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Federal Register / Vol. 71, No.

216 / Wednesday, November 8, 2006 / Notices 65527

ESTIMATED ANNUALIZED BURDEN HOURS


Average bur-
Number of
Number of den per re-
Respondents Procedure responses per
respondents sponse (in
respondent hours)

Smokers .................................................................................. CATI Screening ...................... 500 1 5/60


Eligible Smokers ..................................................................... Visit 1 (Day 1) ........................ 180 1 1
Eligible Smokers ..................................................................... Visit 2 (Day 2) ........................ 180 1 1

Dated: November 1, 2006. routine use number 4 authorizing program, or to enable such agency to
Catina J. Conner, disclosure to support constituent fulfill a requirement of Federal statute
Acting Assistant Reports Clearance Officer, requests made to a congressional or regulation that implements a health
Centers for Disease Control and Prevention. representative. If an authorization for benefits program funded in whole or in
[FR Doc. E6–18825 Filed 11–7–06; 8:45 am] the disclosure has been obtained from part with Federal funds; (3) support a
BILLING CODE 4163–18–P the data subject, then no routine use is research or evaluation project; (4)
needed. The Privacy Act allows for support litigation involving the agency;
disclosures with the ‘‘prior written and (5) combat fraud, waste, and abuse.
DEPARTMENT OF HEALTH AND consent’’ of the data subject. We have provided background
HUMAN SERVICES We will broaden the scope of routine information about the modified system
uses number 5 and 6, authorizing in the SUPPLEMENTARY INFORMATION
Centers for Medicare & Medicaid disclosures to combat fraud and abuse section below. Although the Privacy Act
Services in the Medicare and Medicaid programs requires only that CMS provide an
to include combating ‘‘waste’’ which opportunity for interested persons to
Privacy Act of 1974; Report of a refers to specific beneficiary/recipient comment on the modified or altered
Modified or Altered System of Records practices that result in unnecessary cost routine uses, CMS invites comments on
AGENCY: Department of Health and to all federally-funded health benefit all portions of this notice. See EFFECTIVE
Human Services (HHS), Centers for programs. DATES section for comment period.
Medicare & Medicaid Services (CMS). We are modifying the language in the DATES: Effective Dates: CMS filed a
ACTION: Notice of a Modified or Altered remaining routine uses to provide a modified or altered system report with
System of Records (SOR). proper explanation as to the need for the the Chair of the House Committee on
routine use and to provide clarity to Government Reform and Oversight, the
SUMMARY: In accordance with the CMS’s intention to disclose individual- Chair of the Senate Committee on
Privacy Act of 1974, we are proposing specific information contained in this Homeland Security & Governmental
to modify or alter an existing SOR, system. The routine uses will then be Affairs, and the Administrator, Office of
‘‘Medicaid Statistical Information prioritized and reordered according to Information and Regulatory Affairs,
System (MSIS),’’ System No. 09–70– their usage. We will also take the Office of Management and Budget
6001, last published at 67 FR 48906 opportunity to update any sections of (OMB) on November 2, 2006. To ensure
(July 26, 2002). CMS is reorganizing its the system that were affected by the that all parties have adequate time in
databases because of the impact of the recent reorganization or because of the which to comment, the modified
Medicare Prescription Drug, impact of the Medicare Prescription system, including routine uses, will
Improvement, and Modernization Act of Drug, Improvement, and Modernization become effective 30 days from the
2003 (MMA) (Public Law (Pub. L.) 108– Act of 2003 (MMA) (Public Law 108– publication of the notice, or 40 days
173) provisions and the large volume of 173) provisions and to update language from the date it was submitted to OMB
information the Agency collects to in the administrative sections to and Congress, whichever is later, unless
administer the Medicare program. We correspond with language used in other CMS receives comments that require
propose to assign a new CMS CMS SORs. alterations to this notice.
identification number to this system to The primary purpose of this modified ADDRESSES: The public should address
simplify the obsolete and confusing system is to establish an accurate, comments to: CMS Privacy Officer,
numbering system originally designed current, and comprehensive database Division of Privacy Compliance,
to identify the Bureau, Office, or Center containing standardized enrollment, Enterprise Architecture and Strategy
that maintained the system of records. eligibility, and paid claims of Medicaid Group, Office of Information Services,
The new assigned identifying number beneficiaries to be used for the CMS, Room N2–04–27, 7500 Security
for this system should read: System No. administration of Medicaid at the Boulevard, Baltimore, Maryland 21244–
09–70–0541. Federal level, produce statistical 1850. Comments received will be
We propose to modify existing routine reports, support Medicaid related available for review at this location, by
use number 1 that permits disclosure to research, and assist in the detection of appointment, during regular business
agency contractors and consultants to fraud and abuse in the Medicare and hours, Monday through Friday from 9
include disclosure to CMS grantees who Medicaid programs. Information a.m.–3 p.m., eastern time zone.
perform a task for the agency. CMS retrieved from this system will also be FOR FURTHER INFORMATION CONTACT: Ron
grantees, charged with completing disclosed to: (1) Support regulatory, North, Division of Informational
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projects or activities that require CMS reimbursement, and policy functions Analysis and Technical Assistance,
data to carry out that activity, are performed within the agency or by a Finance, Systems & Budget Group,
classified separate from CMS contractor or consultant; (2) assist Center for Medicaid and State
contractors and/or consultants. The another Federal or state agency with Operations, CMS, Mail Stop S3–13–15,
modified routine use will remain as information to enable such agency to 7500 Security Boulevard, Baltimore,
routine use number 1. We will delete administer a Federal health benefits Maryland 21244–1850. He can also be

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65528 Federal Register / Vol. 71, No. 216 / Wednesday, November 8, 2006 / Notices

reached by telephone at 410–786–5651, purpose(s) for which the information following routine use disclosures of
or via e-mail at was collected. Any such disclosure of information maintained in the system:
Ronald.North@cms.hhs.gov. data is known as a ‘‘routine use.’’ The 1. To support agency contractors,
SUPPLEMENTARY INFORMATION: In 1994, government will only release MSIS consultants, or grantees who have been
CMS established a new SOR under the information that can be associated with engaged by the agency to assist in the
authority of section 1902 (a)(6) of the an individual as provided for under performance of a service related to this
Social Security Act (the Act) (42 Code ‘‘Section III. Proposed Routine Use collection and who need to have access to the
Disclosures of Data in the System.’’ Both records in order to perform the activity.
of Federal Regulations (CFR) 1396(a)(6)),
identifiable and non-identifiable data We contemplate disclosing information
and the Balanced Budget Act (Public under this routine use only in situations in
Law 105–33). Notice of this system, may be disclosed under a routine use.
which CMS may enter into a contractual or
MSIS, was published in the Federal We will only collect the minimum similar agreement with a third party to assist
Register (FR) at 58 FR 41327 (August 1, personal data necessary to achieve the in accomplishing CMS function relating to
1994), an unnumbered routine use was purpose of MSIS. CMS has the following purposes for this system.
added for the Social Security policies and procedures concerning CMS occasionally contracts out certain of
Administration (SSA) at 61 FR 6645 disclosures of information that will be its functions when doing so would contribute
(February 21, 1996), three new fraud maintained in the system. Disclosure of to effective and efficient operations. CMS
and abuse routine uses were added at 63 information from this system will be must be able to give a contractor, consultant
FR 38414 (July 16, 1998), two of the or grantee whatever information is necessary
approved only to the extent necessary to for the contractor, consultant or grantee to
fraud and abuse routine uses were accomplish the purpose of the fulfill its duties. In these situations,
revised and a third deleted at 65 FR disclosure and only after CMS: safeguards are provided in the contract
50552 (August 18, 2000), and three prohibiting the contractor, consultant or
1. Determines that the use or disclosure is
routine uses were deleted and the consistent with the reason that the data is grantee from using or disclosing the
security classification was modified at being collected, e.g., to establish an accurate, information for any purpose other than that
67 FR 48906 (July 26, 2002). current, and comprehensive database described in the contract and requires the
containing standardized enrollment, contractor, consultant or grantee to return or
I. Description of the Modified or destroy all information at the completion of
eligibility, and paid claims of Medicaid
Altered System of Records beneficiaries to be used for the the contract.
A. Statutory and Regulatory Basis for administration of Medicaid at the Federal 2. To assist another Federal or state agency,
level, produce statistical reports, support agency of a state government, an agency
SOR
Medicaid related research, and assist in the established by state law, or its fiscal agent to:
Authority for maintenance of the detection of fraud and abuse in the Medicare a. Contribute to the accuracy of CMS’
system is given under section 1902 and Medicaid programs. proper management of Medicare/Medicaid
(a)(6) of the Social Security Act (42 2. Determines that: benefits; and/or
U.S.C. 1396a (a)(6)), and Title IV of the a. the purpose for which the disclosure is b. Enable such agency to administer a
Balanced Budget Act (Public Law 105– to be made can only be accomplished if the Federal health benefits program, or as
record is provided in individually necessary to enable such agency to fulfill a
33).
identifiable form; requirement of a Federal statute or regulation
B. Collection and Maintenance of Data b. the purpose for which the disclosure is that implements a health benefits program
in the System to be made is of sufficient importance to funded in whole or in part with Federal
warrant the effect and/or risk on the privacy funds; and/or
MSIS contains information on c. Assist Federal/state Medicaid programs
of the individual that additional exposure of
Medicaid beneficiaries, and physicians the record might bring; and within the state.
and other providers involved in c. there is a strong probability that the Other Federal or state agencies in their
furnishing services to Medicaid proposed use of the data would in fact administration of a Federal health program
beneficiaries. Information contained in accomplish the stated purpose(s). may require MSIS information for the
this system includes, but is not limited 3. Requires the information recipient to: purposes of determining, evaluating, and/or
to: Assigned Medicaid identification a. establish administrative, technical, and assessing cost, effectiveness, and/or the
number, social security number, health physical safeguards to prevent unauthorized quality of health care services provided in
use of disclosure of the record; the state.
insurance claim number, date of birth,
b. remove or destroy at the earliest time all SSA may require MSIS data to enable them
gender, ethnicity and race, medical to assist in the implementation and
services, equipment, and supplies for patient-identifiable information; and
c. agree to not use or disclose the maintenance of the Medicare/Medicaid
which Medicaid reimbursement is information for any purpose other than the program.
requested, and materials used to stated purpose under which the information Disclosure under this routine use shall be
determine amount of benefits allowable was disclosed. used by state Medicaid agencies pursuant to
under Medicaid. Information on 4. Determines that the data are valid and agreements with HHS for determining
physicians and other providers of reliable. Medicaid and Medicare eligibility, for quality
services to the beneficiary consist of an control studies, for determining eligibility of
assigned provider identification III. Proposed Routine Use Disclosures recipients of assistance under Title IV, XVIII,
number, and information used to of Data in the System XIX and XXI of the Act, and for the
administration of the Medicaid program.
determine whether a sanction or A. The Privacy Act allows us to Data will be released to the state only on
suspension is warranted. disclose information without an those individuals who are eligible enrollees,
II. Agency Policies, Procedures, and individual’s consent if the information and beneficiaries under the services of a
Restrictions on the Routine Use is to be used for a purpose that is Medicaid program within the state or who
compatible with the purpose(s) for are residents of that state.
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A. Agency Policies, Procedures, and which the information was collected. We also contemplate disclosing
Restrictions on the Routine Use information under this routine use in
Any such compatible use of data is situations in which state auditing agencies
The Privacy Act permits us to disclose known as a ‘‘routine use.’’ The proposed require MSIS information for auditing state
information without an individual’s routine uses in this system meet the Medicaid eligibility considerations. CMS
consent if the information is to be used compatibility requirement of the Privacy may enter into an agreement with state
for a purpose that is compatible with the Act. We are proposing to establish the auditing agencies to assist in accomplishing

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Federal Register / Vol. 71, No. 216 / Wednesday, November 8, 2006 / Notices 65529

functions relating to purposes for this system the United States (including any State or Computer Fraud and Abuse Act of 1986;
of records. local governmental agency), that administers, the Health Insurance Portability and
3. To an individual or organization for a or that has the authority to investigate Accountability Act of 1996; the E-
research project or in support of an potential fraud, waste, and abuse in, a health Government Act of 2002, the Clinger-
evaluation project related to the prevention benefits program funded in whole or in part
of disease or disability, the restoration or by Federal funds, when disclosure is deemed
Cohen Act of 1996; the Medicare
maintenance of health, or payment related reasonably necessary by CMS to prevent, Modernization Act of 2003, and the
projects. deter, discover, detect, investigate, examine, corresponding implementing
The MSIS data will provide for research or prosecute, sue with respect to, defend regulations. OMB Circular A–130,
in support of evaluation projects, a broader, against, correct, remedy, or otherwise combat Management of Federal Resources,
national perspective of the status of Medicare fraud, waste, and abuse in such programs. Appendix III, Security of Federal
beneficiaries. CMS anticipates that many Other agencies may require MSIS Automated Information Resources also
researchers will have legitimate requests to information for the purpose of combating applies. Federal, HHS, and CMS
use these data in projects that could fraud, waste, and abuse in such federally- policies and standards include but are
ultimately improve the care provided to funded programs.
Medicare beneficiaries and the policy that not limited to: all pertinent National
governs the care. B. Additional Provisions Affecting Institute of Standards and Technology
4. To the Department of Justice (DOJ), court Routine Use Disclosures publications; the HHS Information
or adjudicatory body when: Systems Program Handbook and the
To the extent this system contains
a. the agency or any component thereof, or CMS Information Security Handbook.
b. any employee of the agency in his or her Protected Health Information (PHI) as
official capacity, or defined by HHS regulation ‘‘Standards V. Effects of the Modified System of
c. any employee of the agency in his or her for Privacy of Individually Identifiable Records on Individual Rights
individual capacity where the DOJ has agreed Health Information’’ (45 CFR Parts 160 CMS proposes to modify this system
to represent the employee, or and 164, Subparts A and E) 65 FR 82462 in accordance with the principles and
d. the United States Government is a party (12–28–00). Disclosures of such PHI that requirements of the Privacy Act and will
to litigation or has an interest in such are otherwise authorized by these
litigation, and by careful review, CMS
collect, use, and disseminate
routine uses may only be made if, and information only as prescribed therein.
determines that the records are both relevant
and necessary to the litigation and that the
as, permitted or required by the Data in this system will be subject to the
use of such records by the DOJ, court or ‘‘Standards for Privacy of Individually authorized releases in accordance with
adjudicatory body is compatible with the Identifiable Health Information.’’ (See the routine uses identified in this
purpose for which the agency collected the 45 CFR 164–512(a)(1).) system of records.
records. In addition, our policy will be to CMS will take precautionary
Whenever CMS is involved in litigation, prohibit release even of data not directly measures to minimize the risks of
and occasionally when another party is identifiable, except pursuant to one of unauthorized access to the records and
involved in litigation and CMS’ policies or the routine uses or if required by law, the potential harm to individual privacy
operations could be affected by the outcome if we determine there is a possibility or other personal or property rights of
of the litigation, CMS would be able to
that an individual can be identified patients whose data are maintained in
disclose information to the DOJ, court or
adjudicatory body involved. through implicit deduction based on the system. CMS will collect only that
5. To a CMS contractor (including, but not small cell sizes (instances where the information necessary to perform the
necessarily limited to fiscal intermediaries patient population is so small that system’s functions. In addition, CMS
and carriers) that assists in the individuals could, because of the small will make disclosure from the proposed
administration of a CMS-administered health size, use this information to deduce the system only with consent of the subject
benefits program, or to a grantee of a CMS- identity of the beneficiary). individual, or his/her legal
administered grant program, when disclosure representative, or in accordance with an
is deemed reasonably necessary by CMS to IV. Safeguards
applicable exception provision of the
prevent, deter, discover, detect, investigate, CMS has safeguards in place for
examine, prosecute, sue with respect to,
Privacy Act. CMS, therefore, does not
authorized users and monitors such anticipate an unfavorable effect on
defend against, correct, remedy, or otherwise
combat fraud, waste, and abuse in such users to ensure against excessive or individual privacy as a result of
program. unauthorized use. Personnel having information relating to individuals.
We contemplate disclosing information access to the system have been trained Dated: November 1, 2006.
under this routine use only in situations in in the Privacy Act and information
John R. Dyer,
which CMS may enter into a contractual security requirements. Employees who
relationship or grant with a third party to Chief Operating Officer, Centers for Medicare
maintain records in this system are
assist in accomplishing CMS functions & Medicaid Services.
instructed not to release data until the
relating to the purpose of combating fraud, intended recipient agrees to implement SYSTEM NO. 09–70–0541
waste, and abuse.
appropriate management, operational
CMS occasionally contracts out certain of SYSTEM NAME:
its functions and makes grants when doing so and technical safeguards sufficient to
protect the confidentiality, integrity and ‘‘Medicaid Statistical Information
would contribute to effective and efficient
availability of the information and System (MSIS),’’ HHS/CMS/CMSO.
operations. CMS must be able to give a
contractor or grantee whatever information is information systems and to prevent SECURITY CLASSIFICATION:
necessary for the contractor or grantee to unauthorized access. Level Three Privacy Act Sensitive
fulfill its duties. In these situations, This system will conform to all
safeguards are provided in the contract
Data.
applicable Federal laws and regulations
prohibiting the contractor or grantee from and Federal, HHS, and CMS policies SYSTEM LOCATION:
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using or disclosing the information for any and standards as they relate to The Centers for Medicare & Medicaid
purpose other than that described in the
contract and requiring the contractor or
information security and data privacy. Services (CMS) Data Center, 7500
grantee to return or destroy all information. These laws and regulations may apply Security Boulevard, North Building,
6. To another Federal agency or to an but are not limited to: The Privacy Act First Floor, Baltimore, Maryland 21244–
instrumentality of any governmental of 1974; the Federal Information 1850 and at various contractor sites and
jurisdiction within or under the control of Security Management Act of 2002; the at CMS Regional Offices.

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65530 Federal Register / Vol. 71, No. 216 / Wednesday, November 8, 2006 / Notices

CATEGORIES OF INDIVIDUALS COVERED BY THE individual’s consent if the information investigate, examine, prosecute, sue
SYSTEM: is to be used for a purpose that is with respect to, defend against, correct,
MSIS contains information on compatible with the purpose(s) for remedy, or otherwise combat fraud,
Medicaid beneficiaries, and physicians which the information was collected. waste, and abuse in such program.
and other providers involved in Any such compatible use of data is 6. To another Federal agency or to an
furnishing services to Medicaid known as a ‘‘routine use.’’ The proposed instrumentality of any governmental
beneficiaries. routine uses in this system meet the jurisdiction within or under the control
CATEGORIES OF RECORDS IN THE SYSTEM:
compatibility requirement of the Privacy of the United States (including any State
Act. We are proposing to establish the or local governmental agency), that
Information contained in this system administers, or that has the authority to
following routine use disclosures of
includes, but is not limited to: assigned investigate potential fraud, waste, and
information maintained in the system:
Medicaid identification number, social 1. To support agency contractors, abuse in, a health benefits program
security number (SSN), health insurance consultants, or grantees who have been funded in whole or in part by Federal
claim number (HICN), date of birth, engaged by the agency to assist in the funds, when disclosure is deemed
gender, ethnicity and race, medical performance of a service related to this reasonably necessary by CMS to
services, equipment, and supplies for collection and who need to have access prevent, deter, discover, detect,
which Medicaid reimbursement is to the records in order to perform the investigate, examine, prosecute, sue
requested, and materials used to activity. with respect to, defend against, correct,
determine amount of benefits allowable 2. To assist another Federal or state remedy, or otherwise combat fraud,
under Medicaid. Information on agency, agency of a state government, an waste, and abuse in such programs.
physicians and other providers of agency established by state law, or its B. Additional Provisions Affecting
services to the beneficiary consist of an fiscal agent to: Routine Use Disclosures
assigned provider identification a. Contribute to the accuracy of CMS’ To the extent this system contains
number, and information used to proper management of Medicare/ Protected Health Information (PHI) as
determine whether a sanction or Medicaid benefits; and/or defined by HHS regulation ‘‘Standards
suspension is warranted. b. Enable such agency to administer a for Privacy of Individually Identifiable
AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Federal health benefits program, or as Health Information’’ (45 CFR Parts 160
Authority for maintenance of the necessary to enable such agency to and 164, Subparts A and E) 65 FR 82462
system is given under section 1902(a)(6) fulfill a requirement of a Federal statute (12–28–00). Disclosures of such PHI that
of the Social Security Act (42 U.S.C. or regulation that implements a health are otherwise authorized by these
1396a(a)(6)), and Title IV of the benefits program funded in whole or in routine uses may only be made if, and
Balanced Budget Act (Public Law 105– part with Federal funds; and/or as, permitted or required by the
c. Assist Federal/state Medicaid ‘‘Standards for Privacy of Individually
33).
programs within the state. Identifiable Health Information.’’ (See
PURPOSE(S) OF THE SYSTEM: 3. To an individual or organization for 45 CFR 164–512(a)(1).)
The primary purpose of this modified a research project or in support of an In addition, our policy will be to
system is to establish an accurate, evaluation project related to the prohibit release even of data not directly
current, and comprehensive database prevention of disease or disability, the identifiable, except pursuant to one of
containing standardized enrollment, restoration or maintenance of health, or the routine uses or if required by law,
eligibility, and paid claims of Medicaid payment related projects. if we determine there is a possibility
beneficiaries to be used for the 4. To the Department of Justice (DOJ), that an individual can be identified
administration of Medicaid at the court or adjudicatory body when: through implicit deduction based on
Federal level, produce statistical a. The agency or any component small cell sizes (instances where the
reports, support Medicaid related thereof, or patient population is so small that
research, and assist in the detection of b. Any employee of the agency in his
individuals could, because of the small
fraud and abuse in the Medicare and or her official capacity, or
size, use this information to deduce the
c. Any employee of the agency in his
Medicaid programs. Information identity of the beneficiary).
or her individual capacity where the
retrieved from this system will also be
DOJ has agreed to represent the POLICIES AND PRACTICES FOR STORING,
disclosed to: (1) Support regulatory,
employee, or RETRIEVING, ACCESSING, RETAINING, AND
reimbursement, and policy functions
d. The United States Government is a DISPOSING OF RECORDS IN THE SYSTEM:
performed within the agency or by a
party to litigation or has an interest in STORAGE:
contractor or consultant; (2) assist
such litigation, and by careful review,
another Federal or state agency with All records are stored on computer
CMS determines that the records are
information to enable such agency to diskette and magnetic media.
both relevant and necessary to the
administer a Federal health benefits
litigation and that the use of such RETRIEVABILITY:
program, or to enable such agency to
records by the DOJ, court or Information can be retrieved by the
fulfill a requirement of Federal statute
adjudicatory body is compatible with assigned beneficiary identification
or regulation that implements a health
the purpose for which the agency number, SSN, HICN, and the assigned
benefits program funded in whole or in
collected the records. physician or other providers of services
part with Federal funds; (3) support a 5. To a CMS contractor (including, but
research or evaluation project; (4) identification number.
not necessarily limited to fiscal
support litigation involving the agency; intermediaries and carriers) that assists SAFEGUARDS:
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and (5) combat fraud, waste, and abuse. in the administration of a CMS- CMS has safeguards in place for
ROUTINE USES OF RECORDS MAINTAINED IN THE administered health benefits program, authorized users and monitors such
SYSTEM, INCLUDING CATEGORIES OR USERS AND or to a grantee of a CMS-administered users to ensure against excessive or
THE PURPOSES OF SUCH USES: grant program, when disclosure is unauthorized use. Personnel having
A. The Privacy Act allows us to deemed reasonably necessary by CMS to access to the system have been trained
disclose information without an prevent, deter, discover, detect, in the Privacy Act and information

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Federal Register / Vol. 71, No. 216 / Wednesday, November 8, 2006 / Notices 65531

security requirements. Employees who Finance, Systems & Budget Group, DEPARTMENT OF HEALTH AND
maintain records in this system are Center for Medicaid and State HUMAN SERVICES
instructed not to release data until the Operations, CMS, Mail Stop S3–18–15,
intended recipient agrees to implement 7500 Security Boulevard, Baltimore, Administration for Children and
appropriate management, operational Maryland 21244–1850. Families
and technical safeguards sufficient to
NOTIFICATION PROCEDURE:
protect the confidentiality, integrity and Submission for OMB Review,
availability of the information and For purpose of access, the subject Comment Request
information systems and to prevent individual should write to the system
unauthorized access. manager who will require the system Title: Evaluation of the Head Start
This system will conform to all name, HICN, address, date of birth, and Region III I am Moving, I am Learning
applicable Federal laws and regulations gender, and for verification purposes, (IM/IL) Program.
and Federal, HHS, and CMS policies the subject individual’s name (woman’s
maiden name, if applicable), and SSN. OMB No.: New Collection.
and standards as they relate to
information security and data privacy. Furnishing the SSN is voluntary, but it Description: The purpose of this
These laws and regulations may apply may make searching for a record easier evaluation is to examine the
but are not limited to: the Privacy Act and prevent delay. implementation of the Head Start
of 1974; the Federal Information RECORD ACCESS PROCEDURE: project I am Moving, I am Learning (IM/
Security Management Act of 2002; the For purpose of access, use the same IL) as a preventive intervention targeting
Computer Fraud and Abuse Act of 1986; procedures outlined in Notification obesity in children. IM/IL was designed
the Health Insurance Portability and Procedures above. Requestors should to fit within the Head Start Performance
Accountability Act of 1996; the E- also specify the record contents being Standards and the Head Start Child
Government Act of 2002, the Clinger- sought. (These procedures are in Outcomes Framework through
Cohen Act of 1996; the Medicare accordance with department regulation enhancements to current teaching and
Modernization Act of 2003, and the 45 CFR 5b.5(a)(2).) family support practices by providing
corresponding implementing more focused guidance on quality
regulations. OMB Circular A–130, CONTESTING RECORDS PROCEDURES:
movement, gross and fine motor
Management of Federal Resources, The subject individual should contact development, and child nutrition.
Appendix III, Security of Federal the system manager named above, and
reasonably identify the records and This data collection will be conducted
Automated Information Resources also
applies. Federal, HHS, and CMS specify the information to be contested. among programs implementing IM/IL in
policies and standards include but are State the corrective action sought and Region III, and will gain information
not limited to: All pertinent National the reasons for the correction with about each site’s program context and
Institute of Standards and Technology supporting justification. (These service components, including level of
publications; the HHS Information Procedures are in accordance with adoption of IM/IL enhancements,
Systems Program Handbook and the Department regulation 45 CFR 5b.7.) intensity of implementation, and
CMS Information Security Handbook. RECORDS SOURCE CATEGORIES:
sustainability of enhancements. Progress
toward achieving outcomes and goals of
RETENTION AND DISPOSAL: CMS obtains the identifying
the IM/IL program that can be measured
CMS will retain identifiable MSIS information contained in this system
from state Medicaid agencies, or will also be assessed.
data for a total period not to exceed 10
years after the final determination of the Medicaid Management Information Respondents: Head Start directors,
case is completed. All claims-related Systems maintained by the individual management teams, teachers, and staff
records are encompassed by the states, and information contained on in Region III that received spring 2006
document preservation order and will CMS Form 2082. IM/IL training; parents or guardians of
be retained until notification is received children who attend Head Start
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
from DOJ. OF THE ACT: programs where IM/IL is being
None. implemented.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Division of Informational [FR Doc. E6–18814 Filed 11–7–06; 8:45 am]
Analysis and Technical Assistance, BILLING CODE 4120–03–P

ANNUAL BURDEN ESTIMATES


Number of re- Average bur-
Number of re- Total burden
Instrument sponses per den hours per
spondents hours
respondent response

Director/Manager Questionnaire ...................................................................... 65 1 0.84 54.6


Director/Manager Telephone Interview ............................................................ 30 1 1.5 45.0
Teacher/Home Visitor Telephone Interview .................................................... 60 1 0.5 30.0
Director Interview ............................................................................................. 16 1 2.0 32.0
Key Management Staff Interview .................................................................... 48 1 1.5 72.0
Teacher/Home Visitor Focus Group ................................................................ 80 1 1.5 120.0
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Parent Focus Group ........................................................................................ 160 1 1.5 240.0

Estimated Total Annual Burden Additional Information: Copies of the Children and Families, Office of
Hours: 593.6. proposed collection may be obtained by Administration, Office of Information
writing to the Administration for Services, 370 L’Enfant Promenade, SW.,

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