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Notice2026-15861

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
August 5, 2026

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 matching program between CMS and the Department of War for "Verification of Eligibility for Minimum Essential Coverage Under the Patient Protection and Affordable Care Act through a Department of War Health Benefits Plan."

Full Text

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<title>Federal Register, Volume 91 Issue 149 (Wednesday, August 5, 2026)</title>
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[Federal Register Volume 91, Number 149 (Wednesday, August 5, 2026)]
[Notices]
[Pages 50544-50545]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-15861]


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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 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 matching program between CMS and the Department of War for 
``Verification of Eligibility for Minimum Essential Coverage Under the 
Patient Protection and Affordable Care Act through a Department of War 
Health Benefits Plan.''

DATES: The deadline for comments on this notice is September 4, 2026. 
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 and within 3 months 
of expiration may be renewed for up to 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 this notice 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, 
Location: N1-14-56, 7500 Security Blvd., Baltimore, MD 21244-1850 or by 
email at <a href="/cdn-cgi/l/email-protection#480a293a2a293a29660c2d2527383d24273b082b253b6620203b662f273e"><span class="__cf_email__" data-cfemail="a5e7c4d7c7c4d7c48be1c0c8cad5d0c9cad6e5c6c8d68bcdcdd68bc2cad3">[email&#160;protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: If you have questions about the 
matching program, you may contact Terence Kane, Director, Division of 
Automated Verifications and SEP Policy, Marketplace Eligibility and 
Enrollment Group, Center for Consumer Information and Insurance 
Oversight, Centers for Medicare & Medicaid Services, at (301) 492-4449, 
by email at <a href="/cdn-cgi/l/email-protection#5f0b3a2d3a313c3a71343e313a1f3c322c7137372c71383029"><span class="__cf_email__" data-cfemail="73271601161d10165d18121d1633101e005d1b1b005d141c05">[email&#160;protected]</span></a>, or by mail at 7501 Wisconsin 
Avenue, Bethesda, MD 20814.

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, 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 War (identified in the applicable system of records 
notice as Department of Defense) is the source agency.

[[Page 50545]]

Authority for Conducting the Matching Program

    The principal authority for the matching program is 42 U.S.C. 
18001, et seq.

Purpose(s)

    The purpose of the matching program is to assist CMS in determining 
individuals' eligibility for financial assistance in paying for private 
health insurance coverage. In this matching program, the Department of 
War provides CMS with daily files, indicating whether an individual who 
is seeking eligibility determination for financial assistance is 
enrolled in TRICARE. CMS makes this data available to state 
administering entities (AEs) through a data services hub, under a 
separate matching agreement. CMS and AEs use the Department of War data 
to verify whether an individual who is applying for or is enrolled in 
private health insurance coverage under a qualified health plan through 
a federally-facilitated or state-based health insurance exchange is 
eligible for coverage under a Department of War health benefit plan, 
for the purpose of determining the individual's eligibility for 
financial assistance (including an advance tax credit and cost sharing 
reduction, which are types of insurance affordability programs) in 
paying for private health insurance coverage. The Department of War 
health benefit plans provide minimum essential coverage, and 
eligibility for such plans precludes eligibility for financial 
assistance in paying for private coverage. The data provided by the 
Department of War under this matching program will be used by CMS and 
AEs to authenticate identity, determine eligibility for financial 
assistance, and determine the amount of any financial assistance.

Categories of Individuals

    The categories of individuals whose information is involved in the 
matching program are: (1) individuals who are eligible for or enrolled 
in a TRICARE plan, identified in data CMS receives from the Department 
of War, and (2) consumers who apply for or are enrolled in private 
insurance coverage under a qualified health plan through a federally-
facilitated or state-based health insurance exchange (and other 
relevant individuals, such as applicants' and enrollees' household 
members), whose records are matched against the data CMS receives from 
the Department of War.

Categories of Records

    The categories of records which will be provided by the Department 
of War to CMS in this matching program are identity records and minimum 
essential coverage period records, consisting of these data elements: 
Social Security Numbers (SSNs), Coverage Begin Date(s) and Coverage End 
Date(s).

System(s) of Records

A. System of Records Maintained by CMS

    The applicable CMS system of records is 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 the Department of War

    The applicable Department of War system of records is DMDC 02 DoD, 
Defense Enrollment Eligibility Reporting System (DEERS), last published 
in full at 87 FR 32384 (May 31, 2022).

[FR Doc. 2026-15861 Filed 8-4-26; 8:45 am]
BILLING CODE 4120-03-P


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Indexed from Federal Register on August 5, 2026.

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.