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42558 Federal Register / Vol. 70, No.

141 / Monday, July 25, 2005 / Notices

and on the Web site of the HHS Office Review Administrator, 24 Executive Park, Services, CMS, Mail-stop N2–04–27,
of Global Health Affairs, Internet NE., Mailstop E74, Atlanta, GA 30333, 7500 Security Boulevard, Baltimore,
address: http://www.globalhealth.gov. Telephone (404) 498–2530. Maryland 21244–1850. Comments
The Director, Management Analysis and
William P. Nichols, Services Office, has been delegated the received will be available for review at
authority to sign Federal Register notices this location, by appointment, during
MPA, Director, Procurement and Grants
Office, Centers for Disease Control and pertaining to announcements of meetings and regular business hours, Monday through
Prevention, U.S. Department of Health and other committee management activities, for Friday from 9 a.m.–3 p.m., eastern
Human Services. both CDC and the Agency for Toxic daylight time.
Substances and Disease Registry.
[FR Doc. 05–14573 Filed 7–22–05; 8:45 am] FOR FURTHER INFORMATION CONTACT:
BILLING CODE 4163–18–P Dated: July 19, 2005.
Linda Guenin, Government Task Leader,
Alvin Hall,
Centers for Medicare & Medicaid
Director, Management Analysis and Services
Services, Division of Medicare Financial
DEPARTMENT OF HEALTH AND Office, Centers for Disease Control and
Prevention. Management, Program Integrity Branch,
HUMAN SERVICES
[FR Doc. 05–14578 Filed 7–22–05; 8:45 am] 233 N. Michigan Avenue, 6th Floor,
Centers for Disease Control and BILLING CODE 4163–18–P
Chicago, Illinois 60601. The telephone
Prevention number is (312) 353–1279 and e-mail is
Linda.Guenin@cms.hhs.gov.
Disease, Disability, and Injury DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION:
Prevention and Control HUMAN SERVICES Description of the Matching Program
Special Emphasis Panels (SEP):
Reducing Racial and Ethnic Disparities Centers for Medicare & Medicaid A. General
in Childhood Immunization, RFA IP 05– Services
The Computer Matching and Privacy
087; Influenza Vaccination of Privacy Act of 1974; Computer Match Protection Act of 1988 (Public Law
Healthcare Workers in Hospitals, RFA No. 2005–02 (Pub. L.) 100–503), amended the Privacy
IP 05–089; Expanding Utilization of Pro-
AGENCY: Department of Health and Act (5 U.S.C. 552a) by describing the
Active Pharmacist Pneumococcal
Human Services (HHS), Centers for manner in which computer matching
Vaccination Programs, RFA IP 05–092;
and CDC Disparities in Elderly Medicare & Medicaid Services (CMS). involving Federal agencies could be
Pneumococcal Vaccination, RFA IP 05– ACTION: Notice of Computer Matching
performed and adding certain
093. Program (CMP). protections for individuals applying for
In accordance with Section 10(a)(2) of and receiving Federal benefits. Section
the Federal Advisory Committee Act SUMMARY: In accordance with the 7201 of the Omnibus Budget
(Pub. L. 92–463), the Centers for Disease requirements of the Privacy Act of 1974, Reconciliation Act of 1990 (Pub. L. 101–
Control and Prevention (CDC) as amended, this notice establishes a 508) further amended the Privacy Act
announces the following meeting: CMP that CMS plans to conduct with regarding protections for such
the Ohio Department of Jobs & Family individuals. The Privacy Act, as
Name: Disease, Disability, and Injury Services (ODJFS). We have provided
Prevention and Control Special Emphasis amended, regulates the use of computer
Panel (SEP): Reducing Racial and Ethnic
background information about the matching by Federal agencies when
Disparities in Childhood Immunization, RFA proposed matching program in the records in a system of records are
IP 05–087; Influenza Vaccination of SUPPLEMENTARY INFORMATION section matched with other Federal, state, or
Healthcare Workers in Hospitals, RFA IP 05– below. The Privacy Act requires that local government records. It requires
089; Expanding Utilization of Pro-Active CMS provide an opportunity for Federal agencies involved in computer
Pharmacist Pneumococcal Vaccination interested persons to comment on the
Programs, RFA IP 05–092; and CDC matching programs to:
proposed matching program. We may
Disparities in Elderly Pneumococcal
defer implementation of this matching 1. Negotiate written agreements with
Vaccination, RFA IP 05–093. the other agencies participating in the
Times and Dates: 8 a.m.–5 p.m., August 9, program if we receive comments that
persuade us to defer implementation. matching programs;
2005 (Closed).
Place: Renaissance Concourse Hotel, One See DATES section below for comment 2. Obtain the Data Integrity Board
Hartsfield Centre Parkway, Atlanta, GA period. approval of the match agreements;
30354, Telephone Number (404) 209–9999.
DATES: CMS filed a report of the CMP 3. Furnish detailed reports about
Status: The meeting will be closed to the
public in accordance with provisions set with the Chair of the House Committee matching programs to Congress and
forth in Section 552b(c) (4) and (6), Title 5 on Government Reform and Oversight, OMB;
U.S.C., and the Determination of the Director, the Chair of the Senate Committee on 4. Notify applicants and beneficiaries
Management Analysis and Services Office, Governmental Affairs, and the
CDC, pursuant to Public Law 92–463.
that the records are subject to matching;
Administrator, Office of Information and,
Matters to be Discussed: The meeting will and Regulatory Affairs, Office of
include the review, discussion, and 5. Verify match findings before
evaluation of applications received in
Management and Budget (OMB) on July
14, 2005. We will not disclose any reducing, suspending, terminating, or
response to: Reducing Racial and Ethnic
Disparities in Childhood Immunization, RFA information under a matching denying an individual’s benefits or
IP 05–087; Influenza Vaccination of agreement until 40 days after filing a payments.
Healthcare Workers in Hospitals, RFA IP 05– report to OMB and Congress or 30 days B. CMS Computer Matches Subject to
089; Expanding Utilization of Pro-Active after publication.
Pharmacist Pneumococcal Vaccination the Privacy Act
ADDRESSES: The public should address
Programs, RFA IP 05–092; and CDC
Disparities in Elderly Pneumococcal comments to: CMS Privacy Officer, CMS has taken action to ensure that
Vaccination, RFA IP 05–093. Division of Privacy Compliance Data all CMPs that this Agency participates
Contact Person for More Information: H. Development (DPCDD), Enterprise in comply with the requirements of the
Mac Stiles, PhD, D.D.S, M.P.H., Scientific Databases Group, Office of Information Privacy Act of 1974, as amended.

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Federal Register / Vol. 70, No. 141 / Monday, July 25, 2005 / Notices 42559

Dated: July 12, 2005. necessary to carry out the purposes of day, (2) providing treatment and
John R. Dyer, this part’’ (42 U.S.C. 1395u(a)(4)). services in ways more statistically
Chief Operating Officer, Centers for Medicare Furthermore, § 1874(b) of the Act significant than similar practitioner
& Medicaid Services. authorizes the Secretary to contract with groups, and (3) up-coding and billing for
any person, agency, or institution to services more expensive than those
Computer Match No. 2005–02 secure on a reimbursable basis such actually performed.
Name special data, actuarial information, and
other information as may be necessary Categories of Records and Individuals
‘‘Computer Matching Agreement in the carrying out of his functions Covered by the Match
(CMA) Between the Centers for under this title (42 U.S.C. 1395kk(b)). This CMP will enhance the ability of
Medicare & Medicaid Services (CMS) Section 1893 of the Act establishes CMS and ODJFS to detect F&A by
and the State of Ohio Department of Job the Medicare Integrity Program, under matching claims data, eligibility, and
& Family Services (ODJFS) for which the Secretary may contract with practitioner, provider, and supplier
Disclosure of Medicare and Medicaid eligible entities to conduct a variety of enrollment records of Medicare
Information’’. program safeguard activities, including beneficiaries, practitioners, providers,
Security Classification fraud review employing equipment and and suppliers in the State of Ohio
software technologies that surpass the against records of Medicaid
Level Three Privacy Act Sensitive. existing capabilities of FIs and Carriers beneficiaries, practitioners, providers,
Participating Agencies (42 U.S.C. § 1395ddd)). The contracting and suppliers in the State of Ohio.
entities are called Program Safeguards
The Centers for Medicare & Medicaid Contractors. Description of Records To Be Used in
Services, and State of Ohio Department Authority for ODJFS to participate in the Matching Program
of Job & Family Services. this computer-matching program is The data for CMS are maintained in
Authority for Conducting Matching given under the provisions of the following Systems of Records (SOR):
Program §§ 5101.27–30 of the Ohio Revised National Claims History (NCH), System
Code, and 42 CFR 431.300 through No. 09–70–0005 was most recently
This CMA is executed to comply with 431.307. ODJFS is charged with published in the Federal Register, at 67
the Privacy Act of 1974 (Title 5 United administration of the Medicaid program FR 57015 (September 6, 2002). NCH
States Code (U.S.C.) 552a), as amended, in Ohio and is the single state agency for contains records needed to facilitate
(as amended by Public Law (Pub. L.) such purpose. ODJFS may act as an obtaining Medicare utilization review
100–503, the Computer Matching and agent or representative of the Federal data that can be used to study the
Privacy Protection Act (CMPPA) of Government for any purpose in operation and effectiveness of the
1988), the Office of Management and furtherance of ODJFS’s functions or Medicare program. Matched data will be
Budget (OMB) Circular A–130, titled administration of the Federal funds released to ODJFS pursuant to the
‘‘Management of Federal Information granted to the state. In Ohio, the routine use as set forth in the system
Resources’’ at 65 Federal Register (FR) Medicaid program provides qualifying notice.
77677 (December 12, 2000), 61 FR 6435 individuals with health care and related Carrier Medicare Claims Record,
(February 20, 1996), and OMB remedial or preventive services, System No. 09–70–0501 was published
guidelines pertaining to computer including both Medicaid services and in the Federal Register at 67 FR 54428
matching at 54 FR 25818 (June 19, services authorized under state law that (August 22, 2002). Matched data will be
1989). are not provided under Federal law. released to ODJFS pursuant to the
This Agreement provides for routine use as set forth in the system
information matching fully consistent Purpose(s) of the Matching Program
notice.
with the authority of the Secretary of the The purpose of this agreement is to Enrollment Database, System No. 09–
Department of Health and Human establish the conditions, safeguards, and 70–0502 was published in the Federal
Services (Secretary). Section 1816 of the procedures under which CMS will Register at 67 FR 3203 (January 23,
Social Security Act (the Act) permits the conduct a computer matching program 2002). Matched data will be released to
Secretary to contract with Fiscal with ODJFS to study claims, billing, and ODJFS pursuant to the routine use set
Intermediaries (FI) to ‘‘make such audits eligibility information to detect forth in the system notice.
of the records of providers as may be suspected instances of fraud and abuse Intermediary Medicare Claims
necessary to insure that proper (F&A) in the State of Ohio. CMS and Record, System No. 09–70–0503 was
payments are made under this part,’’ ODJFS will provide a CMS contractor published in the Federal Register at 67
and to ‘‘perform such other functions as (hereinafter referred to as the FR 65982 (October 29, 2002). Matched
are necessary to carry out this ‘‘Custodian’’) with Medicare and data will be released to ODJFS pursuant
subsection’’ (42 U.S.C. 1395h (a)). Medicaid records pertaining to to the routine use as set forth in the
Section 1842 of the Act provides that eligibility, claims, and billing which the system notice.
the Secretary may contract with entities Custodian will match in order to merge Unique Physician/Provider
known as carriers to ‘‘make such audits the information into a single database. Identification Number, System No. 09–
of the records of providers of services as Utilizing fraud detection software, the 70–0525, was most recently published
may be necessary to assure that proper information will then be used to in the Federal Register at 69 FR 75316
payments are made’’ (42 U.S.C. identify patterns of aberrant practices (December 16, 2004). Matched data will
1395u(a)(1)(C)); ‘‘assist in the requiring further investigation. The be released to ODJFS pursuant to the
application of safeguards against following are examples of the type of routine use as set forth in the system
unnecessary utilization of services aberrant practices that may constitute notice.
furnished by providers of services and F&A by practitioners, providers, and Medicare Supplier Identification File,
other persons to individuals entitled to suppliers in the State of Ohio expected System No. 09–70–0530 was most
benefits’’ (42 U.S.C. 1395u(a)(2)(B)); and to be identified in this matching recently published in the Federal
‘‘to otherwise assist * * * in program: (1) Billing for provisions of Register, at 67 FR 48184 (July 23, 2002).
discharging administrative duties more than 24 hours of services in one Matched data will be released to ODJFS

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42560 Federal Register / Vol. 70, No. 141 / Monday, July 25, 2005 / Notices

pursuant to the routine use as set forth proposed Matching Program in the matched with other Federal, State, or
in the system notice. SUPPLEMENTARY INFORMATION section local government records. It requires
Medicare Beneficiary Database, below. The Privacy Act requires that Federal agencies involved in computer
System No. 09–70–0536 was published CMS provide an opportunity for matching programs to:
in the Federal Register at 66 FR 63392 interested persons to comment on the 1. Negotiate written agreements with
(December 6, 2001). Matched data will proposed matching program. We may the other agencies participating in the
be released to ODJFS pursuant to the defer implementation of this Matching matching programs;
routine use as set forth in the system Program if we receive comments that 2. Obtain the Data Integrity Board
notice. persuade us to defer implementation. approval of the match agreements;
The data for ODJFS are/is maintained See DATES section below for comment 3. Furnish detailed reports about
in the following Medical Data period. matching programs to Congress and
Warehouse Files: OMB;
DATES: CMS filed a report of the CMP
DRUGOUT.txt DRUG pre-convert layout with the Chair of the House Committee 4. Notify applicants and beneficiaries
EDRUGOUT.txt Encounter Drug extract on Government Reform and Oversight, that the records are subject to matching;
layout (no pre-convert) the Chair of the Senate Committee on and,
EFACOUT.txt Encounter Facility extract
Governmental Affairs, and the 5. Verify match findings before
layouts (no pre-convert and there are 4 reducing, suspending, terminating, or
extract files) Administrator, Office of Information
and Regulatory Affairs, Office of denying an individual’s benefits or
ELIGOUT.txt Eligibility pre-convert layout payments.
EPROFOUT.txt Encounter Prof. extract Management and Budget (OMB) on July
layout (no pre-convert) 14, 2005. We will not disclose any B. CMS Computer Matches Subject to
FACOUT.txt Facility pre-convert layout information under a Matching the Privacy Act
GROSSOUT.txt Gross financial extract (no Agreement until 40 days after filing a
pre-convert) CMS has taken action to ensure that
report to OMB and Congress or 30 days
PROFOUT.txt Professional pre-convert all CMPs that this Agency participates
after publication.
layout in comply with the requirements of the
PROVOUT.txt Provider pre-convert layout. ADDRESSES: The public should address Privacy Act of 1974, as amended.
comments to: CMS Privacy Officer,
ODJFS may change files maintained Division of Privacy Compliance Data Dated: July 12, 2005.
in the Medical Data Warehouse after Development (DPCDD), Enterprise John R. Dyer,
giving reasonable notice to CMS and the Databases Group, Office of Information Chief Operating Officer, Centers for Medicare
Custodian. Services, CMS, Mailstop N2–04–27, & Medicaid Services.
Inclusive Dates of the Match 7500 Security Boulevard, Baltimore, Computer Match No. 2005–03
Maryland 21244–1850. Comments
The CMP shall become effective no Name
received will be available for review at
sooner than 40 days after the report of
this location, by appointment, during ‘‘Computer Matching Agreement
the Matching Program is sent to OMB
regular business hours, Monday through Between the Centers for Medicare &
and Congress, or 30 days after
Friday from 9 a.m.–3 p.m., eastern Medicaid Services (CMS) and the State
publication in the Federal Register,
daylight time. of Washington Department of Social and
which ever is later. The matching
program will continue for 18 months FOR FURTHER INFORMATION CONTACT: Health Services for Disclosure of
from the effective date and may be Phillip Kauzlarich, Health Insurance Medicare and Medicaid Information.’’
extended for an additional 12 months Specialist, Centers for Medicare &
Security Classification
thereafter, if certain conditions are met. Medicaid Services, Office of Financial
Management, Program Integrity Group, Level Three Privacy Act Sensitive.
[FR Doc. 05–14562 Filed 7–22–05; 8:45 am] Mail-stop C3–02–16, 7500 Security Participating Agencies
BILLING CODE 4120–03–P Boulevard, Baltimore Maryland 21244–
1850. The telephone number is (410)– The Centers for Medicare & Medicaid
786–7170 and e-mail is Services, and State of Washington
DEPARTMENT OF HEALTH AND pkauzlarich@cms.hhs.gov. Department of Social and Health
HUMAN SERVICES Services.
SUPPLEMENTARY INFORMATION:
Centers for Medicare & Medicaid Authority for Conducting Matching
Description of the Matching Program Program
Services
A. General This CMA is executed to comply with
Privacy Act of 1974; Computer Match The Computer Matching and Privacy the Privacy Act of 1974 (Title 5 United
No. 2005–03 Protection Act of 1988 (Pub. L. 100– States Code (U.S.C.) 552a), as amended,
AGENCY: Department of Health and 503), amended the Privacy Act (5 U.S.C. (as amended by Pub. L. 100–503, the
Human Services (HHS), Centers for 552a) by describing the manner in Computer Matching and Privacy
Medicare & Medicaid Services (CMS). which computer matching involving Protection Act (CMPPA) of 1988), the
ACTION: Notice of Computer Matching Federal agencies could be performed Office of Management and Budget
Program (CMP). and adding certain protections for (OMB) Circular A–130, titled
individuals applying for and receiving ‘‘Management of Federal Information
SUMMARY: In accordance with the Federal benefits. Section 7201 of the Resources’’ at 65 Federal Register (FR)
requirements of the Privacy Act of 1974, Omnibus Budget Reconciliation Act of 77677 (December 12, 2000), 61 FR 6435
as amended, this Notice announces the 1990 (Pub. L. 101–508) further amended (February 20, 1996), and OMB
establishment of a CMP that CMS plans the Privacy Act regarding protections for guidelines pertaining to computer
to conduct with the Washington such individuals. The Privacy Act, as matching at 54 FR 25818 (June 19,
Department of Social and Health amended, regulates the use of computer 1989).
Services (DSHS). We have provided matching by Federal agencies when This Agreement provides for
background information about the records in a system of records are information matching fully consistent

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