HR8822-119

What This Bill Does

The Federal Workers' Compensation Integrity and Care Act would add a data-access section to the Federal Employees' Compensation Act. On a written request identifying one or more employees, the Social Security Administration would have to give the Labor Secretary the employees' earnings information and monthly Social Security title II benefit information. The Department of Health and Human Services would have to provide information about those employees from the National Directory of New Hires. The stated purposes are to improve FECA compliance and program integrity and detect or prevent improper payments.

Labor could request the information without the affected employee's authorization and without notifying that employee. SSA and HHS would have to supply it promptly, at no cost to Labor, and in the manner, frequency, and format set by memoranda of understanding. Within 90 days after enactment, the Labor Secretary must enter separate memoranda with the Social Security Commissioner and HHS Secretary. The Labor Secretary must also create procedures within 90 days for matching a FECA recipient's identity and employment status against the information received.

The amendment would apply to FECA payments made on or after enactment. That immediate coverage date coexists with the 90-day deadlines for completing the data-sharing agreements and matching procedures. The bill defines the FECA program, incorporates the existing title 31 definition of improper payment, and identifies the Secretary as the Secretary of Labor. It also adds the new section to the title 5 table of sections.

The bill authorizes data matching but does not itself declare any named payment improper, automatically terminate compensation, establish a repayment formula, change FECA appeal rights, or require a public report. Any case action following a data match would have to occur through other applicable FECA authorities and procedures. Despite the Act's title, the introduced text contains no provider-credentialing or medical-care provision.

Who Benefits and How

Labor Department FECA integrity officials would receive current earnings, Social Security benefit, and new-hire information without having to obtain a claimant's consent. That access could make it easier to identify employment or overlapping-benefit information relevant to payment accuracy. The FECA program and Federal taxpayers could face less risk of losses from improper payments if the matching process works as intended. Accurate program data could also help administrators distinguish compliant recipients from cases that warrant additional review.

Who Bears the Burden and How

SSA and HHS data staff must build or operate timely, no-cost exchanges under new memoranda. Labor FECA staff must negotiate those agreements, establish matching procedures within 90 days, secure the received information, resolve data discrepancies, and conduct any resulting payment review. FECA recipients bear a privacy burden because their earnings, benefit, and new-hire records may be requested without authorization or notice. Recipients whose records suggest unreported work or conflicting benefit information face increased enforcement exposure, although the bill itself does not dictate a payment cutoff or penalty.

Key Provisions

• Requires SSA to provide requested earnings and title II benefit information.
• Requires HHS to provide requested National Directory of New Hires information.
• Allows Labor to request employee data without authorization or notice.
• Requires timely, no-cost delivery under two memoranda completed within 90 days.
• Directs Labor to establish identity and employment-status matching procedures within 90 days.
• Applies the amendment to FECA payments made on or after enactment.