CMS Pub. 100-04, ch. 29, § 300.1

The basis for policy governing the disclosure and confidentiality of information collected by the contractor

is §1106 of the Act, the Department’s Public Information regulations, as well as the Privacy Act, and the

Freedom of Information Act. In general, all information relating to an individual is confidential except as

provided by regulation. In the interest of an appellant’s right to due process, there are situations where

information may be disclosed. The CMS regulations implementing §1106 of the Act can be found at 42

CFR Part 401, Subpart B. (See the Medicare General Information, Eligibility, and Entitlement Manual,

Chapter 6.)

In addition, §1106 in title XI of the Act provides penalties for violation of the provisions concerning

confidentiality of information. Activities prohibited under the provisions of the Act include, but are not

limited to, making false and fraudulent statements, fraudulent concealment of evidence affecting payment

benefits, false impersonation of another individual, misuse or conversion of payments for use of another, and

improper disclosure of confidential information. (See the Medicare Program Integrity Manual 100-08.)