The use of technologically advanced systems able to gather and store data simplifies the enrollment process, but creates risks for states if personal information is inappropriately shared. States will need to take steps to protect consumers’ privacy.

*Milestone details:

*Full name: Establish policies and procedures to protect the privacy of applicants and enrollees.

*Relevance to the ACA:

The ACA requires the use of technologically advanced systems that allow consumers to learn about and apply for health programs on-line and that rely on data matching to gather information necessary to make accurate and timely eligibility determinations. The ACA also requires states to take appropriate steps to ensure the protection of consumers’ information throughout the process. Provisions relevant to the privacy of consumers include:

§1411 – Applicants applying through an Exchange are required to submit only information necessary to authenticate identity and determine eligibility, and the use and disclosure of this information is protected.

§1413 – Requires states to develop secure electronic interfaces for exchange of data for all state health subsidy programs, and requires Medicaid, CHIP, and Exchanges to participate in data sharing. The Secretary may establish model agreements for the sharing of data, subject to requirements to protect privacy and data integrity.

§2201 – Requires that all state health subsidy programs utilize a secure electronic interface for eligibility determinations.