Privacy Act of 1974; New System of Records, 1724-1726 [05-447]

Agencies

• DEPARTMENT OF HEALTH AND HUMAN SERVICES
• Health Resources and Services Administration

[Federal Register Volume 70, Number 6 (Monday, January 10, 2005)]
[Notices]
[Pages 1724-1726]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-447]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


Privacy Act of 1974; New System of Records

AGENCY: Health Resources and Services Administration, DHHS.

ACTION: Notification of a new system of records.

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SUMMARY: In accordance with the requirements of the Privacy Act, the 
Health Resources and Services Administration (HRSA) is publishing 
notice of a proposal to add a new system of records. The new system of 
records, ``State-Provided Physician Records for the Application 
Submission & Processing System, SDB, BHPr, HRSA,'' will cover health 
care practitioners who are the subjects of databases collected and 
maintained by State Primary Care Offices/Associations. Such health care 
practitioners include physicians (both M.D.s and D.O.s), licensed or 
otherwise authorized by a State to provide health care services. This 
system of records is required to comply with the implementation 
directives of the Act, Public Law 108-20. The records will be used to 
support the Application Submission and Processing System electronic 
application for the development, submission, and review of applications 
for HPSAs and MUPs. The most critical requirement for accurate 
designation determinations is accurate data on the location of primary 
care providers relative to the population. To this end, SDB continually 
tries to obtain the latest data on primary care providers and their 
practice location(s) at the lowest geographical level possible for use 
in the designation process, with the objective of minimizing the level 
of effort required on the part of States and communities seeking 
designations.

DATES: HRSA invites interested parties to submit comments on the 
proposed New System of Records on or before February 22, 2005. As of 
the date of the publication of this Notice, HRSA has sent a Report of 
New System of Records to Congress and to the Office of Management and 
Budget (OMB). The New System of Records will be effective 40 days from 
the date submitted to OMB unless HRSA receives comments that would 
result in a contrary determination.

ADDRESSES: Please address comments to Health Resources and Services 
Administration (HRSA) Privacy Act Officer, 5600 Fishers Lane, Room 14A-
20, Rockville, Maryland 20857; telephone (301) 443-3780. This is not a 
toll-free number. Comments received will be available for inspection at 
this same address from 9 a.m. to 3 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Associate Administrator, Bureau of 
Health Professions, Health Resources and Services Administration 
(HRSA), 5600 Fishers Lane, Room 8-05, Rockville, Maryland 20857; 
telephone (301) 443-5794. This is not a toll-free number.

SUPPLEMENTARY INFORMATION: The Health Resources and Services 
Administration (HRSA) proposes to establish a new system of records: 
``State-Provided Physician Records for the Application Submission & 
Processing System, SDB, BHPr, HRSA.'' The new system of records, 
``State-Provided Physician Records for the Application Submission & 
Processing System, SDB, BHPr, HRSA,'' will cover health care 
practitioners who are the subjects of databases collected and 
maintained by State Primary Care Offices/Associations. Such health care 
practitioners include physicians (both M.D.s and D.O.s), licensed or 
otherwise authorized by a State to provide health care services. The 
records will be used to support the Application Submission and 
Processing System electronic application for the development, 
submission, and review of applications for HPSAs and MUPs. The most 
critical requirement for accurate designation determinations is 
reliable data on the location of primary care providers relative to the 
population. To this end, SDB continually tries to obtain the latest 
data on primary care providers and their practice location(s) at the 
lowest geographical level possible for use in the designation process, 
with the objective of minimizing the level of effort required on the 
part of States and communities seeking designations. The system will 
include records that show a value for each of the following fields for 
all of the physicians that are included in each States' database: 
Provider ID (System-Assigned); Provider Type; Provider Status; First 
Name; Middle Name; Last Name; Suffix; Physician License Number; 
Specialty Code; Visa

[[Page 1725]]

Status; Federal Employee Status; National Health Service Corps Status; 
MD/DO; AMA ID; AOA ID; Hospital Privileges Status; Gender; Source Type; 
Address 1; Address 2; Address 3; City; State; Zip; FIPS State; FIPS 
County; Census Tract; Minor Civil Division; Longitude; Latitude; 
Address FTE; Office Visits (Per Year); New Patients Waiting Time For 
Appointments (days); Current Patients Waiting Time For Appointments 
(days); Average Wait for New Patient (hours); Average Wait for Current 
Patient (hours); Patient Percent--Homeless; Patient Percent--Medicaid; 
Patient Percent--Migrant Farm worker; Patient Percent--Native American; 
Patient Percent--Sliding Fee Scale; Patient Percent--Language Barrier 
Present; Patient Percent--Migrant/Seasonal Farm worker; Patient 
Percent--Other Population; Medicaid Claims; Hours Given Include Time 
Spent in Hospital; Accepts New Patients; Tour Hours in Direct Patient 
Care for this Address; Sub Specialty; Sub Specialty Percent; Language 
1; Language 1 Percent; Language 2; Language 2 Percent; Language 3; and 
Language 3 Percent.
    Disclosure of these records may be made to HRSA employees in order 
to accomplish the purposes for which the records are collected. The 
users are required to comply with the requirements of the Privacy Act 
with respect to such records. Also, each State Primary Care Office (and 
a few Primary Care Associations) may have access to provider data 
within their own state. These users will also have access to bordering 
states' data (one county-deep) at an aggregate level only. Disclosure 
may also be made to contractors engaged by the Department to geocode 
the physicians' address so that it may be seen on a computerized map, 
or to load the provider data into the Application Submission and 
Processing Systems. All such contractors shall be required to maintain 
Privacy Act safeguards with respect to such records and return all 
records to HRSA.
    This system of records is required to comply with the 
implementation directives of the Act, Public Law 108-20.
    The following notice is written in the present tense, rather than 
in the future tense, in order to avoid the unnecessary expenditure of 
public funds to republish the notice after the system becomes 
effective.

    Dated: December 23, 2004.
Elizabeth M. Duke,
Administrator, Health Resources and Services Administration.
09-15-0066

System Name:
    State-Provided Physician Records for the Application Submission & 
Processing System, SDB, BHPr, HRSA

Security Classification:
    None.

System Location:
    System Manager is located in Shortage Designation Branch, Office of 
Workforce Evaluation and Quality Assurance, Bureau of Health 
Professions, Health Resources and Services Administration, 5600 Fishers 
Lane, Room 8C-26, Rockville, Maryland 20857. Actual computer server is 
located in Office of Information Technology, Health Resources and 
Services Administration, 5600 Fishers Lane, Room 10A-08, Rockville, 
Maryland 20857.

Categories of Individuals Covered by the System:
    Health care practitioners who are the subjects of databases 
collected and maintained by State Primary Care Offices/Associations. 
Such health care practitioners include physicians (both M.D.s and 
D.O.s), licensed or otherwise authorized by a State to provide health 
care services.

Categories of Records in the System:
    The system will include records that show a value for each of the 
following fields for all of the physicians that are included in each 
States' database:

--Provider ID (System-Assigned)
--Provider Type
--Provider Status
--First Name
--Middle Name
--Last Name
--Suffix
--Physician License Number
--Specialty Code
--Visa Status
--Federal Employee Status
--National Health Service Corps Status
--MD/DO
--AMA ID
--AOA ID
--Hospital Privileges Status
--Gender
--Source Type
--Address 1
--Address 2
--Address 3
--City
--State
--Zip
--FIPS State
--FIPS County
--Census Tract
--Minor Civil Division
--Longitude
--Latitude
--Address FTE
--Office Visits (Per Year)
--New Patients Waiting Time For Appointments (days)
--Current Patients Waiting Time For Appointments (days)
--Average Wait for New Patient (hours)
--Average Wait for Current Patient (hours)
--Patient Percent--Homeless
--Patient Percent--Medicaid
--Patient Percent--Migrant Farmworker
--Patient Percent--Native American
--Patient Percent--Sliding Fee Scale
--Patient Percent--Language Barrier Present
--Patient Percent--Migrant/Seasonal Farmworker
--Patient Percent--Other Population
--Medicaid Claims
--Hours Given Include Time Spent in Hospital?
--Accepts New Patients?
--Tour Hours in Direct Patient Care for this Address
--Sub Specialty
--Sub Specialty Percent
--Language 1
--Language 1 Percent
--Language 2
--Language 2 Percent
--Language 3
--Language 3 Percent


Authority for Maintenance of the System:
    42 CFR, chapter 1, part 5--Designation of Health Professional 
Shortage Areas and section 332 of the Public Health Service (PHS) Act 
provide that the Secretary of Health and Human Services shall designate 
health professional shortage areas, (HPSAs), and/or Medically 
Underserved Populations (MUPs), based on criteria established by 
regulation. The authority for designation of HPSAs is delegated to the 
Bureau of Health Profession's Shortage Designation Branch (SDB). 
Criteria and the process used for designation of HPSAs and/or MUPs were 
developed in accordance with the requirements of section 332 of the PHS 
Act. Designation as a HPSA is a prerequisite for application for the 
National Health Service Corps recruitment assistance. To accomplish 
this task, the SDB relies on data specified in 42 CFR part 5 and HPSA 
and/or MUP guidelines, to review applications submitted by State 
Primary Care Offices (PCO) and their affiliates for designation status.

[[Page 1726]]

Purpose(s):
    The sole purpose of the system is to support the Application 
Submission and Processing System electronic application for the 
development, submission, and review of applications for HPSAs and MUPs. 
The most critical requirement for accurate designation determinations 
is reliable data on the location of primary care providers relative to 
the population. To this end, SDB continually tries to obtain the latest 
data on primary care providers and their practice location(s) at the 
lowest geographical level possible for use in the designation process, 
with the objective of minimizing the level of effort required on the 
part of States and communities seeking designations.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    1. Disclosure may be made to HRSA employees in order to accomplish 
the purposes for which the records are collected. The users are 
required to comply with the requirements of the Privacy Act with 
respect to such records.
    2. Each state Primary Care Office (and a few Primary Care 
Associations) may have access to provider data within their own state. 
These users will also have access to bordering states' data (one 
county-deep) at an aggregate level only.
    3. Disclosure may be made to contractors engaged by the Department 
to geocode the physicians' address so that it may be seen on a 
computerized map, or to load the provider data into the Application 
Submission and Processing Systems. All such contractors shall be 
required to maintain Privacy Act safeguards with respect to such 
records and return all records to HRSA.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Records are maintained in file folders and in computer data files.

Retrievability:
    Retrieval of physician records is by use of personal identifiers 
used when entering the system.

Safeguards:
    1. Authorized users: Access to records is limited to designated 
HRSA and PCO/A staff. Theses employees are the only authorized users. 
HRSA maintains current lists of authorized users.
    2. Physical Safeguards: All computer equipment and files are stored 
in areas where fire and life safety codes are strictly enforced. All 
automated and non-automated documents are protected on a 24-hour basis. 
Perimeter security includes intrusion alarms, on-site guard force, 
random guard patrol, key/passcard/combination controls, and 
receptionist controlled area. Hard copy files are maintained in a file 
room used solely for this purpose with access limited by combination 
lock to authorized users identified above. Computer files are password 
protected and are accessible only by use of computers which are 
password protected.
    3. Procedural Safeguards: A password is required to access computer 
files. All users of personal information in connection with the 
performance of their jobs protect information from public view and from 
unauthorized personnel entering an unsupervised area. All authorized 
users sign a ``Rules of Behavior'' document. All passwords, keys and/or 
combinations are changed when a person leaves or no longer has 
authorized duties. Access to records is limited to those authorized 
personnel trained in accordance with the Privacy Act and ADP security 
procedures. The safeguards described above were established in 
accordance with DHHS Chapter 45-13 and supplementary chapter PHS hf:45-
13 of the General Administration Manual; and the DHHS Information 
Resources Management Manual, Part 6, ``ADP Systems Security.''

Retention and Disposal:
    Retention and disposal is in accordance with the HRSA records 
retention schedule. Contact the System Manager at the following address 
for further information.

System Manager(s) and Address:
    Debra Small, ASAPS System Manager, Public Health Analyst, Shortage 
Designation Branch, Office of Workforce Evaluation and Quality 
Assurance, Bureau of Health Professions, Health Resources and Services 
Administration, 5600 Fishers Lane, Room 8C-26, Rockville, Maryland 
20857.

Notification Procedure:
    Write to the System Manager to determine if a record exists. The 
requester must also verify his or her identity by providing either a 
notarization of the request or a written certification that the 
requester is who he or she claims to be and understands that the 
knowing and willful request for acquisition of a record pertaining to 
an individual under false pretenses is a criminal offense under the 
Act, subject to a fine.

Record Access Procedure:
    To obtain access to a record, contact the System Manager at the 
above specific address. Requesters should provide the same information 
as is required under the Notification Procedures above. Individuals may 
also request listings of accountable disclosures that have been made of 
their records, if any.

Contesting Record Procedures:
    Write to the official specified under Notification Procedures 
above, and reasonably identify the record and specify the information 
being contested, the corrective action sought, and your reasons for 
requesting the correction, along with supporting information to show 
how the record is inaccurate, incomplete, untimely, or irrelevant. The 
right to contest records is limited to information which is incomplete, 
incorrect, untimely, or irrelevant.

Record Source Categories:
    Data are collected from the State Primary Care Offices and a few 
State Primary Care Associations.

Systems Exempted From Certain Provisions of the Act:
    None.

[FR Doc. 05-447 Filed 1-7-05; 8:45 am]
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