Multi-Program Information in SA Files

3304 - Multi-Program Information in SA Files (Rev. 1, 05-21-04) The CMS’ rules governing disclosure of Medicare/Medicaid/CLIA records and information to the public may be more or less restrictive than SA rules or those of other Federal programs. The SA should carefully distinguish between: A. Records and information the SA acquires as an agent of a CMS program, and B. Other records and information which: 1. The SA independently acquires through a State program; or 2. Are known to other parties who are not subject to a restriction or disclosure. The information known to these parties is considered as having entered the public domain. Only the information the SA acquired in its role as an agent of CMS, and which has not otherwise entered the public domain, is subject to CMS’ disclosure rules. When the SA obtains a record or an item of information that is not in the public domain and is held for joint use by the Medicare/Medicaid programs and other State or Federal programs, the SA applies the most restrictive confidentiality policies of all the programs to which the information relates. Once any record or item of information has been forwarded to CMS, it is treated according to whatever CMS rule is applicable. Consequently, the SA is free to disclose the information listed in §3308 below, either on the basis that the State is an agent of the Medicare/Medicaid/CLIA program or on the basis that such information has entered the public domain through CMS.