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact
Padma Babubhai Shah, Senior Policy Analyst, 202-606-4056. For privacy
questions, please contact Kirsten J. Moncada, Senior Agency Official
for Privacy, <a href="/cdn-cgi/l/email-protection#5222203b2433312b123d223f7c353d24"><span class="__cf_email__" data-cfemail="bacac8d3ccdbd9c3fad5cad794ddd5cc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,
5 U.S.C. 552a, the Office of Personnel Management proposes to modify a
system of records titled ``OPM/Central-23, FEHB Program Enrollment
Records.'' This system of records supports OPM's administration of the
Federal Employees Health Benefits (FEHB) Program and contains
information about enrollees and their family members, who are or have
been covered under the FEHB Program. The records are used for business
processes related to eligibility verification, enrollment transactions,
enrollment reconciliation, and premium collection; and to support the
evaluation of the effectiveness of the FEHB Program through statistical
analysis, policy planning, and reporting. To effectuate these purposes,
OPM also uses contracts and interagency agreements.
[[Page 72903]]
Established in 1960 through the Federal Employees Health Benefits
Act of 1959, 5 U.S.C. 8901 et seq., the FEHB Program is the largest
employer-sponsored group health insurance program in the world,
covering over 8 million individuals. Covered individuals, as defined in
5 CFR 890.101, include employees of the Federal government, annuitants,
members of their families, former spouses, and miscellaneous groups,
enumerated in 5 U.S.C. 8901; United States Postal Service employees and
annuitants, pursuant to 39 U.S.C. 1005; tribal employees, pursuant to
25 U.S.C. 1647b; and separated employees and former dependents who are
eligible for Temporary Continuation of Coverage under 5 U.S.C. 8905a.
Section 101 of the Postal Service Reform Act of 2022 (PSRA) added
new section 8903c to chapter 89 of title 5, United States Code. The
statute directs OPM to establish the Postal Service Health Benefits
(PSHB) Program as a new, separate program within the FEHB Program.
Beginning in 2025, Postal Service employees, Postal Service annuitants,
and their eligible family members will obtain health benefits coverage
through PSHB plans. Accordingly, OPM proposes to modify the Purpose
section of this system of records notice to indicate that references to
the ``FEHB Program'' or ``FEHB'' (e.g., FEHB enrollment code) include
the ``PSHB Program'' or ``PSHB.'' Administrative actions associated
with the launch of the PSHB Program will be required prior to January
1, 2025. For this reason, upon the effective date of this notice,
references to the ``FEHB Program'' or ``FEHB'' will include the ``PSHB
Program'' or ``PSHB.''
As part of implementing the PSHB Program, OPM will be required to
exchange information with other federal agencies to determine whether
certain Postal Service annuitants and their family members are subject
to the requirement that they enroll in Medicare Part B to enroll or
continue enrollment in a PSHB plan and, if so, whether they can
establish one of the exceptions to this requirement. These requirements
necessitate the addition of categories of records and record source
categories to this system of records.
Accordingly, OPM proposes to modify this system of records to add
two categories of records: ``gg. Information related to enrollment in
health care benefits provided by the Department of Veterans Affairs''
and ``hh. Information related to eligibility for health services from
the Indian Health Service.'' These record categories are being added
because the information in both categories may be collected to
establish whether certain Postal Service annuitants and their family
members can establish an exception to the Medicare Part B enrollment
requirement in order to enroll or continue enrollment in a PSHB plan.
In addition, OPM proposes to modify this system of records to expand
record source categories to include the Social Security Administration
and other federal agencies as information from other agencies may need
to be collected to establish the eligibility of Postal Service
employees, annuitants, and their family members to enroll or continue
enrollment in a PSHB plan.
A technical correction has been made to the ``ADMINISTRATIVE,
TECHNICAL, AND PHYSICAL SAFEGUARDS'' section. Specifically, this
section now clarifies that OPM security measures are in compliance with
the both the Federal Information Security Modernization Act of 2002 and
the Federal Information Security Modernization Act of 2014, which
amended the 2002 law. Previously, there was a citation only to the 2014
law. Additionally, previous routine uses (a) and (b) have been revised
to more clearly describe the disclosures covered--the disclosures
covered by previous routine use (a) will now be covered in routine uses
(a) and (b); the disclosures covered by previous routine use (b) will
now be covered in routine use (c). The original routine uses will
receive a new letter designation to accommodate this change.
The policies and practices for retention and disposal of records
have been updated to reflect that a new schedule that will incorporate
Postal Service records is currently under review.
In accordance with 5 U.S.C. 552a(r), OPM has provided a report of
this modified system of records to the Office of Management and Budget
and to Congress. This modified system of records will be included in
OPM's inventory of record systems.
U.S. Office of Personnel Management.
Stephen D. Hickman,
Federal Register Liaison.
SYSTEM NAME AND NUMBER:
FEHB Program Enrollment Records, OPM/Central-23
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Healthcare and Insurance, Office of Personnel Management, 1900 E
Street NW, Washington, DC 20415, is responsible for this system of
records. The records are maintained at OPM's data center in Macon,
Georgia, and through an interagency agreement with the U.S. Department
of Agriculture's National Finance Center in New Orleans, Louisiana.
SYSTEM MANAGER(S):
Associate Director, Healthcare and Insurance, Office of Personnel
Management, 1900 E Street NW, Washington, DC 20415.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. chapter 89, Health Insurance; 25 U.S.C. 1647b, (Tribal)
Access to Federal Insurance; 39 U.S.C. 1005, Applicability of Laws
Relating to Federal Employees; and 5 CFR part 890.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records is to support the
administration of the Federal Employees Health Benefits (FEHB) Program,
including business processes related to eligibility verification,
enrollment transactions, enrollment reconciliation, and premium
collection; and to support the evaluation of the effectiveness of the
FEHB Program through auditing, statistical analysis, policy planning,
and reporting. To effectuate these purposes, OPM also uses contracts
and interagency agreements. References to the ``FEHB Program'' or
``FEHB'' encompass the Postal Service Health Benefits Program (``PSHB
Program'' or ``PSHB''), a separate program within the FEHB Program.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Enrollees (defined in 5 CFR 890.101) and their family members, who
are or have been covered under the FEHB Program.
CATEGORIES OF RECORDS IN THE SYSTEM:
a. Full name, including any former names;
b. Social Security number, or other current or previous unique
identification number(s);
c. Date of birth;
d. Date of death;
e. Sex;
f. Relationship code of any covered family member(s) to enrollee;
g. Mailing address;
h. Indicator for non-deliverable mailing address;
i. Date mailing address information was last processed;
j. Marital status;
k. Email address;
l. Enrollee's employment status;
m. Enrollee's employing office, including name and Personnel Office
Identifier;
[[Page 72904]]
n. Enrollee's payroll office number;
o. Event code indicating the qualifying life event which permitted
enrollment, a change in enrollment, or enrollment cancellation;
p. Transaction code indicating the most recent action that resulted
in the creation or change of enrollment;
q. Date enrollment record was processed;
r. FEHB enrollment code, indicating plan, plan option, and
enrollment type (Self Only, Self Plus One, or Self and Family);
s. Group insurance account identifier;
t. Effective date of FEHB coverage and any change in coverage;
u. Agency payroll office effective date;
v. Agency payroll office enrollment match code;
w. Code indicating the reason a family member's eligibility became
effective;
x. End date of FEHB coverage, including possible 31-day extension;
y. Reason code for FEHB coverage termination;
z. Retirement claim number;
aa. Date employee retired;
bb. Date enrollee is reemployed by the Federal government;
cc. Medicare status, forms of Medicare coverage, and Medicare
Beneficiary Identifier (formerly Medicare Claim Number);
dd. Other insurance, including name and policy number;
ee. Information related to tribal bank accounts in which FEHB
premiums are maintained for monthly withdrawal;
ff. Information necessary to verify family member eligibility,
including but not limited to marriage certificates, birth certificates,
and other information as set forth in OPM guidance;
gg. Information related to enrollment in health care benefits
provided by the Department of Veterans Affairs; and
hh. Information related to eligibility for health services from the
Indian Health Service.
RECORD SOURCE CATEGORIES:
Records are obtained from employing agencies and retirement
systems, FEHB Carriers, shared service centers, the Centers for
Medicare & Medicaid Services, the Social Security Administration and
other federal agencies, Official Personnel Folders, retirement records
and indirectly from individuals who participate in the FEHB Program.
Note: With the establishment of this SORN, although enrollment records
may continue to be maintained in other systems of records, Central-23
becomes the official, first line source for enrollment records.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside OPM as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
a. In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body, when OPM or another agency
representing OPM determines that the records are relevant and necessary
to the proceeding; or in an appropriate proceeding before an
administrative or adjudicative body when the adjudicator determines the
records to be relevant to the proceeding.
b. To the Department of Justice when (a) OPM, or any component
thereof; (b) any OPM employee in their official capacity; (c) any OPM
employee in their individual capacity where the Department of Justice
has agreed to represent the employee; or (d) the United States, where
OPM determines that litigation is likely to affect OPM or any of its
components, is a party to litigation or has an interest in such
litigation, and the use of such records by the Department of Justice is
deemed by OPM to be relevant and necessary to the litigation.
c. Where a record, either alone or in conjunction with other
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be
referred to the appropriate federal, state, local, territorial, tribal,
or foreign law enforcement authority or other appropriate entity
charged with the responsibility for investigating or prosecuting such
violation or charged with enforcing or implementing such law.
d. To a member of Congress from the record of an individual in
response to an inquiry made at the request of the individual to whom
the record pertains.
e. To the National Archives and Records Administration (NARA) for
records management inspections being conducted under the authority of
44 U.S.C. 2904 and 2906.
f. To appropriate agencies, entities, and persons when (1) OPM
suspects or has confirmed that there has been a breach of the system of
records, (2) OPM has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, OPM (including
its information systems, programs, and operations), the Federal
Government, or national security; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with OPM's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
g. To another Federal agency or Federal entity, when OPM determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national security, resulting from a suspected or
confirmed breach.
h. To contractors, grantees, experts, consultants, or volunteers
performing or working on a contract, service, grant, cooperative
agreement, or other assignment for OPM when necessary to accomplish an
agency function related to this system of records. Individuals provided
information under this routine use are subject to the same Privacy Act
requirements and limitations on disclosure as are applicable to OPM
employees.
i. To employing offices, shared service centers, and FEHB Carriers,
information necessary to identify, reconcile, and audit enrollment in a
plan; to verify eligibility for or coverage under the FEHB Program; to
verify eligibility for payment of a claim for health benefits; and to
carry out coordination of benefits.
j. To any source, including employing offices, from which
additional information is requested relevant to OPM determination on an
individual's eligibility for or enrollment in the FEHB Program, to the
extent necessary to identify the individual and the type of information
requested.
k. To an official of another Federal agency, information needed in
the performance of official duties related to reconciling or
reconstructing data files; compiling descriptive statistics; and/or
making analytical studies to support the function for which the records
were collected and maintained.
l. To a spouse or dependent child (or court-appointed guardian
thereof) of an FEHB enrollee whether the enrollee has made enrollment
changes, including changing FEHB plans; cancelling or suspending FEHB
enrollment; and changing from a Self and Family to a Self Plus One or
Self Only health benefits enrollment, or from a Self Plus One to Self
Only health benefits enrollment.
[[Page 72905]]
m. To provide an official of another Federal agency information
needed in the performance of official duties related to Federal
employee health benefits counseling, customer service, or operational
readiness.
n. To the following recipients, information needed to conduct an
analytical study of benefits being paid under the FEHB Program or the
recipient's benefits program(s): Federal, State, or local agencies.
o. To the following recipients, information needed to adjudicate a
claim for benefits under the FEHB Program or the recipient's benefits
program(s): Federal, State, or local agencies.
p. To another Federal or non-Federal entity, information needed to
verify enrollment information through the use of computer matching
agreements under the Privacy Act of 1974, as amended (5 U.S.C. 552a).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
These records in this system of records are stored electronically
on OPM's servers hosted at an OPM data center and at the U.S.
Department of Agriculture's National Finance Center. Access to the
electronic systems is restricted to authorized users with a need to
know.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
These records in this system of records are retrieved primarily by
name and Social Security number but may be retrieved by any personal
identifier.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The current records retention schedule, which covers health benefit
enrollments, is numbered DAA-0478-2017-0006. A new schedule, which will
also include PSHB records, is currently under review by NARA and will
supersede the existing schedule. Until that occurs, all records not
governed by DAA-0478-2017-0006 will be treated as permanent.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records in this system are protected from unauthorized access and
misuse through various administrative, technical, and physical security
measures. OPM security measures are in compliance with the Federal
Information Security Modernization Act of 2002, as amended by the
Federal Information Security Modernization Act of 2014, associated OMB
policies, and applicable standards and guidance from the National
Institute of Standards and Technology (NIST).
RECORD ACCESS PROCEDURES:
Individuals seeking notification of and access to their records in
this system of records may do so by submitting a request in writing to
the Office of Personnel Management, Office of the Executive
Secretariat, Privacy, and Information Management--FOIA, 1900 E Street
NW, Washington, DC 20415-7900 or by emailing <a href="/cdn-cgi/l/email-protection#7f1910161e3f100f1251181009"><span class="__cf_email__" data-cfemail="1a7c75737b5a756a77347d756c">[email protected]</span></a>; ATTN:
Healthcare and Insurance. Individuals must furnish the following
information for their records to be located:
1. Full name, including any former name.
2. Date of birth.
3. Social Security Number.
4. Name and address of employing agency or retirement system.
5. Reasonable specification of the requested information.
6. The address to which the information should be sent.
7. Signature.
Individuals requesting access must also comply with OPM's Privacy
Act regulations regarding verification of identity and access to
records (5 CFR part 297).
Enrollees who request access to their records will have access to
the entirety of their record, to include information about all covered
individuals who are part of their enrollment record. Family members of
the enrollee who request access to their records have access only to
their own information and not to that of the enrollee or other covered
family members.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request amendment of records about them may
do so by writing to the Office of Personnel Management, Office of the
Executive Secretariat, Privacy, and Information Management--FOIA, 1900
E Street NW, Washington, DC 20415-7900 or by emailing <a href="/cdn-cgi/l/email-protection#1c7a73757d5c736c71327b736a"><span class="__cf_email__" data-cfemail="6a0c05030b2a051a07440d051c">[email protected]</span></a>;
ATTN: Healthcare and Insurance. Requests for amendment of records
should include the words ``PRIVACY ACT AMENDMENT REQUEST'' in capital
letters at the top of the request letter; if emailed include those
words in the subject line. Individuals must furnish the following
information for their records to be located:
1. Full name, including any former name, and address.
2. Date of birth.
3. Social Security Number.
4. Name and address of employing agency or retirement system.
5. Precise identification of the information to be amended.
6. Signature.
Individuals requesting amendment must also comply with OPM's
Privacy Act regulations regarding verification of identity and access
to records (5 CFR part 297).
OPM may refer amendment requests to employing agencies, retirement
systems, and FEHB Carriers because they may be the ultimate source of
FEHB enrollment records.
NOTIFICATION PROCEDURES:
See ``Record Access Procedure.''
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
OPM/Central-23, ``FEHB Program Enrollment Records, 86 FR 6377
(January 21, 2021), 87 FR 5874 (February 2, 2022).''
[FR Doc. 2024-20061 Filed 9-5-24; 8:45 am]
BILLING CODE 6325-67-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 6, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.