Page:United States Statutes at Large Volume 113 Part 3.djvu/325

 PUBLIC LAW 106-169—DEC. 14, 1999 113 STAT. 1843 SEC. 212. COMPUTER MATCHES WITH MEDICARE AND MEDICAID INSTITUTIONALIZATION DATA. (a) IN GENERAL. —Section 1611(e)(1) of the Social Security Act (42 U.S.C. 1382(e)(1)) is amended by adding at the end the following: "(J) For the purpose of carrying out this paragraph, the Commissioner of Social Security shall conduct periodic computer matches with data maintained by the Secretary of Health and Human Services under title XVIII or XIX. The Secretary shall furnish to the Commissioner, in such form and manner and under such terms as the Commissioner and the Secretary shall mutually agree, such information as the Commissioner may request for this purpose. Information obtained pursuant to such a match may be substituted for the physician's certification otherwise required under subparagraph (G)(i).". (b) CONFORMING AMENDMENT. —Section 1611(e)(1)(G) of such Act (42 U.S.C. 1382(e)(l)(G)) is amended by striking "subparagraph (H)" and inserting "subparagraph (H) or (J)". SEC. 213. ACCESS TO INFORMATION HELD BY FINANCIAL INSTITU- TIONS. Section 1631(e)(1)(B) of the Social Security Act (42 U.S.C. 1383(e)(l)(B)) is amended— (1) by striking "(B) The" and inserting "(B)(i) The"; and (2) by adding at the end the following new clause: "(iiXI) The Commissioner of Social Security may require each applicant for, or recipient of, benefits under this title to provide authorization by the applicant or recipient (or by any other person whose income or resources are material to the determination of the eligibility of the applicant or recipient for such benefits) for the Commissioner to obtain (subject to the cost reimbursement requirements of section 1115(a) of the Right to Financial Privacy Act) from any financial institution (within the meaning of section 1101(1) of such Act) any financial record (within the meaning of section 1101(2) of such Act) held by the institution with respect to the applicant or recipient (or any such other person) whenever the Commissioner determines the record is needed in connection with a determination with respect to such eligibility or the amount of such benefits. "(II) Notwithstanding section 1104(a)(1) of the Right to Financial Privacy Act, an authorization provided by an applicant or recipient (or any other person whose income or resources are material to the determination of the eligibility of the applicant or recipient) pursuant to subclause (I) of this clause shall remain effective until the eeirliest of— "(aa) the rendering of a final adverse decision on the applicant's application for eligibility for benefits under this title; "(bb) the cessation of the recipient's eligibility for benefits under this title; or "(cc) the express revocation by the applicant or recipient (or such other person referred to in subclause (I)) of the authorization, in a written notification to the Commissioner. "(III)(aa) An authorization obtained by the Commissioner of Social Security pursuant to this clause shall be considered to meet the requirements of the Right to Financial Privacy Act for purposes of section 1103(a) of such Act, and need not be furnished to the financial institution, notwithstanding section 1104(a) of such Act.

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